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Appointment as a property agent (SALE)
Purplebricks Australia Pty Ltd ABN 53 611 543 081
Level 1, 372 Elizabeth Street, Surry Hills, NSW 2010
SA: RLA 279482
YOU ARE ADVISED TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THIS AGREEMENT
Any financial or investment advice provided by Purplebricks is general advice and does not take into account the individual circumstance of the vendor or the vendors’ objectives, financial situation or needs.
You will be required to pay the following fees under this agreement
For customers in NSW, QLD, VIC or SA:
|On listing and Publication of Your Property||$4,400 (incl GST) (Marketing Package)|
|On Settlement of the sale of Your Property||$4,400 (incl GST) (Success Fee)|
|Auction Fee (if You choose to sell Your Property by Auction):||$660 (incl GST (Auction Fee)|
For customers in WA:
Note that these fees are not pursuant to any scale fixed by law and are to be agreed upon between the parties.
|On listing and Publication of Your Property||$2,200 (incl GST) (Marketing Package)|
|On Settlement of the sale of Your Property||$6,600 (incl GST) (Success Fee)|
|Auction Fee (if You choose to sell Your Property by Auction):||$660 (incl GST (Auction Fee)|
Important: See section 5.2 of this Agreement for further information about the Western Australian (WA) fees and why the Marketing Package is less for Properties located in WA.
Once You have agreed to Appoint us and acquire the Purplebricks Services, You will be liable to pay Purplebricks the Agreed Upfront Fee, 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). For customers in WA, the Agreed Upfront Fee will be held in our trust account until settlement on the sale of Your Property, or when You cancel our Appointment and this Agreement in accordance with section 6 of this Agreement, or when You withdraw Your Property from the market, whichever is the earlier.
Additional costs and expenses may also apply if additional marketing services are required, or if You elect to “upgrade” certain marketing and other services provided under this Agreement. Further detail is set out in the terms and conditions of this Agreement.
This Agreement set outs the terms and conditions applicable to Your use of the Purplebricks 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 the Purplebricks Services.
IMPORTANT: If the Property is situated in a state or territory where a prescribed form of agency agreement is required by Applicable Laws, then You are required to complete and sign the prescribed form, in addition to agreeing to the terms of this Agreement. We cannot commence providing the Purplebricks Services in connection with Your Property until we receive those signed forms. We will not Publish the Property until we have received all signed forms, including Your agreement to the terms of this Agreement, 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 have no effect.
Capitalised terms in this Agreement are defined in section 13.12 of this Agreement.
When You Appoint us, we will (subject to the terms of this Agreement):
The term of the exclusivity period will be from the date You Appoint us until Settlement or cancellation of our Appointment, whichever is earlier, in accordance with section 6 of this Agreement.
By entering into this Agreement, You warrant that You have not entered into a sole or exclusive agency agreement with another real estate agent in respect of the Property. We reserve the right to decline to provide the Purplebricks Services if this is the case.
Warning: Have You signed an agency agreement for the sale of Your Property with another agent? If You have signed an agency agreement with another agent but You sell Your Property through us, You may still be liable to pay the other agent’s commission, if the other agreement is a sole or exclusive agency agreement.
You confirm and warrant that You Appoint us with the complete knowledge, consent and agreement of:
Further, You confirm and warrant that You have all relevant authorities and authorisations as are necessary or required to enable You to acquire the Purplebricks Services. You also warrant that You have provided us with all relevant facts and information relating to the Property which a buyer would consider material.
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 at any time on the day of, or the day after You accept this Agreement. Where the day after entry into this Agreement is a Sunday or a public holiday, Your notice must be given by the end of the next Business Day.
The notice must be provided in writing to Andrew Harris at email@example.com or such other person as notified to You from time to time. You may use the form of notice set out below.
To: Andrew Harris
I/We (delete as appropriate) hereby give notice that l/we (delete as appropriate) wish to cancel my/our (delete as appropriate) contract in relation to the sale of my property at (insert property address).
If You cancel this Agreement during the cooling off period, we will refund to You any fees already paid by You to us or a third party in connection with the sale of the Property, including the Agreed Upfront Fee. 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.
As part of the Appointment process on the My Purplebricks Platform, You are required to elect whether You wish to sell the property by private treaty or by Auction. Different Purplebricks Services will be required for the sale of the Property, depending on which option You choose. The fees payable in respect of the Property will also vary depending on the method of sale.
