Exclusive Sale Authority

March 25, 2018 | Author: Katharina Sumantri | Category: Law Of Agency, Estate Agent, Sales, Personally Identifiable Information, Rebate (Marketing)


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Code 002Exclusive Sale Authority The Real Estate Institute of Victoria Ltd Particulars of Appointment. ABN 81 004 210 897 Y www.reiv.com.au Agent: ABN: L Address: N Attention: Phone: Mobile: Fax/Email: O Vendor: ABN: Address: E Phone: Mobile: Email: L Property: with goods being: P Exclusive authority period: days. Continuing authority period: days. Property sold: with vacant possession OR subject to a tenancy on payment of full purchase price M OR upon terms on payment of full deposit and the sum of $ Vendor’s price $ payable in days A Agent’s estimate of selling price (Section 47A of the Estate Agents Act 1980). Note: If a price range is specified, the difference between the upper and lower amounts cannot be more than 10% of the lower amount. S Single amount $ or between $ and $ Commission A fixed Commission (including GST) of $ OR A commission (including GST) being the following % of the sale price: Dollar amount of estimated commission: $ which includes GST of $ if sold at a *GST inclusive/*GST exclusive sale price of $ (*delete the one that does NOT apply) Marketing Expenses (including GST). Advertising $ Other Expenses $ TOTAL $ The Marketing Expenses are payable on * the signing of this Authority / * written request (*delete the one that does NOT apply) DATE: / /20 AGENT VENDOR (S) Agent’s Copy 19082014 Page 1 of 4 © 2014 The Real Estate Institute of Victoria Ltd. This form or portions thereof may not be reproduced without written prior permission. This form or portions thereof may not be reproduced without written prior permission.reiv. Property sold: with vacant possession OR subject to a tenancy on payment of full purchase price M OR upon terms on payment of full deposit and the sum of $ Vendor’s price $ payable in days A Agent’s estimate of selling price (Section 47A of the Estate Agents Act 1980). Code 002 Exclusive Sale Authority The Real Estate Institute of Victoria Ltd Particulars of Appointment. the difference between the upper and lower amounts cannot be more than 10% of the lower amount. S Single amount $ or between $ and $ Commission A fixed Commission (including GST) of $ OR A commission (including GST) being the following % of the sale price: Dollar amount of estimated commission: $ which includes GST of $ if sold at a *GST inclusive/*GST exclusive sale price of $ (*delete the one that does NOT apply) Marketing Expenses (including GST).com. Advertising $ Other Expenses $ TOTAL $ The Marketing Expenses are payable on * the signing of this Authority / * written request (*delete the one that does NOT apply) DATE: / /20 AGENT VENDOR (S) Vendor’s Copy 19082014 Page 1 of 4 © 2014 The Real Estate Institute of Victoria Ltd. Note: If a price range is specified. . Continuing authority period: days.au Agent: ABN: L Address: N Attention: Phone: Mobile: Fax/Email: O Vendor: ABN: Address: E Phone: Mobile: Email: L Property: with goods being: P Exclusive authority period: days. ABN 81 004 210 897 Y www. Melbourne.1 lasts for the number of days specified in the Particulars of Appointment. if requested. The statement can be downloaded at www. it starts on the day after the day on which the exclusive authority period ends and 2. this Authority is void. the Property is sold. Item 1 continues to apply. L 2.au) Agents Copy Agent’s Copy 10082012 19082014 Page Page22 of of 4 4 .2 on the day it starts.2 The Vendor may cancel the continuing authority period at any time by written notice to the Agent. “sale” and “sell” in GC 1. and E 2. 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.au) Item 7.13) O Item 2. If the warranty is false. commission.vic. or other benefit. If a complaint or dispute arises. the Agent’s exclusive appointment ends. (See the definition of “sold”. Item 9. Victoria.2 during the continuing authority period by the Agent. 30 days after the date of the auction (b) in any other case.2. 2. market. and includes non. Commission sharing * The Agent may share the commission with an employee who is an estate agent or an agent’s representative. 60 days after the date the agreement is signed by.4 will not apply if the Vendor may incur a liability to pay an agent a commission under an exclusive agency agreement signed by the Vendor with another agent after the expiration of the exclusive authority period. Consumer Affairs Victoria (CAV) GPO Box 123. 