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Appointment as a property agent (SALE)
Purplebricks Australia ABN 53 611 543 081
Level 18, 225 George St, Sydney, NSW 2000
This Agreement set outs the terms and conditions applicable to your use of our Products and Services and, to the extent that no separate prescribed form of agency agreement is required by Applicable Law, our appointment as your agent for the sale of the Property.
We encourage you to print off a copy of this Agreement and refer to it as you use our Products and Services.
IMPORTANT: If the Property is situated in a state or territory where a prescribed form of agency agreement is required by Applicable Law, we require you to complete and sign the prescribed form required by Applicable Laws, in addition to agreeing to these terms and conditions. This is a condition for the provision of our Products and Services under this Agreement. We cannot commence providing the Products and Services in connection with your Property until we receive any applicable prescribed forms that must be signed. In that case, we will not put the Property On the Market and will in no way be liable to you for any delay, costs, liabilities or expenses as a result.
To the extent this Agreement covers the same subject matter as a prescribed form of agency agreement or subject matter that may only be included in a prescribed form of agency agreement, the prescribed form of agency agreement will prevail and the relevant provisions in this Agreement will not have any effect.
“Accompanied Viewings” means subject to this Agreement, we will accompany a potential purchaser who has booked an appointment at a mutually convenient time, to view the Property.
“Account” means your account that we operate and you control within the Online Platform. For the avoidance of doubt, this includes the area where you instruct Purplebricks and manage the process of a sale, purchase, let and/or rent (including all marketing services).
“Advert” means how your property is to be displayed in advertising and marketing which may include (subject to the nature of the Products and Services) photographs, descriptions, key features and floor plans.
“Advertised Rates” means the charges for the Products and Services, which unless otherwise agreed by negotiation with us, are as follows:
|Fees charged:||Cost AU (including GST)|
|To Appoint Purplebricks||$4,500.00|
|Accompanied Viewings service (in addition to the initial fee to Appoint)||$385.00|
|Auction (in addition to the initial fee to Appoint)||$800.00|
“Advertising fees & charges” means any advertising fees, costs and charges that are not included as part of the Products and Services.
“Agreement” means this document, including any schedule or annexure to it together with any specific information about you and your Property, entered into the Online Platform as part of your application to Appoint us to advertise and market the Property.
“Applicable Laws” includes any requirement of any statute, rule, regulation, proclamation, order in council, ordinance or bylaw whether commonwealth, state, territorial or local.
“Appoint” means you have appointed us to advertise and market your Property with a view to selling the Property and have or will take advantage of the Products and Services and paid the Advertised Rates.
“Approved Conveyancer” means the conveyancer approved from time to time by Purplebricks to provide the Conveyancing Services.
“Auction” means a public sale of the Property where the Property is sold to the highest bidder.
“Auctioneer” means a suitably qualified and experienced auctioneer who is appointed or will be appointed by Purplebricks (acting on your behalf) to conduct the Auction.
“Business Day” means a day that is not a Saturday, Sunday or public holiday in the State or Territory where the Property is to be marketed.
“Commencement Date” means the date and time you sign this Agreement and appoint or instruct Purplebricks in respect of the sale of your Property.
“Content” means all of the content, documents, information and matters on or in your Account or contained within the Website and or Online Platform, whether through the Website and/or Online Platform or uploaded manually.
“Contract for Sale” means the contract for the sale of the Property required by law or by us before the Property is able to go On the Market.
“Conveyancing Services” means property conveyancing services provided by such firm or firms who are part of a panel of solicitors or lawyers introduced by us to you from time to time for any reason.
“Deferred Payment Date” means the date where any of the following first occurs:
“Deposit” means such sum of money as is required, paid or transferred to Purplebricks or an agreed third party with a view to securing the purchase of the Property.
“GST” means GST as defined in the A New Tax System (Goods And Services Tax) Act 1999 as amended (“GST Act”) or any replacement or other relevant legislation and regulations.