If You choose to sell the Property by private treaty, You will be required to notify us of the price for the Property that we will include in the Advert and all agreed advertising. You are not obliged to accept an offer if the offer is for the advertised selling price. You are entitled to change the advertised selling price at any time before You agree to sell the Property to a buyer and before they have paid the Deposit.
If You choose to sell Your Property by Auction we will need to instruct an Auctioneer and You will be required to pay the Auction Fee. If You choose to pay the Marketing Package in accordance with the Pay Later option, You may also choose to pay the Auction Fee using the Pay Later option.
During the Marketing Period, You may also elect to sell Your Property by Auction. However, if You elect to sell by Auction after the date of our Appointment and Your original election to pay the Marketing Package using the Pay Later option, the Auction Fee will become payable at the time of making the election to sell by Auction. The Auction Fee will be payable by credit card or debit card via the My Purplebricks Platform at the time You choose to change Your method of sale to sale by Auction.
The Local Real Estate Agent will contact You to fix a date and time for the Auction and agree a guide sale price for the Property to enable the Advert to be Published. We will not display the price on any of these online portals. However, we need to know the minimum price (the reserve) You want to achieve so the Property can be declared to be able to be sold to the highest bidder on the day of the Auction once that reserve price has been reached.
Specific rules apply to the sale of property by Auction. You will be legally obliged to sell the Property to the highest bidder once the Auction commences and after the reserve price has been reached.
If You accept an offer prior to Auction and cancel the Auction within 21 days of the scheduled Auction date, You will be liable to pay us the full Auction Fee (if this has not already been paid as part of the Pay Now option), in accordance with section 6 of this Agreement.
You will be required to enter into an Agency Agreement with respect to the Property before the Property will be Published, in accordance with Applicable Laws. Your Local Real Estate Agent will prepare and assist You to complete an Agency Agreement for the Property. The Local Real Estate Agent cannot conduct any Private Inspections or Open Homes before receiving a signed Agency Agreement.
You agree to have a Contract For Sale produced for Your Property and provided to Your Local Real Estate Agent before the Property will be Published, in accordance with Applicable Laws. If You are not using the Recommended Conveyancer, You should immediately inform Your solicitor or conveyancer to draft a Contract For Sale and provide it to Your Local Real Estate Agent.
Until such time as You have provided Your Local Real Estate Agent with a Contract For Sale together with any other applicable forms and documents, we will not Publish the Property for sale, and will in no way be liable to You for any delay, costs, liabilities or expenses as a result (except to the extent that such delay, costs, liabilities or expenses were caused by us). Your failure or refusal to provide us with a Contract For Sale does not in any way reduce or eliminate Your liability to pay any fees payable in connection with this Agreement.
Your Local Real Estate Agent will discuss and agree with You the manner in which the Property will be made available for prospective buyers to inspect the Property during the Marketing Period. This will include Open Homes and Private Inspections. The Local Real Estate Agent will assist you to determine an appropriate strategy for Open Homes and Private Inspections based on the Local Real Estate Agent’s experience, market conditions and interest from prospective buyers.
Following the end of the Marketing Period, your Local Real Estate Agent will be available to conduct Private Inspections, and if considered reasonably necessary, additional Open Homes. The manner in which the Property will be opened for inspection for prospective buyers after the end of the Marketing Period will be discussed and agreed with You. Your Local Real Estate Agent will complete the details of when the Property will be available to be viewed by prospective buyers on the My Purplebricks Platform. Prospective buyers may book a time to attend and view the Property using the My Purplebricks Platform.
You will be notified immediately via the My Purplebricks Platform when an Open Home or Private Inspection is booked. We will provide You with the name of the person(s) who wishes to view the Property, together with the date and time. Where a Private Inspection or Open Home is requested outside of Your listed availability, You will need to notify the Local Real Estate Agent via the My Purplebricks Platform so that the Local Real Estate Agent can notify the prospective buyer and arrange a new time for the Open Home or Private Inspection. It is Your responsibility to do this promptly.
It is Your responsibility to ensure that the Property is ready and prepared for all Open Homes and Private Inspections, is in a safe condition and that the Local Real Estate Agent has access to the property at the date and time of the open home.