1. the sole agency ends: (a) in the case of a sale by auction.4 within 120 days after the expiration of the exclusive authority period to a person introduced to the Property by the Agent within the exclusive authority period and to whom. Item 3. unless cancelled. at the time of signing this Authority.3 If the continuing authority period is cancelled.gov. 3001 or by telephoning 1300 73 70 30. complete and attach the rebate statement approved by the Director of Consumer Affairs Victoria.3 to a person introduced to the Property by the Agent before the Vendor signed this Authority.1. Warranty of REIV membership The Agent is a member of the REIV. Continuing authority period 2. Item 1.consumer. or 1. please ask to be informed about the procedures. at the date of this Authority. entitled to any rebate. or with an estate agent who is the Agent’s business partner.1. or is not likely to be. the seller of the real estate or business.consumer.1 If there is a continuing authority period. A rebate includes any discount. and endeavour to sell the Property. The Agent will confirm membership. or on behalf of. Agent’s entitlement to commission The Vendor agrees to pay the Agent the commission on the terms of this Authority if the Property is sold: 1. The notice can be downloaded at www. M Item 4. Agent’s role The Agent will advertise. or L 1. whichever is later.gov. A Item 5. The commission is due and payable by the Vendor on the Property being sold. as a result of the introduction.vic. Exclusive Authority Period (no time stated) If an agreement stating that an estate agent is to act as the sole agent for the sale of any real estate or business does not state when the sole agency is to end. Item 8.3 and 1. or notice that the Agent has taken the amount in dispute. N Items 1.monetary benefits. or Y 1. (This warranty cannot be deleted or modified) S Item 6: Rebate Statement – No Rebate will be received * The Agent will not be. Making a complaint P Any complaint relating to commission or outgoings can be made to the Director. at the time of signing this Authority. Dispute resolution The Agent has procedures for resolving complaints and disputes arising from the operation of the Agent’s estate agency practice. (* If commission will be shared with anyone else. (* If entitled to a rebate.1 during the exclusive authority period by the Agent or by any other person (including the Vendor or another agent). complete and attach the notice of commission sharing approved by the Director of Consumer Affairs Victoria. M Item 4. Exclusive Authority Period (no time stated) If an agreement stating that an estate agent is to act as the sole agent for the sale of any real estate or business does not state when the sole agency is to end.2.vic.1 If there is a continuing authority period.1 during the exclusive authority period by the Agent or by any other person (including the Vendor or another agent).vic.2 on the day it starts.4 within 120 days after the expiration of the exclusive authority period to a person introduced to the Property by the Agent within the exclusive authority period and to whom. 1.1. (This warranty cannot be deleted or modified) S Item 6: Rebate Statement – No Rebate will be received * The Agent will not be. commission. Victoria. unless cancelled. market. at the time of signing this Authority. Item 3. The notice can be downloaded at www. (See the definition of “sold”. A Item 5. 30 days after the date of the auction (b) in any other case.3 to a person introduced to the Property by the Agent before the Vendor signed this Authority. L 2.2 during the continuing authority period by the Agent. Warranty of REIV membership The Agent is a member of the REIV. 60 days after the date the agreement is signed by. or Y 1.13) O Item 2. or 1. whichever is later. as a result of the introduction. If the warranty is false.3 and 1.4 will not apply if the Vendor may incur a liability to pay an agent a commission under an exclusive agency agreement signed by the Vendor with another agent after the expiration of the exclusive authority period. Making a complaint P Any complaint relating to commission or outgoings can be made to the Director. the seller of the real estate or business.gov.au) Item 7.1 lasts for the number of days specified in the Particulars of Appointment. complete and attach the rebate statement approved by the Director of Consumer Affairs Victoria. Item 1 continues to apply. 2. Agent’s role The Agent will advertise. Consumer Affairs Victoria (CAV) GPO Box 123. If a complaint or dispute arises. at the time of signing this Authority. and E 2. The Agent will confirm membership. or on behalf of. 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. the Property is sold. complete and attach the notice of commission sharing approved by the Director of Consumer Affairs Victoria. please ask to be informed about the procedures. and includes non.1. (* If commission will be shared with anyone else. Continuing authority period 2. The statement can be downloaded at www. Melbourne.consumer. “sale” and “sell” in GC 1. or L 1. Dispute resolution The Agent has procedures for resolving complaints and disputes arising from the operation of the Agent’s estate agency practice.consumer. (* If entitled to a rebate. The commission is due and payable by the Vendor on the Property being sold. or is not likely to be. Agent’s entitlement to commission The Vendor agrees to pay the Agent the commission on the terms of this Authority if the Property is sold: 1. this Authority is void. Item 9. entitled to any rebate. the Agent’s exclusive appointment ends. Item 1. it starts on the day after the day on which the exclusive authority period ends and 2.3 If the continuing authority period is cancelled. or with an estate agent who is the Agent’s business partner. 