Conjunction Agreement (03.02.12)

BLACK = Old Item/Clause | RED = New Item/Clause | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

03 Feb 2012 v1.2

Additions / Changes:

Item 1

LISTING AGENT *(Where the Agent trades as a corporation, include the corporation’s licence number)

Company Name: ................................................................................................................................

Trading As: …………………………………………………………………………………..………………………….

Address: .........……..............…….............................................................. ACN:.................................

...............................................................………………….…….…. ABN:….............................

Phone: .......................................... Fax: .................................................. Mobile: .........….................

Email: ....................................…………………………………………………………………………………..….

Licence Number/s*: …………………………………………………………..…. GST Registered: Yes/No

Item 2

CO – AGENT *(Where the Agent trades as a corporation, include the corporation’s licence number)

Company Name: ................................................................................................................................

Trading As: …………………………………………………………………………………..………………………….

Address: .........……..............…….............................................................. ACN:.................................

...............................................................………………….…….…. ABN:….............................

Phone: .......................................... Fax: .................................................. Mobile: .........….................

Email: ....................................…………………………………………………………………………………..….

Licence Number/s*: …………………………………………………………..…. GST Registered: Yes/No

Item 6

Inspection Conditions:

Selling Fee: ………….…………………………………………………………………………………… (Incl. GST)

Conjunction Arrangement:

The Listing Agent will pay the Co-Agent’s apportionment of Commission upon Settlement of the Contract of Sale and upon receipt of such monies will supply the Listing Agent with a tax invoice for the full amount.

Item 7

SIGNATURE (Co-Agent to sign and return to Listing Agent)

Note: the Licensee for each Agency should sign this form

Signature of Listing Agent Signature of Co-Agent

_________________________ _________________________

Date: ___/___/______ Date: ___/___/______

S33(1) of the Property Stock and Business Agents Act 2002 states a licensee must not enter into an arrangement with or act in conjunction with a person that the licensee knows to be an unlicensed person (other than an employee in the licensee’s business as a licensee) whereby the unlicensed person is entitled to a share of the commission, fee, gain or reward payable to the licensee in respect of any transaction by or with him or her as a licensee or generally.

S34 (1) An agreement between licensees to share any commission, fee, gain or reward paid or payable to a licensee in respect of any services performed by him or her as a licensee is unenforceable unless the agreement is in writing, is signed by the licensees and contains such terms (if any) as may be prescribed by the regulations.

Clause 7

With respect to this Conjunction Agreement, the following Sections of the Property Stock and Business Agents Act 2002 apply to this Agreement:

(1)	Section 33(1) - a licensee must not enter into an arrangement with or act in conjunction with a person that the licensee knows to be an unlicensed person (other than an employee in the licensee’s business as a licensee) whereby the unlicensed person is entitled to a share of the commission, fee, gain or reward payable to the licensee in respect of any transaction by or with him or her as a licensee or generally.
(2)	Section 34(1) - An agreement between licensees to share any commission, fee, gain or reward paid or payable to a licensee in respect of any services performed by him or her as a licensee is unenforceable unless the agreement is in writing, is signed by the licensees and contains such terms (if any) as may be prescribed by the regulations.

18 Mar 2011 v1.1

Additions / Changes:

Item 3

Selling Price: ........................................................... (including GST where applicable)

Item 5

Name/s: ...............................................................................................................................

Phone: ...................................Fax: ...................................Mobile: .......................…..............

Email: .......................................……...………………………………………………………....………

Item 6

Clause 3.3

The Listing Agent warrants that they have full authority under their Agency Agreement to enter into this Conjunction Agreement.

Clause 5

5.1	The Co-Agent may collects and uses personal information provided by the Vendor to provide the services to the Vendor or on the Vendor’s behalf and may, subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such personal information to:
	(1)	potential buyers; and/or
	(2)	data collection agencies; and/or
	(3)	Owner’s Corporations & financial institutions; and/or
	(4)	other third parties as may be required by the Co-Agent for the purposes of marketing, sales promotion, administration and complying with legislative and regulatory requirements.
5.2	Without provision of certain information the Co-Agent may not be able to act effectively or at all on the Vendor's behalf.
5.3	The Vendor has the right to access request the Co-Agent provide details of such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information. provided and also do all things reasonably necessary to amend or remove any inaccurate or out of date information.

Clause 6

The parties agree and confirm documents may be forwarded electronically if the recipient has provided an email address or facsimile number, for delivery or service of documents, in the Item Schedule to this Agreement.

By signing this Agreement all parties acknowledge agree to having given prior approval in accordance with the Electronic Transactions Act 2000 No. 8, for electronic transmission of this Agreement and any other related documents agreements for signing purposes or otherwise, by such means of communication as have been indicated in this document (ie. Facsimile numbers and email addresses).