You may decide to open the Property for inspections without your Local Property Agent. These bookings will also be managed through the My Purplebricks Platform.
We will report offers to You promptly on receipt of the offer through the My Purplebricks Platform. The prospective buyer’s details will be requested and provided to You automatically at the time the offer is made. The information will be made available in exactly the form in which it is received from the potential buyer through the My Purplebricks Platform.
You may elect whether to accept the offer, reject the offer, reject and negotiate, or You can opt for Your Local Real Estate Agent to negotiate the offer on Your behalf at no extra cost. These options will be made available to You each time You receive an offer.
Your Local Real Estate Agent will always act on Your behalf and negotiate the best possible offer for Your property, without any conflict of interest, subject to section 7.
In the event that You are selling the Property by Auction, any bids for the Property at Auction will be subject to the Auction rules, with a minimum bid equal or exceeding the reserve being necessary for the Property to be considered on the market and able to be purchased.
Once a sale is agreed between You and the potential buyer, You must notify us of Your solicitor’s details (if You are not using the Recommended Conveyancer). We will then send a Sales Advice to Your nominated solicitor, and Your Local Real Estate Agent will notify You of the key dates relevant to the sale i.e. exchange, Settlement.
We will provide You with Post-Sales Support as we consider reasonably necessary.
The Deposit received from the buyer of the Property must be paid directly to us into our trust account, details of which will be provided to You by Your conveyancer, or the Recommended Conveyancer (if applicable). The Local Real Estate Agent is not authorised to collect monies on our behalf.
We will hold the Deposit in our trust account, in accordance with all Applicable Laws and the Contract for Sale for the Property, until Settlement or until such time as we are instructed by You and/or those who provided the Deposit to release it in accordance with Your joint agreement and instruction to us.
We will distribute any interest earned in respect of the Deposit in accordance with Applicable Laws and any Contract for Sale for the Property.
Your Local Real Estate Agent will create Your Advert as soon as reasonably practicable. You will be notified via the My Purplebricks Platform as soon as the Advert is available for Your review and approval. You may access Your Account within the My Purplebricks Platform to make changes to the Advert and use the My Purplebricks Platform to send your changes to Your Local Real Estate Agent to review. You must confirm via the My Purplebricks Platform, that You approve the final version of the Advert. If You do not approve the Advert, Your Local Real Estate Agent will contact You to discuss the Advert before proceeding to Publish the Advert. You will publish the Advert via Your Account when You are happy with the content of the Advert.
You are solely responsible for descriptions, photographs, floor plans and information that You upload as well as for all representations that You make to Your Local Real Estate Agent to allow them to create Your Advert or sell Your Property. (“Your Content”). You warrant that Your Content is accurate, current and is in no way misleading or deceptive. You also warrant that You own all proprietary rights to Your Content and that Your Content does not infringe on any copyright, property right, trademark or any other applicable right. We may screen Your Content and if any of the information You provide or approve is or is found to be in breach of this Agreement, we reserve the right to remove Your Content immediately from the Purplebricks Website, the Real Estate Websites and the My Purplebricks Platform. In the event that this occurs, You will be refunded the Agreed Upfront Fee less any reasonable costs actually incurred by the Local Real Estate Agent in preparing the Advert and procuring the ‘for sale’ sign board, photography, copywriting and other third party services.
We provide professional photography for the Property as part of the Purplebricks Services. If You choose to have a professional photographer, Your Local Real Estate Agent will engage a photographer to attend the Property at a time agreed with You. Once the photos become available, they will be sent to You through the My Purplebricks Platform to enable You to select which photos will be used in the Advert and on the ‘for sale’ sign.
You will also be able to upload up to 15 additional photographs of Your Property from time to time subject to the following terms and conditions:
The Local Real Estate Agent will book the photographer to attend your Property at a time convenient to you. Once the photographer is booked to photograph the Property, you must provide reasonable notice of cancellation or changes to the date and time of the booking. If any costs or charges are incurred in connection with the cancellation or change to the appointment, You must pay for such cost or charge by credit card or debit card via the My Purplebricks Platform promptly following notification that the costs or charge has been incurred.
We will advertise Your Property on the Purplebricks Website and the Real Estate Websites in the manner set out in section 2.1 above, including but not limited to:
We may advertise and market Your Property on any Real Estate Websites, property portals, or publications that we consider will be the most effective at securing interest in the Property from potential buyers, in our absolute discretion. We may withdraw or no longer take advantage of the services of such property portals, websites or publications at any time, in our absolute discretion.
We will always seek Your consent before advertising Your Property on any new Real Estate Website, property portal or publication.
At the end of the Marketing Period, You will be asked if You want to extend the Premiere Listing for an additional period of time. If You choose to extend the Premiere Listing as part of Your Marketing Upgrade, You will have access to the discounted rates that we have negotiated for Purplebricks customers. Such rates will only be available to You for 60 days from the end of the initial Premiere Listing. At the end of the 60 day period, the discounted rates will no longer be made available to You and You will have to pay higher rates if You want to extend the Premiere Listing. You must pay these rates by credit card or debit card via the My Purplebricks Platform at the time You choose to extend the Premiere Listing.
If You purchase a Marketing Upgrade, we will charge You the actual cost of the Marketing Upgrade, plus an additional 15% (including GST) of the total cost of the Marketing Upgrade to cover bank charges, administration and expenses incurred by us in providing and putting in place the Marketing Upgrade. You agree to this Marketing Upgrade charge being made and retained by us. You must pay these rates by credit card or debit card via the My Purplebricks Platform at the time You choose to purchase the Marketing Upgrade.
We will arrange for one ‘For Sale’ sign to be erected at Your Property.
In the event the sign is damaged or stolen through no fault of Yours, we may provide one additional signage board at no cost. For any further subsequent signage boards, You must pay the fees published on the My Purplebricks Platform from time to time in connection with the purchase of additional, replacement or upgraded signage. Such fees are payable by credit or debit card via the My Purplebricks Platform at the time of purchase from the third party service provider.
Where we provide a ‘For Sale’ sign, You acknowledge:
You acknowledge that we are not responsible for any liability, damages or injuries incurred as a result of the erection of the signage.
You may upgrade the size of the sign at an additional cost to be paid by credit or debit card via the My Purplebricks Platform. A third party provider will liaise with You in relation to the additional signage and Signage Fees payable for that signage.
You must supply Your Local Real Estate Agent (at Your cost) with two sets of keys for all lockable doors, cupboards and areas that form part of the Property to allow us to provide the Open Homes and Private Inspections in respect of the Property. The Local Real Estate Agent will store these in a safe and secure locked cabinet at the premises of the Local Real Estate Agent.
If Your Property is empty when it is offered for sale, You agree that You will conduct regular security and condition checks of the Property from time to time. We will not be responsible for conducting any checks on Your behalf.
The Local Real Estate Agent will undertake regular Marketing Reviews of the Property to determine whether any adjustments are required to be made to the campaign.
The Local Real Estate Agent will also seek to meet with You for a Marketing Review where the Local Real Estate Agent believes there needs to be a change in the campaign, manner of sale of the Property or approach to marketing. If the Local Real Estate Agent reasonably considers that a revision of the price guide for the Property is appropriate, the Local Real Estate Agent will discuss this with You.
We will request feedback from every person who has viewed or was due to view Your Property. We will prompt verified customers for feedback at least three times unless they confirm that they do not wish to provide feedback. We will request unverified customers to verify their Purplebricks account and then request their feedback (at least three times unless they confirm that they do not wish to provide feedback). You can track these requests in the My Purplebricks Platform.
The feedback will be made available for You to read on the My Purplebricks Platform as soon as it has been provided and will be exactly as provided by the person providing the feedback.
The Agreed Upfront Fee is comprised of the Marketing Package and the Auction Fee (if you elect to sell your Property by Auction).
If Your Property is located in VIC, NSW, SA or QLD:
The Marketing Package is an upfront, fixed fee payable for the sale of your Property ($4,400 including GST). Once paid to us, Purplebricks will commence the sales campaign for the Marketing Period. This fee will be used by Purplebricks to provide all of the marketing and services outlined in clause 2.1 above. Subject to Law, once the Marketing Package is paid, no part of this Marketing Package will be refundable to You, even if You have not yet received all of the marketing and other services included within the package outlined above.