3001 or by telephoning 1300 73 70 30. or other benefit. A rebate includes any discount.monetary benefits.gov. Commission sharing * The Agent may share the commission with an employee who is an estate agent or an agent’s representative. or notice that the Agent has taken the amount in dispute. and endeavour to sell the Property. N Items 1. if requested.au) Vendor’s Copy Vendor’s Copy 10082012 19082014 Page Page22 of of 4 4 . Item 8. at the date of this Authority. the sole agency ends: (a) in the case of a sale by auction.2 The Vendor may cancel the continuing authority period at any time by written notice to the Agent. 1. means: in appropriate attorney power or other person acting as your agent. “Vendor’s price” has the meaning in GC 1.16 If the Agent or the Vendor comprises more than Agent’s Copy 10082012 Particulars of Appointment.1 and GC 1.1 being informed by the Agent the commission and Marketing Expenses are negotiable. information. or both.com. Act 1980. In this Authority by an orityfor order unless otherwise specific required performance by the and/or context upon the 1. and continuing result in an enforceable contract of sale. bank account details. is not provided we may not be able to act for you or effectively perform our role as your estate agent. Vendor acknowledgements The Vendor acknowledges: 10.7 “introduced Victoria or the REIV or the both of them in connection with thetosale theofProperty” meanscomplying your property. (b) to enable us to promote our services and seek out potential clients. and (c) to respond to enquiries received The kinds of personal information we will collect and hold are your name.3.14. or 1. before signing this Authority. amending commencing or superseding on the date of the act this referred Authority to. hearing. Our contact details appear in thisProperty other literature referring to the availability of the 1. holding. If we are to resolve set out in the your complaint youParticulars may refer itoftoAppointment which the Office of the would Information Australian 1.6 receipt of a copy of this Authority. or Appointment. to enable us to promote our services or seek out potential clients or both. 1.3.2 “Agent” means the Agent named in the Particulars of power or other person became actingawareas your the agent. 10. 19082014 in accordance with the A New Tax System (Goods and one person.1can“Act” means thebetween be contacted Estate Agents 9:00 am Act 1980. a corporation and The main consequences Vendor for you if all or part of your personal information and the purchaser.1Estate and GC Institute of Victoria Ltd 1. E You can contact us between 9:00am & 5:00pm Monday to Friday (excluding public holidays) to gain access We will collect your personal information from you. or reading an advertisement If you of or whatever nature circumstances or medium or your any boards. L 10.2 “deposit moneys” “Agent” means thehas the same Agent named meaning as definedofin in the Particulars purchaser would be entitled to an award of damages. at the time of signing.3 commission is payable in accordance with this Authority. providing inform details us your of the consent sale of the and is terminated.3.5 being informed the Agent has procedures for resolving complaints and disputes. providing details of your sale to the REIV or These General Conditions commercialview. and 5:00 pm Monday to Fridayintroduced (excludingto public holidays)by the Property tothe provide Agentaccess if theto you.5 “Exclusive to an actPeriod” Authority of Parliament means the includes periodan act set out in the Particulars of Appointment which would Particulars of Appointment. has come to an end.au Ltd to enable any or all of them to collect and/or disseminate details of the sale of real estate.11 For the purposes “purchaser” of GC means the1.au this Authority Ltd to enable either or both to collect and/or disseminate details of the sale of real estate. if signed by enquiries@oaic. address. Privacy Act 1988: APP notification of collection of personal information N Privacy Act 1988: collection and use of personal information If you are an individual on you. before signing this Authority.2 Marketing Expenses incurred during the period of this Authority must be paid.1 an offer at the Vendor’s price and on the terms until the expiry of the number of days specified in the 1. sale. from your attorney under power or to or amend your personal information. or if it is appropriate in the circumstances. an incorporated association.14 ”Vendor’s price” means a price equal to or greater 1.5 1. the Sale of Land Act 1962.com. For 1. signing this Authority you consent to us collecting. fax or email. We will hold your personal information in hard copy or in electronic form. 1. under or 1. We are unlikely to disclose your personal information to overseas recipients.au apply Ltd to this Authority.14. their respective obligations are joint and 1. of sale signed by the purchaser and Definitions and interpretation: contract of sale" means a contract which may be enforced “Vendor’s price” has the meaning in GC 1. 