“Indirect Losses” means an indirect or consequential loss (not being a loss which arises naturally as a result of a breach of an Agreement or other event the subject of the relevant claim, including loss of profits or revenue, loss of opportunity, loss of goodwill or loss of reputation.
“Interruption” means any form of interruption to the ability of Purplebricks to provide or operate the Online Platform, the Systems or Products and Services.
“Local Property Expert” means a licensed real estate agent operating as a sole trader or corporation under licence from Purplebricks.
“Marketing Review” means from time to time we will arrange a mutually convenient date and time to review and discuss your marketing, price, number of viewings, nature and extent of any offers to purchase the Property and to provide advice on future marketing strategy for the Property.
“On the Market” means that a Property is advertised on www.realestate.com.au, www.domain.com.au and on www.purplebricks.com.au and any other online real estate website specified by Purplebricks from time to time.
“Online Platform” means the Systems provided to you in accordance with this Agreement to manage the Products and Services.
“Open Listing” means that the agreement for the marketing and sale of your Property with us is non-exclusive, that we do not prevent you from appointing other agents to market and sell your Property and that we will not charge you any extra fees or commissions if your property is sold through another agent or agency.
“Pay Later Terms” means the terms and conditions specified in section 2 of this Agreement in relation to the option to pay the Advertised Rates on the Deferred Payment Date rather than on or about the time of entry into this Agreement.
“Pay Later” means where you have not chosen to Pay Now and have agreed to the Pay Later Terms when you Appoint Purplebricks.
“Pay Now” means you pay for the Products and Services when you Appoint Purplebricks and have not chosen to Pay Later.
“Post-Sales Support” means liaising with you, the potential purchasers of the Property and the legal advisors to assist and support the transaction where possible through to Settlement.
“Products and Services” means the products and/or services offered from time to time by Purplebricks within the Website or via the Online Platform or such other promotions, materials and advertisements from time to time.
“Property” means the property you have instructed or intend to Appoint Purplebricks to market on your behalf pursuant to this Agreement.
“Provider” means Ratesetter Australia RE Limited (ABN 57 166 646 635), 14 Martin Place, Sydney NSW 2000 or such other provider as is notified to you from time to time.
“Purplebricks”, “we”, “us” or “our” means Purplebricks Australia Pty Ltd (ACN 611 543 081) trading as Purplebricks Australia with its registered address at Level 18, 225 George St, Sydney 2000.
“Related Entity” has the meaning given to it under the Corporations Act 2001 (Cth).
“Settlement” means the formal legal completion of the sale of your Property.
“Systems” means the Website and complimentary or subscribed (following a payment) access to the Online Platform.
“Website” means www.purplebricks.com.au including all systems and all software and processes hosted therein including the Online Platform.
“You” means the individual/s, company/ies, trust/s, partnership or other entity/ies executing this Agreement as the legal owner/s of the Property the subject of this Agreement.
Unless otherwise agreed by negotiation with us, we will charge you the Advertised Rates for the Products and Services. The Advertised Rates include GST are fixed irrespective of the price at which your Property is sold.
In addition, we reserve the right to charge for our costs incurred in providing credit card facilities if you choose to use a credit or debit card to pay for the Products and Services. Our charge for using a credit or debit card to make payment of the Advertised Rates will be specified on the Online Platform at the time that you elect to pay any fees and charges under this Agreement by credit or debit card.
the Advertised Rates will become non-refundable, irrespective of whether your Property is ultimately sold as a result of the provision of our Products and Services.
You acknowledge that we have informed you prior to entering into this Agreement that the scope of the Products and Services, Marketing Upgrades and additional advertising Services as well as the Advertised Rates or other fees payable in respect of those services are negotiable.
WARNING: A commission or fee is payable under this Agreement even if the sale of the property is not settled.
Please speak to your Local Property Expert should you require further information or help.
You will be charged separately for all advertising that is not included as part of the Products and Services. We will provide you with a choice as to any additional advertising you may require and we will provide you with the applicable price (including GST) for each requested additional advertising service before you are required to select whether to use these additional advertising services. The price will be the price outlined on our Website and Online Platform at the time of electing to receive these additional services.