If your Property is located in WA:
The Marketing Package is an upfront fixed fee payable in connection with the sale of your Property ($2,200 including GST). We will hold the Marketing Package in our trust account until settlement on the sale of Your Property, You cancel our Appointment and this Agreement in accordance with section 6 of this Agreement, or You withdraw Your Property from the market, whichever is the earlier. Once the Marketing Package is paid to us, Purplebricks will commence the marketing activities for the Marketing Period. This fee will be used by Purplebricks to pay for the following advertising and marketing activities in connection with your Property:
Purplebricks will itself pay for the various costs incurred in connection with supplying the Marketing Package (eg to photographers, the Real Estate Websites etc). Subject to Law, once the Marketing Package is paid, no part of this Marketing Package will be refundable to You, even if You have not yet received all of the marketing and other services included within the package outlined above. For customers in WA only, if Purplebricks’ reasonable fees and charges incurred for the items which together comprise the Marketing Package are less than the $2,200 (including GST) paid by You, we will refund to You the difference between the Marketing Package and the Purplebricks’ reasonable fees and charges actually incurred.
The Purplebricks Services described in this Agreement also include the balance of the services described in clause 2.1 (other than the marketing activities outlined above). The overall delivery of the marketing services, including coordination and expert sales and marketing advice is only payable to Purplebricks on the successful sale of your Property (as part of the Success Fee). If your Property does not sell and the Success Fee does not become payable, neither Purplebricks nor the Local Real Estate Agent will be remunerated for the provision of their services. For WA customers, no part of the “Marketing Package” includes remuneration for services, as Applicable Laws prevent Purplebricks from being paid such amounts before Settlement of the Property
You will be given the option to pay the Agreed Upfront Fee immediately ie ‘Pay Now’ (Option A below) or to elect to pay the Agreed Upfront Fee at a later date ie ‘Pay Later’ (Option B below).
The Pay Later option is administered by a third party service provider. Use of this payment gateway will be subject to the third party’s terms and conditions, which will be available for review at the time of entering the credit or debit card details.
By accepting the terms of this Agreement and electing to follow the Pay Later option, you agree to the Pay Later Terms. In the case of any inconsistency between this Agreement and the Pay Later Terms, the Pay Later Terms will take precedence.
To use Pay Later you must be a natural person who is also an Australian resident and who is not bankrupt, has not presented a declaration or intention under section 54A of the Bankruptcy Act 1996 (Cth), is not subject to a personal insolvency agreement (PIA), or part IX debt agreement (DA), and by choosing Pay Later you confirm and represent that you are a natural person and that you are not bankrupt or subject to a PIA or DA. Pay Later is not available to companies, businesses, partnerships, charities, trusts and such other organisations that are excluded from time to time unless agreed by Purplebricks in writing.
The Success Fee will only be payable if Your Property sells. It will not become payable until the Settlement of the sale has been finalised.
On Settlement, we will deduct from the Deposit:
By entering into this Agreement, you irrevocably authorise us to deduct the fees outlined above from the Deposit.
You will be charged separately for all Advertising Fees that are not included as part of the Purplebricks Services specified in section 2 above, including any upgrades to listings on the Real Estate Websites and additional or replacement signage. 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 cost of each additional advertising service will be payable by You by credit or debit card via the My Purplebricks Platform at the time of purchase of such Advertising Fees. There is no option to defer payment of the Advertising Fees. The Advertising Fees are payable to Purplebricks in advance of providing such additional services. Payment for the Advertising Fees will be processed through the third party payment gateway and will be subject to the terms and conditions of that service provider.
The Local Real Estate Agent is not authorised to collect monies on our behalf. Any payment for Purplebricks Services under this Agreement must be made directly to us via the My Purplebricks Platform.
If You wish to cancel our Appointment, You may do so at any time. If you cancel our Appointment and this Agreement:
(1) during the cooling off period, section 2.4 of this Agreement will apply; and
(2) at any time after the end of the cooling off period, we are entitled to retain the Marketing Package. This will not be refunded to You even if the marketing package included within the Marketing Package has not been provided in full or part as at the date of cancellation. For customers in WA only, You will be refunded the Marketing Package less all reasonable fees and charges actually incurred by us in providing the Marketing Package up to and including the date of cancellation.
We are entitled to full payment of the Auction Fee immediately, if You cancel Your Auction within 21 days of the scheduled Auction date. If you have previously elected to defer the payment of the Auction Fee as part of the Pay Later option, the Auction Fee will become immediately payable.
You may withdraw Your Advert at any time by clicking on the ‘withdraw property’ button on Your My Purplebricks property page on the My Purplebricks Platform. The Advert will be withdrawn from the Purplebricks Website immediately and within 6 hours on the Real Estate Websites (subject to compliance with our request by the Real Estate Websites). In certain circumstances, You may be able to re-list the Property within a designated period after Your withdrawal. You can do this by clicking on the ‘relist property’ button on Your My Purplebricks property page. You will then be asked to accept the terms and conditions before the property is relisted. We may charge You further fees to reinstate any removed or suspended Purplebricks Services at a later date if we will incur costs in connection with the reinstatement. Such fees will be payable by credit or debit card at the time of reinstatement or suspension.
If You elected to take up the Pay Later option, we will notify the payment gateway service provider in the event of a cancellation, because such circumstances will result in payment of the Agreed Upfront Fee becoming immediately payable by You.
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, a franchisee, a 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 buyer 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 have received Your consent to proceed with the sale. This written notice will ordinarily be displayed when You review the offer.
We reserve the right to decline to provide the Purplebricks Services for the Property if doing so would conflict with the interest of Purplebricks and in such case, we will refund to You any fees that we may have already charged to You.
Before Your Advert is published at the start of Your sales campaign, we will ask You whether You are in any way connected with us; whether You are employed, a contractor, a franchisee, a family member or providing services to us. If there is any connection, this will be disclosed to all potential buyers.
We will introduce to You, the buyer or any prospective buyer (where we deem appropriate and / or necessary) third party services such as mortgages, insurance, letting services and conveyancing, including the Recommended Conveyancer (“the Third Party Services”) but only where we reasonably believe that the Third Party Services being provided are in the best interests of You, the buyer or prospective buyer, and further that the Third Party Services are capable and required to, provide an exceptional service. If You agree to instruct a Third Party Service Provider, the Third Party Service Provider will contact You to confirm Your instructions and to take payment from You for any disbursements or costs associated with providing the Third Party Services.
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 (“Third Party Service Provider”). You will be made aware of the identity of the Third Party Service Provider. Whilst we will make all reasonable efforts to ensure that the Third Party Service Provider provides You with exceptional service, we cannot and do not accept any liability for the conduct and service of the Third Party Service Provider acting on Your behalf. Your contract for those services is with the Third Party Service Provider and You are subject to their terms and conditions.
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 the Third Party Service. In the event that You acquire any Third Party Services where a commission or rebate is to be paid to us, You will be provided with further information. We comply with all Applicable Laws in connection with the receipt of commissions and rebates received from Third Party Service Providers and the manner in which we deal with those rebates and commissions.
You acknowledge and agree that as at the date of this Agreement, we receive:
as a commission that we retain and use in our absolute discretion.
We do not receive a commission or rebate for recommending the services of Third Party Service Providers in South Australia.
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 the Purplebricks Services and any additional services You have elected to purchase.
You indemnify us against:
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 Purplebricks Services we will be providing relevant third parties with certain personal information about You. This will include Your name, address, contact details, open home 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 may be required to disclose to a third party service provider such personal information that we have collected or obtained from You via the My Purplebricks Platform when You Appoint us and when any event occurs that represents a Payment Date. This is required to allow the third party service provider to provide and administer the ‘Pay Later’ option.
We use a third party service provider to administer our payment service in accordance with Applicable Laws. When You acquire any of our Purplebricks Services, the 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.
Any credit card information will be stored by the third party service provider in accordance with the Applicable Laws. We do not collect or store Your credit card details. If You acquire any additional Purplebricks 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, unless you choose the Pay Later option.
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 12:
This Agreement governs the relationship between You and us. We operate a franchise network within Australia. The Local Real Estate Agent is authorised to operate a Purplebricks franchise. We will, via our master franchisees, pay Local Real Estate Agents’ fees for operating the Purplebricks franchise business and providing the services set out under this Agreement to you.
Where You owe payment in this way, You acknowledge and agree that Purplebricks may transfer or assign its right to receive payment from You to a third party without your consent. Where We make such a transfer or assignment, the amount You owe will then be payable by You, on the Pay Later Payment Date, to the third party and the third party will contact You to collect the payment when it falls due. You further agree that Purplebricks may pass any information (including personal data) provided by You to the appointed third party to enable the third party to collect any payments due from You in accordance with these terms and conditions.You agree that the third parties referred to under this heading and / or Purplebricks may carry out identity, credit and regulatory checks. These checks will not publicly appear on your credit file.
Purplebricks may assign, novate or otherwise transfer any of the rights and obligations of this Agreement to a third party, in whole or in part, without your prior consent. You agree that you may not assign, novate or otherwise transfer any of the rights and obligations of this Agreement to a third party, unless we provide you with our prior written consent, acting reasonably.
A notice or other communication connected with this agreement (Notice) has no legal effect unless it is in writing.
In addition to any other method of service provided by Applicable Law, the Notice may be:
If the Notice is sent or delivered in a manner referred to in the preceding paragraph, it must be treated as given to and received by the party to which it is addressed:
In the case of Purplebricks, the email address for notices is Andrew Harris at firstname.lastname@example.org.
In the case we need to provide You with a Notice, the email address for the Notice will be taken to be the email address You provided at the time of entering this Agreement.
(1) You agree that all complaints or disputes must be referred to us in accordance with our procedures from time to time for handling disputes. Subject to clause 13.4(2), all issues and complaints, including if You believe that You have been billed in error, are to be referred to Andrew Harris at email@example.com. Unresolved complaints or disputes may be then referred by you to the relevant consumer protection body in the State or Territory in which the Property is to be marketed.
(2) 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.
This Agreement is the entire agreement and understanding between the parties on everything connected with the subject matter of this Agreement and supersedes any prior agreement or understanding on anything connected with that subject matter.
An amendment or variation to this Agreement is not effective unless it is in writing and signed by the parties.
A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude either its exercise in the future or the exercise of any other power or right. A waiver is not effective unless it is in writing. Waiver of a power or right is effective only in respect of the specific instance to which it relates and for the specific purpose for which it is given.
Each party must promptly at its own cost do all things (including executing and if necessary delivering all documents) necessary or desirable to give full effect to this Agreement.
The law of the State or Territory in which the Property is to be marketed governs this Agreement and both parties submit to the non-exclusive jurisdiction of the courts of that State or Territory and of the Commonwealth of Australia.
If any provision in this Agreement is unenforceable, illegal or void or makes this Agreement or any part of it unenforceable, illegal or void, then that provision is severed and the rest of this Agreement remains in force.
If any provision in this Agreement is unenforceable, illegal or void in one jurisdiction but not in another jurisdiction or makes this Agreement or any part of it unenforceable, illegal or void in one jurisdiction but not in another jurisdiction, then that provision is severed only in respect of the operation of this Agreement in the jurisdiction where it is unenforceable, illegal or void.
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 Purplebricks Website or the My Purplebricks 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:
“Account” means Your account that we operate and You control within the My Purplebricks Platform. For the avoidance of doubt, this includes the area where You instruct Purplebricks and manage the process of a sale or purchase (including all marketing services).
“Advert” means how Your Property is to be displayed in advertising and marketing as part of the Purplebricks Services.
“Advertising Fees” means any advertising fees, costs and charges that are not included as part of the Purplebricks Services, including but not limited to upgrades and additional fees payable for marketing following the Marketing Period.
“Agreed Upfront Fee” means the Marketing Package and, if You have elected to sell Your Property by Auction, the Auction Fee.
“Agreement” means this document, including any report schedule or annexure to it together with any specific information about You and Your Property, entered into the My Purplebricks Platform.
“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 market, advertise and sell Your Property and have or will take advantage of the Purplebricks Services, such appointment effective on the date You accept the terms and conditions of this Agreement.
“Auction” means a public sale of the Property where the Property is sold to the highest bidder.
“Auction Fee” means a fee of $660 (including GST).
“Auctioneer” means the Local Real Estate Agent or a suitably qualified and experienced auctioneer who is appointed or will be appointed by the Local Real Estate Agent (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 located.
“Content” means all of the content, documents, information and matters on or in Your Account or contained within the Purplebricks Website and/or My Purplebricks Platform.
“Contract for Sale” means the contract for the sale of the Property required by law or by us before the Property is able to be Published.
“Conveyancing Fees” means the fees payable to the Recommended Conveyancer in consideration for the Conveyancing Services.
“Conveyancing Services” means property conveyancing services and includes the preparation of the Contract for Sale.
“Deposit” means such sum of money as is required, paid or transferred to us or a third party nominated by us 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 any 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 and includes loss of profits or revenue, loss of opportunity, loss of goodwill and loss of reputation).
“Local Real Estate Agent” means an incorporated local real estate agent.
“Marketing Package” means the fixed amount of $4,400 (including GST) for customers in NSW, QLD, VIC or SA and $2,200 (including GST) for customers in WA payable in accordance with this Agreement.
“Marketing Period” means 45 days from the date the Property is Published on the Purplebricks Website and Real Estate Websites.
“Marketing Review” means a meeting (via any form of convenient communication method) between You and Your Local Real Estate Agent at a mutually convenient date and time during the Marketing Period to review and discuss the marketing, price, number of Open Homes, nature and extent of any offers to purchase the Property and to provide advice on future marketing strategy for the Property.
“Marketing Upgrade” means You have selected to an upgrade from the standard listing we provide on any Real Estate Websites.
“My Purplebricks Platform” means the platform accessible via the Purplebricks Website and used to manage the provision of the Purplebricks Services.
“Open Homes” means a scheduled time for opening the Property for inspection by prospective buyers during which any prospective buyer interested in inspecting the Property may attend the Property.
“Pay Later” means where You agree to pay the Agreed Upfront Fee on the Pay Later Payment Date.
“Pay Later Payment Date” means the date on which the earlier of the following events occur:
“Pay Later Terms” means the terms and conditions applicable if You elect to Pay Later. These terms and conditions will be displayed on the My Purplebricks Platform if you elect to Pay Later when completing the Appointment using the My Purplebricks Platform.
“Pay Now” means where You elect to pay the Agreed Upfront Fee when You enter into this Agreement and have not chosen to Pay Later.
“Post-Sales Support” means liaising with You, the potential buyer of the Property and the legal advisors to assist the transaction where possible through to Settlement.
“Premiere Listing” means a premiere listing of Your Property on www.realestate.com.au (as defined on that website from time to time).
“Private Inspection” means an individual inspection of a Property by a prospective buyer accompanied by a Local Real Estate Agent, at a time arranged specifically for the prospective buyer.
“Property” means the property You have instructed Purplebricks to market, advertise and sell on Your behalf pursuant to this Agreement.
“Published” or “Publication” means that the Property has been displayed as for sale on any of the Real Estate Websites and/or the Purplebricks Website;
“Purplebricks”, “we”, “us” or “our” means Purplebricks Australia Pty Ltd (ABN 53 611 543 081) trading as Purplebricks Australia with its registered address at Level 1, 372 Elizabeth Street, Surry Hills, NSW 2010 and any party to whom we assign our rights under this Agreement.
Purplebricks Group means Purplebricks, or a Related Entity of Purplebricks.
“Purplebricks Services” means the products and services offered by Purplebricks from time to time within the Purplebricks Website or via the My Purplebricks Platform or such other promotions, materials and advertisements offered by Purplebricks from time to time.
“Purplebricks Website” “means www.purplebricks.com.au (https://www.purplebricks.com.au/) including all systems and all software and processes hosted therein including the My Purplebricks Platform.
“Real Estate Websites” means www.realestate.com.au, www.domain.com.au and any other online real estate website specified by Purplebricks from time to time
“Recommended Conveyancer” means Lawlab Pty Limited ABN 63 109 721 833 or such conveyancer recommended from time to time by us to You to provide the Conveyancing Services.
“Related Entity” has the meaning given to it under the Corporations Act 2001 (Cth).
“Sales Advice” means a summary of the details of the terms on which the Property is to be sold.
“Settlement” means the formal legal completion of the sale of Your Property.
“Success Fee” means the amount of $4,400 (including GST) for customers in NSW, QLD, VIC or SA and $6,600 (including GST) for customers in WA. Payable only if the Property is sold and completes the legal Settlement process.
“You” or “Your” means the individual/s, company/ies, trust/s, partnership or other entity/ies executing this Agreement as the legal owner/s of the Property.
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:
If Your property is in NSW, You acknowledge that before Appointing us, You have been provided with a copy of the approved Consumers Guide ‘Agency Agreements for the sale of Residential Property’ on the date of this Agreement. The guide is available for download here.