1. complaint and attempt to resolve a timely manner.3.4 “deposit moneys”pricehas stated in themeaning the same Particulars as of defined in commencing on the date of this Authority and continuing Appointment. Your consent will continue until you.4 and agrees that his / her personal information will be collected and may be used.13 enforced “sold” is by thean orderoffor result specific aperformance obtaining binding offerand/ and or “sale” upon and the “sell” breach have of which corresponding either the Vendor or the meanings.3. Page Page33 of of 4 4 . Vendor and the purchaser. if your property is sold. Sydney NSW and or result in an enforceable contract of sale. Appointment. of the foregoing.3.2 “enforceable or subject breachmatter: of which either the Vendor or the purchaser [ACN 004 210 contract of 897]. and disclosing your personal information for the with whom we need to have contact. These General Conditions apply to this Authority.1 the offer must be in 1. if signed by Agents Copy 1.au other expenses of the Agent specified in the Particulars of the Vendor and exchanged with the purchaser. placards.6the “GST” means the goods andwith services tax payable until the expiry of the number of days specified in the Vendor and exchanged the purchaser. Without limiting the generality and telemarketing. in connection with performing our role as your estate agent. a person will be deemed to have been We1. or in appropriate circumstances O We yourwill also use attorney yourpower under personal information or other in connection person acting with: (a) as your agent. primary purpose and secondary purposes set out below.3.1would be entitled “Act” means to an Agents the Estate award of damages.3 “Exclusive Authority “binding offer” means:Period” means the period than the Vendor’s 1. The secondary purposes are: providing your personal information to other estate agents or valuers during the period of General Conditions (GC) P this Authority in connection with or in relation to the sale of your property.4 1.2 an enforceable contract of sale signed by the Services Tax) Act 1999.com. Our contact details are on the first page of a this Authority. we collect your personal information and will use it. Our contact details are on the first page of this Authority. Property this istosothe REIV even though and/or realestateview.gov.1We an will offerpromptly at the Vendor’s considerprice yourand on the terms that were it inconnected to the Agent in unable any way. or in appropriate circumstances on your attorney under power or other person acting as your If you are an individual. result of viewing.8 “Marketing Expenses” means the advertising2001 Commissioner GPO Box 5218. Y 10. using. or in person appropriate circumstances to your attorney under 1. S Authority.9 “person” includesisathat natural person. and will provide it to others agent. if the Property is sold. as provided in this Authority. or realestateview.3consider “bindingwe have offer” breached the Australian Privacy Principles you. 1. responding to enquiries received Definitions from Consumer andAffairs interpretation: 1. For the purposes of GC 1.12 “REIV” the meansofThe purposes GC Real 1. Propertyto update was or seek available correction for purchase ofas A your personal Appointment. the personwith was the law. 10.10 “professional fees” means the total of the commission General Conditions a contract (GC)by the purchaser and of sale signed and Marketing Expenses as duly authorised and expended.15 A reference 1. credit or from Consumer Affairs Victoria and/or the REIV relating to this Authority and/or the sale of the Property.1the person to offer whommustthe beProperty in For the purposes of GC 1.2 an enforceable contract of sale signed by the 1.3. L The main consequence for you if all or part of your personal information is not provided is that we The primary purpose is: acting for you in relation to or in connection with the sale of your property and the finalization of your may not be able to act for you and/or effectively perform our role as your estate agent. debit card details or both and if appropriate or required. sale” means a contract which may be 1. may complain to us by letter. 