When you acquire any of our Products and Services by choosing the Pay Now option, a third party service provider may collect some additional information from you such as the name on the credit or debit card, card number, start date, expiry date, security code or issue number for the purpose of processing the agreed payment. If you have chosen to Pay Later, this information may be passed on to that additional information to the Provider. Any credit card information will be stored by the third party service provider and/or the Provider. We do not collect or store your credit card details. If you acquire any additional Products and Services in the future, you will have the option to use the same card again (in which case we will then obtain that card information from the third party service provider). You can choose not to have your card information stored should you so wish. If you believe you have been billed in error you should notify us immediately by emailing firstname.lastname@example.org.
Once you have agreed to acquire Products and Services, you will be liable to pay Purplebricks the total value of the Products and Services, whether you choose to Pay Now or Pay Later (subject to any rights during the cooling off period referred to below and any other Applicable Laws).
If you have chosen the Pay Later option, you will not pay for the Products and Services until payment is due, in accordance with the Pay Later Terms.
If you wish to cancel or withdraw from any of the Products and Services you may do so at any time. We are entitled to payment in accordance with the Pay Later terms should you cancel or withdraw your Advert or any Products and Services and we will not under any circumstances provide a full or part credit in respect of Advertised Rates in such circumstances. You may withdraw your Advert at any time by clicking on the ‘remove advert’ icon on your property page in the Online Platform. In certain circumstances, you may be able to re-list the Property within a designated period after your withdrawal. We will provide you with further details at the time you seek to withdraw or relist your Advert.
We will notify the Provider in the event of a cancellation or withdrawal because such circumstances will result in payment being collected from you.
We may charge you further Advertised Rates to reinstate any removed or suspended Products and Services at a later date.
You will be required to confirm whether you wish to sell the property by private treaty or by Auction. Different Products and Services will be required for the sale of the Property, depending on which option you choose. The Advertised Rates payable in respect of the Property will also vary depending on the method of sale.
In accordance with Applicable Laws and good practice, you agree to have a Contract For Sale produced for your Property and provided to us before the Property will be placed On the Market. Until such time as you have provided us with a Contract For Sale we will not put the Property On the Market and will in no way be liable to you for any delay, costs, liabilities or expenses as a result. Your failure or refusal to provide us with a Contract For Sale does not in any way reduce or eliminate your liability in accordance with this Agreement to pay the Advertised Rates or the Advertising Fees & Charges for the Products and Services.
In the event that you have chosen to ‘Pay Later’ a Contract for Sale will be drafted for you by the firm providing the Conveyancing Services. They will contact you to confirm your instructions and to take payment from you for any disbursements or costs associated with producing the Contract For Sale.
If you have chosen to ‘Pay Now’ and you are not using the Conveyancing Services, you should immediately inform your solicitor or conveyancer to draft a Contract For Sale and provide it to us.
The Deposit received from the buyer of the Property will be paid to us. We will hold the Deposit in our trust account, in accordance with all Applicable Laws and the Contract for Sale for the Property. We will hold the Deposit until Settlement or until such time as we are instructed by you and those who provided the deposit to release it in accordance with your joint agreement and instruction to us.
On Settlement, we will pay the Provider from the Deposit (if applicable) and deduct any fees, costs or charges due to us (if applicable) and then send any surplus to you. In the event that there is a shortfall, we will notify you of the amount and will request that it is paid to us, or such other party as we agree, immediately.
We will distribute any interest earned in respect of the Deposit in accordance with Applicable Laws and any contract of sale for the Property.
We will request feedback from every person who has viewed or was due to view your property. We will prompt them for feedback at least three times unless they confirm that they do not wish to provide feedback. You can track these requests in the Online Platform.
The feedback will be made available for you to read as soon as it has been provided and will be exactly as provided by the person providing the feedback. The Online Platform gives you transparency and access to this information.
We will always inform you as soon as we become aware of anyone making an offer for your property where that person is in any way connected with Purplebricks; whether they are employed, a contractor, family member or providing services to us. In the event that you are aware of there being any personal interest in your Property from anyone connected with Purplebricks, you should notify us immediately. We will then make such enquiries as we consider necessary and provide you with a notification in writing of the nature of the personal interest. If such a person is prohibited from purchasing your Property by any Applicable Law we will inform you of that fact. If the offeror is not prohibited by any Applicable Law from purchasing your Property, you will have the sole discretion to decide whether you wish to deal with the person or persons concerned. We will never knowingly permit any offer to be made or sale agreed with someone connected to Purplebricks unless we have provided you with written notice and we only have received your consent to proceed with the sale. This written notice will ordinarily be displayed when you review the offer.
For the avoidance of doubt, we shall have the right to decline to provide the Products and Services for the Property if doing so would conflict with the interest of Purplebricks and we will refund to you any fees we may have already charged to you.
Before your Advert is published at the start of your sale/leasing campaign, we will ask you whether you are in any way connected with us; whether you are employed, a contractor, family member or providing services to us. This will be disclosed to all potential purchasers or tenants.
We will introduce to you, the buyer / tenant or any prospective buyer / tenant (where we deem appropriate and / or necessary) third party services (“the Third Party services”) such as mortgages, insurance, letting services and conveyancing but only where we reasonably believe that the Third Party services being provided are in the best interests of you, the buyer / tenant or prospective buyer / tenant and further that the third party companies are capable and required to, provide an exceptional service.
Subject always to any Applicable Laws or restrictions:
Where requested, we will instruct on your behalf third parties to provide the Third Party services advertised by Purplebricks. You will be made aware of the identity of the provider of the Third Party services that the relevant third party will be responsible for providing. Whilst we will make all reasonable efforts to ensure that the third parties provide you with exceptional service, we cannot and do not accept any liability for the conduct and service of the providers of the Third Party services acting on your behalf. Your contract for those services is with the third party service provider.
In order to continue to offer exceptional value for money when selling your property we may, subject to any Applicable Laws or restrictions, enter into arrangements with third parties who will pay us a commission or rebate in respect of any products or services you purchase from them. By entering into this Agreement you give express consent to us, subject to any Applicable Laws, being paid a commission or a rebate as a result of recommending or referring those products and services. In the event that you acquire any products or services where a commission or rebate is to be paid to us, you will be provided with further information.
In order to meet the costs of our fees when you choose the Pay Later option, we require you to use the Conveyancing Services. We will receive a commission from the Approved Conveyancer.
As at the date of this Agreement, we receive the following rebates and commissions in respect of products and services we purchase from third parties, or products and services that we require you to obtain from specified third parties:
We comply with all Applicable Laws in connection with the receipt of commissions and rebates received from third parties and the manner in which we deal with those rebates and commissions.
Whilst we will make all reasonable efforts to ensure that the Products and Services are available at all times, we do not guarantee, represent or warrant that your access to any of the Products and Services will be uninterrupted or error-free.
We will always make all reasonable efforts to ensure that all Your Content will be secure. We cannot guarantee that your access to the Website and/or the Online Platform will be uninterrupted or that the Website will operate error free, that any defects will be corrected or that the Website, the Online Platform and their servers are free of computer viruses, trojans, spyware and other harmful material; You should back up your own system periodically to ensure that all Content available to you and located within your Account, is available to you in the event of any loss or damage as Purplebricks reserves the right to remove or suspend all or any part of the Content, at any time in accordance with these terms.
You agree to release us (and our related entities) from all liability (including liability for negligence) for any loss or damage (including direct, indirect, special or consequential loss) arising out of or connected with the sale of the Property, the use of our Products and Services and any additional services you have elected. To the extent permitted by law, Purplebricks’ (and its Related Entities’) liability is limited to the supply of our Products and Services again or the payment of the cost of having our Products and Services supplied again.
We will not be responsible under any circumstances for any Indirect Losses, or for any loss caused or contributed to by you or people associated with you.