1.3. other person acting as your agent. the Sale of Land Act 1962. Item 10. In this Authority unless otherwise required by the context made aware the Property was available to purchase M or Yousubject matter:to us using your personal information for direct marketing also consent irrespective of the source. contact details.2 "enforceable a contract is sold. 10.3. whether or not the Property is sold. 1. individual. your power of attorney or other agent details. The secondary purposes are: providing your personal information to other estate agents or valuers during the period of General Conditions (GC) P this Authority in connection with or in relation to the sale of your property. if the Property is sold. to enable us to promote our services or seek out potential clients or both. 10. or realestateview. fax or email. if signed by Agents Copy until the expiry of the number of days specified in the Vendor’s Copy 1.3. and (c) to respond to enquiries received The kinds of personal information we will collect and hold are your name. signing this Authority you consent to us collecting. and will provide it to others agent.4 and agrees that his / her personal information will be collected and may be used. of sale signed by the purchaser and Definitions and interpretation: contract of sale" means a contract which may be enforced “Vendor’s price” has the meaning in GC 1.2 “enforceable or subject breachmatter: of which either the Vendor or the purchaser [ACN 004 210 contract of 897].gov.12 “REIV” the meansofThe purposes GC Real 1. credit or from Consumer Affairs Victoria and/or the REIV relating to this Authority and/or the sale of the Property.14. means: in appropriate attorney power or other person acting as your agent.5 being informed the Agent has procedures for resolving complaints and disputes. or in appropriate circumstances on your attorney under power or other person acting as your If you are an individual. S Authority.6 receipt of a copy of this Authority.10 “professional fees” means the total of the commission General Conditions a contract (GC)by the purchaser and of sale signed and Marketing Expenses as duly authorised and expended. providing details of your sale to the REIV or These General Conditions commercialview.4 1.au apply Ltd to this Authority.14. the Sale of Land Act 1962. contact details.9 “person” includesisathat natural person.1Estate and GC Institute of Victoria Ltd 1. E You can contact us between 9:00am & 5:00pm Monday to Friday (excluding public holidays) to gain access We will collect your personal information from you. If we are to resolve set out in the your complaint youParticulars may refer itoftoAppointment which the Office of the would Information Australian 1. Privacy Act 1988: APP notification of collection of personal information N Privacy Act 1988: collection and use of personal information If you are an individual on you. and disclosing your personal information for the with whom we need to have contact.3. In this Authority unless otherwise required by the context made aware the Property was available to purchase M or Yousubject matter:to us using your personal information for direct marketing also consent irrespective of the source. or reading an advertisement If you of or whatever nature circumstances or medium or your any boards.3 “Exclusive Authority “binding offer” means:Period” means the period than the Vendor’s 1.1the person to offer whommustthe beProperty in For the purposes of GC 1. the personwith was the law. Property this istosothe REIV even though and/or realestateview. 1. if signed by [email protected]. complaint and attempt to resolve a timely manner.1can“Act” means thebetween be contacted Estate Agents 9:00 am Act 1980. or Appointment. amending commencing or superseding on the date of the act this referred Authority to.1 being informed by the Agent the commission and Marketing Expenses are negotiable.8 “Marketing Expenses” means the advertising2001 Commissioner GPO Box 5218. your power of attorney or other agent details. These General Conditions apply to this Authority. information.com.15 A reference 1. Page Page33 of of 4 4 . of the foregoing. at the time of signing. Appointment. the Sale of Land Act 1962. or in appropriate circumstances O We yourwill also use attorney yourpower under personal information or other in connection person acting with: (a) as your agent. sale” means a contract which may be 1.13 enforced “sold” is by thean orderoffor result specific aperformance obtaining binding offerand/ and or “sale” upon and the “sell” breach have of which corresponding either the Vendor or the meanings. 10. 1. is not provided we may not be able to act for you or effectively perform our role as your estate agent. from your attorney under power or to or amend your personal information.au other expenses of the Agent specified in the Particulars of the Vendor and exchanged with the purchaser. Without limiting the generality and telemarketing. 1. 1.3 commission is payable in accordance with this Authority. 1. result of viewing. 1.3.2 “Agent” means the Agent named in the Particulars of power or other person became actingawareas your the agent. We will hold your personal information in hard copy or in electronic form. before signing this Authority. as provided in this Authority.14 ”Vendor’s price” means a price equal to or greater 1. (b) to enable us to promote our services and seek out potential clients. holding. Y 10. sale.3.11 For the purposes “purchaser” of GC means the1. before signing this Authority.2 “deposit moneys” “Agent” means thehas the same Agent named meaning as definedofin in the Particulars purchaser would be entitled to an award of damages.com. Propertyto update was or seek available correction for purchase ofas A your personal Appointment. placards. or if it is appropriate in the circumstances. has come to an end.1 an offer at the Vendor’s price and on the terms until the expiry of the number of days specified in the 1. Vendor and the purchaser. and 5:00 pm Monday to Fridayintroduced (excludingto public holidays)by the Property tothe provide Agentaccess if theto you. whether or not the Property is sold.2 an enforceable contract of sale signed by the 1. individual.5 “Exclusive to an actPeriod” Authority of Parliament means the includes periodan act set out in the Particulars of Appointment which would Particulars of Appointment.au this Authority Ltd to enable either or both to collect and/or disseminate details of the sale of real estate. an incorporated association. if your property is sold. For 1. and continuing result in an enforceable contract of sale. primary purpose and secondary purposes set out below. using. Act 1980.com.1 and GC 1. a person will be deemed to have been We1. other person acting as your agent. Our contact details are on the first page of a this Authority.2 "enforceable a contract is sold.au Ltd to enable any or all of them to collect and/or disseminate details of the sale of real estate.4 “deposit moneys”pricehas stated in themeaning the same Particulars as of defined in commencing on the date of this Authority and continuing Appointment. or 1. Item 10. We are unlikely to disclose your personal information to overseas recipients. 10.3. Sydney NSW and or result in an enforceable contract of sale.16 If the Agent or the Vendor comprises more than 10082012 Particulars of Appointment.2 Marketing Expenses incurred during the period of this Authority must be paid. 1. in connection with performing our role as your estate agent. their respective obligations are joint and 1.1We an will offerpromptly at the Vendor’s considerprice yourand on the terms that were it inconnected to the Agent in unable any way.3.6the “GST” means Vendor and the goods andwith exchanged services tax payable the purchaser. hearing. In this Authority by an orityfor order unless otherwise specific required performance by the and/or context upon the 1. For the purposes of GC 1. L 10. or in person appropriate circumstances to your attorney under 1.1would be entitled “Act” means to an Agents the Estate award of damages. may complain to us by letter.3.5 1. bank account details.7 “introduced Victoria or the REIV or the both of them in connection with thetosale theofProperty” meanscomplying your property.3. a corporation and The main consequences Vendor for you if all or part of your personal information and the purchaser. “Vendor’s price” has the meaning in GC 1. Vendor acknowledgements The Vendor acknowledges: 10.2 an enforceable contract of sale signed by the Services Tax) Act 1999. we collect your personal information and will use it. L The main consequence for you if all or part of your personal information is not provided is that we The primary purpose is: acting for you in relation to or in connection with the sale of your property and the finalization of your may not be able to act for you and/or effectively perform our role as your estate agent. providing inform details us your of the consent sale of the and is terminated. responding to enquiries received Definitions from Consumer andAffairs interpretation: 1. 19082014 in accordance with the A New Tax System (Goods and one person. Our contact details are on the first page of this Authority. Your consent will continue until you. Our contact details appear in thisProperty other literature referring to the availability of the 1. under or 1. debit card details or both and if appropriate or required. or both.3. address.1 the offer must be in 1.3consider “bindingwe have offer” breached the Australian Privacy Principles you. 8 “Marketing Expenses” means the advertising and the deposit moneys held by the Agent. The Vendor agrees to promptly ratify and confirm the P 1. When this Authority ends. including GST. the Vendor appoints the Agent as the Vendor’s attorney under power to direct and 1. If required by the Agent. Unless otherwise stated in the Particulars of Appointment.10 “professional fees” means the total of the commission 8. from 1. The interest will be Vendor of the obligation to pay the Agent’s professional fees. their respective obligations are joint and reasonably be required by the Vendor. the deposit moneys to the Vendor’s legal practitioner or 1. request. on demand. taxes required to be deducted by law. Without limiting the generality of the deposit moneys an amount equal to the Agent’s Y of the foregoing. or 6.9 “person” includes a natural person. the Vendor will pay the professional fees properly 1. An agreement of the Vendor and purchaser to cancel a balance owing from time to time) calculated from the due contract of sale or the ending of a contract of sale as a result date for payment to and including the day on which the of a default of the Vendor or Purchaser does not relieve the unpaid money is paid in full. professional fees properly incurred and state and federal 1. If while a stakeholder the Agent is requested to transfer Services Tax) Act 1999. if demanded. and state and federal taxes expended or payable. then interest at the rate fixed a contract of sale which contains terms of sale agreed to by from time to time under section 2 of the Penalty Interest the Vendor. the Vendor will take all reasonable steps in respect of an acquisition from a third party to which to recover any unpaid deposit from the purchaser and/or any the Agent is entitled to an input tax credit. if demanded.14 ”Vendor’s price” means a price equal to or greater the Vendor will pay the maximum amount of Marketing than the Vendor’s price stated in the Particulars of Expenses to the Agent on the signing of this Authority and in any event the Marketing Expenses will be payable on written M Appointment. conveyancer or legal practitioner. 1. paid. Rates Act 1983 will be charged on the unpaid money (or the 12.12 “REIV” means The Real Estate Institute of Victoria Ltd taxes required to be deducted by law. hearing.15 A reference to an act of Parliament includes an act the Vendor with an itemised list of the Marketing Expenses amending or superseding the act referred to.13 “sold” is the result of obtaining a binding offer and power of attorney. If the Property is sold and no deposit moneys are held by O Appointment. If the Vendor fails to pay the Agent any moneys due under this Authority within 30 days of receipt of the Agent’s invoice 11. the amount for other person who may be liable for payment of the deposit payment or reimbursement or contribution will be the GST and to pay the professional fees from the sum of the deposit exclusive value of the acquisition by the Agent plus the GST paid or recovered. or reading an advertisement sale of the Property.11 “purchaser” means the person to whom the Property authorise the conveyancer or legal practitioner to pay the L is sold. including GST. placards. 10. in a form acceptable to the Agent’s legal Agent’s Copy 19082014 Page 4 of 4 . a person will be deemed to have been commission and/or Marketing Expenses that the Agent is introduced to the Property by the Agent if the person then or will become entitled to and any other moneys that L became aware the Property was available for purchase as Agent is or will become entitled to by law in relation to the a result of viewing.7 “introduced to the Property” means the person was conveyancer or to another estate agent acting on behalf made aware the Property was available to purchase of the Vendor. Agent. by law. If the purchaser does not complete the purchase and or contribute to an amount paid or payable by the Agent S forfeits the deposit. The Vendor irrevocably authorises the Agent to deduct other literature referring to the availability of the Property N the professional fees properly incurred and state and federal that were connected to the Agent in any way.6 “GST” means the goods and services tax payable practitioner. If this Authority requires the Vendor to pay or reimburse 2. individual. 4. of whatever nature or medium or any boards. the Vendor agrees the Agent may retain out irrespective of the source. the Agent. On the written request of the Vendor. 9. the Agent may sign (“the due date for payment”). to the [ACN 004 210 897]. The Agent will provide the itemised list at any other time that may A 1. 3.16 If the Agent or the Vendor comprises more than one person. in accordance with the A New Tax System (Goods and 5. payable in respect of that supply but only if the Agent’s recovery from the Vendor is a GST taxable supply. the Agent will provide 1. the signatory will procure the execution of a guarantee and indemnity in favour of the Agent by the directors of a Vendor that is a corporation or the committee members of a Vendor that is an incorporated association. including GST. “sale” and “sell” have corresponding meanings. 1. if requested. If deposit moneys are held in whole or part by the Vendor’s E and Marketing Expenses as duly authorised and expended. A person signing this Authority for or on behalf of the Vendor is personally responsible for the due performance of the Vendor’s obligations as if the signatory was the Vendor. a corporation and incurred and state and federal taxes required to be deducted an incorporated association. 1. other expenses of the Agent specified in the Particulars of 7. 1. paid. If the Property is sold and no deposit moneys are held by O Appointment. Rates Act 1983 will be charged on the unpaid money (or the 12. a person will be deemed to have been commission and/or Marketing Expenses that the Agent is introduced to the Property by the Agent if the person then or will become entitled to and any other moneys that L became aware the Property was available for purchase as Agent is or will become entitled to by law in relation to the a result of viewing. professional fees properly incurred and state and federal 1. placards. request. An agreement of the Vendor and purchaser to cancel a balance owing from time to time) calculated from the due contract of sale or the ending of a contract of sale as a result date for payment to and including the day on which the of a default of the Vendor or Purchaser does not relieve the unpaid money is paid in full. the Agent may sign (“the due date for payment”). conveyancer or legal practitioner. The Agent will provide the itemised list at any other time that may A 1. on demand. If this Authority requires the Vendor to pay or reimburse 2. their respective obligations are joint and reasonably be required by the Vendor.16 If the Agent or the Vendor comprises more than one person. If the Vendor fails to pay the Agent any moneys due under this Authority within 30 days of receipt of the Agent’s invoice 11. if demanded.13 “sold” is the result of obtaining a binding offer and power of attorney. in a form acceptable to the Agent’s legal Vendor’s Copy 19082014 Page 4 of 4 . “sale” and “sell” have corresponding meanings. in accordance with the A New Tax System (Goods and 5. If required by the Agent. the deposit moneys to the Vendor’s legal practitioner or 1. taxes required to be deducted by law. 4. If deposit moneys are held in whole or part by the Vendor’s E and Marketing Expenses as duly authorised and expended.8 “Marketing Expenses” means the advertising and the deposit moneys held by the Agent. a corporation and incurred and state and federal taxes required to be deducted an incorporated association. The interest will be Vendor of the obligation to pay the Agent’s professional fees. 10. or 6. the Agent.15 A reference to an act of Parliament includes an act the Vendor with an itemised list of the Marketing Expenses amending or superseding the act referred to. including GST. then interest at the rate fixed a contract of sale which contains terms of sale agreed to by from time to time under section 2 of the Penalty Interest the Vendor. and state and federal taxes expended or payable. The Vendor irrevocably authorises the Agent to deduct other literature referring to the availability of the Property N the professional fees properly incurred and state and federal that were connected to the Agent in any way.9 “person” includes a natural person. payable in respect of that supply but only if the Agent’s recovery from the Vendor is a GST taxable supply. if demanded. by law. of whatever nature or medium or any boards. the Vendor will pay the professional fees properly 1. The Vendor agrees to promptly ratify and confirm the P 1. A person signing this Authority for or on behalf of the Vendor is personally responsible for the due performance of the Vendor’s obligations as if the signatory was the Vendor. the Vendor appoints the Agent as the Vendor’s attorney under power to direct and 1. to the [ACN 004 210 897]. or reading an advertisement sale of the Property.7 “introduced to the Property” means the person was conveyancer or to another estate agent acting on behalf made aware the Property was available to purchase of the Vendor. 1. On the written request of the Vendor. the Vendor agrees the Agent may retain out irrespective of the source. 3. the signatory will procure the execution of a guarantee and indemnity in favour of the Agent by the directors of a Vendor that is a corporation or the committee members of a Vendor that is an incorporated association. 1.6 “GST” means the goods and services tax payable practitioner.12 “REIV” means The Real Estate Institute of Victoria Ltd taxes required to be deducted by law. the amount for other person who may be liable for payment of the deposit payment or reimbursement or contribution will be the GST and to pay the professional fees from the sum of the deposit exclusive value of the acquisition by the Agent plus the GST paid or recovered. if requested. the Agent will provide 1. 9. other expenses of the Agent specified in the Particulars of 7. the Vendor will take all reasonable steps in respect of an acquisition from a third party to which to recover any unpaid deposit from the purchaser and/or any the Agent is entitled to an input tax credit. individual.10 “professional fees” means the total of the commission 8.14 ”Vendor’s price” means a price equal to or greater the Vendor will pay the maximum amount of Marketing than the Vendor’s price stated in the Particulars of Expenses to the Agent on the signing of this Authority and in any event the Marketing Expenses will be payable on written M Appointment. Unless otherwise stated in the Particulars of Appointment. Without limiting the generality of the deposit moneys an amount equal to the Agent’s Y of the foregoing. including GST.11 “purchaser” means the person to whom the Property authorise the conveyancer or legal practitioner to pay the L is sold. If while a stakeholder the Agent is requested to transfer Services Tax) Act 1999. from 1. including GST. When this Authority ends. Agent. hearing. If the purchaser does not complete the purchase and or contribute to an amount paid or payable by the Agent S forfeits the deposit.
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