You indemnify us against:
(a.a) any loss or damage incurred or suffered by us as a result of your breach of any of your obligations under this Agreement;
(a.b) any claim or action which may be brought against us or our employees, agents or contractors in respect of personal injury or death of any person which is caused or contributed to by you;
(a.c) any damage to, or loss or destruction of property, arising from the use of the Products and Services; and
(a.d) any claims made and actions taken against us as a result of us providing the Products and Services, which is caused or contributed to by you.
Any limitations or exclusions in this Agreement relating to any term, condition or warranty, express or implied, or our liability, will only apply to the extent permitted by law and will not be construed as excluding, qualifying or limiting your statutory rights or remedies where to do so would be prohibited by statute.
For the effective use of the Products and Services we will be providing relevant parties with certain personal information about you. This will include your name, address, contact details, viewing availability, agreed sale price and position to proceed.
We will comply with the Privacy Act 1988 (Cth) (Privacy Act) in respect of all personal information (as that term is defined in the Privacy Act) about you (and any other legal owners of the Property) that we collect, hold, use and disclose under or in connection with this Agreement.
In the event that you choose to ‘Pay Later’, we will disclose to the Provider such personal information that we have collected or obtained from you via the Online Platform when you Appoint us and when any event occurs that represents a Deferred Payment Date.
We take all issues and complaints very seriously. We aim to offer a first class experience to all of our customers and will try very hard to do so in every case. We welcome all forms of feedback. Please refer to our Complaints Process which provides helpful additional information.
If the Property is in Victoria, any complaint relating to commission or outgoings can be made to the Director, Consumer Affairs Victoria, GPO Box 4567, Melbourne VIC 3001 or by telephoning 1300 73 70 30. Unless there are exceptional circumstances, Consumer Affairs Victoria cannot deal with any dispute concerning commission or outgoings unless it is given notice of the dispute within 28 days of the client receiving an account for, or notice that the agent has taken the amount in dispute, whichever is later.
You have a cooling off period under this Agreement. If you do not wish to continue with this Agreement after entering into it, you can cancel it the following day by notice to us, except when the following day is a Sunday or a public holiday, in which case your notice will be taken to have been given on a Monday or the next business day. The notice must be provided in writing to the person named below. You may use the form of notice set out below.
Notices to be sent to: Andrew Harris at email@example.com
To: Operations Director
I/We (delete as appropriate) hereby give notice that I/we (delete as appropriate) wish to cancel my/our (delete as appropriate) contract in relation to the sale of my property at ...
If you cancel this Agreement during the cooling off period and in accordance with the terms of this Agreement and Applicable Law, we will refund to you any fees already charged to you. Please allow up to 5 Business Days for us to process the refund. We will not charge you any further fees following your notice to us.
This Agreement may be executed in any number of counterparts, including counterparts in electronic form, counterparts executed using electronic signatures and counterparts executed by way of a ‘clickwrap’ execution method (including by a user clicking on the ‘I agree’, ‘I accept’ or similarly labelled button on the Website or the Online Platform). Each counterpart is an original but the counterparts together are one and the same agreement. This Agreement will be formed when we have communicated our acceptance of your electronic execution to you (which may be by electronic or automated means).
A copy of an original executed counterpart sent by email or stored in electronic form:
By executing this Agreement in any of the ways described above, you:
Unless GST is expressly excluded, the consideration to be paid or provided under any other clause of this Agreement for any supply made under this Agreement includes GST.
To the extent that a party is required to reimburse or indemnify another party for a loss, cost or expense incurred by that other party, that loss, cost or expense does not include any amount in respect of GST for which that other party is entitled to claim an input tax credit.
In this clause 19:
WARNING: YOU ARE ADVISED TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THIS AGREEMENT
This Agreement enables you to appoint us to undertake the marketing, advertising and sale of your Property. You should seek legal advice if you are unsure about any aspect of this Agreement or the fees you are being charged then do not accept this agreement. If you still have some concerns after obtaining your own legal advice, then do not accept this Agreement.
We recommend that before Appointing us, you review the relevant consumer information relating to the appointment of a real estate agent, as set out on the website of the applicable state or territory regulatory authority: