Exclusive Selling Appointment of Agent (Residential) - AUWAREPS001

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

 

02 Apr 2012 v1.8

Additions / Changes:

 

Item 13.2

Smoke Alarms: are installed on the Property in accordance with the Building Regulations 2012: _Yes _No

{Owners of all houses and units (domestic dwellings) being sold or rented in Western Australia must install and maintain smoke alarms in compliance with Section 60(2) of the Building Regulations 2012 as amended.}

 

Clause 12

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 Appointment.

 

01 Jan 2012 v1.7

Additions / Changes:

 

Item 13.2

Smoke Alarms: are installed on the Property in accordance with the Building Regulations 2011: _Yes _ No

{From the 1st October 2009 Owners of all houses and units (domestic dwellings) being sold or rented in Western Australia must install and maintain smoke alarms in compliance with Section 59(2) of the Building Regulations 2011 as amended.}

 

14 Nov 2011 v1.6

Additions / Changes:

 

Item 1

VENDOR   (Must be The registered proprietors on the Certificate of Title or legally their properly appointed representative)

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

Legally Appointed Representative (if applicable): ……………………………………….……..……………………..

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

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

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

Basis of Lawful Authority: ………………………...…………………………………………………………………….

(eg. Owner of the Premises, appointed Power of Attorney or Enduring Power of Attorney, executor, mortgagee in possession or a person with an appropriate Court order)

If there is a Legally Appointed Representative, has a certified copy of the legal authority been received:

__ Yes  __ No

Identification Check: (to be completed for each owner or legally appointed representative & in the case of a corporate vendor, for each signing Director)

(1) 100 Points of ID check/s has/have been made as attached:  __ Yes  __ No

(2) In the case of a Corporate Vendor, ASIC company search obtained:  __ Yes  __ No

Note: (1)  Agent to retain copies of all identifying documents)

(2)  If 100 Points of ID check has not been completed, onus will be on the Agent to confirm the Vendor’s identity)

 

Clause 15.3

Documents or copies of documents provided to establish the identity of the Vendor or persons entitled to deal on behalf of the Vendor, will be retained by the Agent in accordance with the National Privacy Principles and will not be used for any other purpose than confirming the identity of such person/s.

 

01 Nov 2011 v1.5

Additions / Changes:

 

Item 1

VENDOR  (Must be the registered proprietors on the Certificate of Title or their properly appointed representative)Name/s: ……………..………………………………………………………………………..…………………………..

Business Name: ……………...…………………………………………..……………..………………………………

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

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

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

Basis of Lawful Authority: ………………………...…………………………………………………………………….

(eg. Owner of the Premises, appointed Power of Attorney or Enduring Power of Attorney, executor, mortgagee in possession or a person with an appropriate Court order)

 

Item 4

The Agent agrees to perform such services with due skill, care, skill and diligence.

 

Item 11.2

Description of Expense

(if insufficient room, attach schedule)

Amount & Method for Calculating

(eg. $ per hour)

(Amounts are inclusive of GST)

Monies Payable & Date Due

Vendor

Agrees

(Initial)

Agent’s Code of Conduct Article 17(2) - advertising costs (see Clause 6.5)

 

maximum of $ …………….....

 

 

 

Advertising/ marketing as per Item 11.1

 

maximum of $ …………….....

 

 

 

Clause 6.5

The Agent is entitled to reimbursement or payment of the Agent’s Code of Conduct Article 17(2) advertising costs where the Vendor has agreed to such reimbursement in Item (11.2) of the Item Schedule.

 

28 Sep 2011 v1.4

Additions / Changes:

 

Item 12

The Vendor may seek assistance from the Commissioner for Consumer Protection in relation to disputes as to the Selling Fee (Commission) or other valuable consideration to be received by the Agent.

 

07 Jul 2011 v1.3

Additions / Changes:

 

Item 12

The Vendor may seek assistance from the Commissioner REBA (Real Estate & Business Agents Supervisory Board) in relation to disputes as to the Selling Fee (Commission) or other valuable consideration to be received by the Agent.

 

22 Jun 2011 v1.2

Additions / Changes:

 

Item 2

Licensee: ..............………………………………………………………………………………………..…………

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

Business Address: .…………………………………………………………………………………………………..

Service of Documents Address: ...………………………………………..…………………………………………

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

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

Licensed: Real Estate & Business Agent/ Real Estate Agent/ Business Agent

 

Clause 6.11

Unless otherwise stated, all prices of Goods and Services under this Appointment, unless otherwise specified, exclude GST.

 

Clause 12

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 Appointment.

 

Clause 15

15.1

The Agent collects and uses personal information provided by obtained from you as the Vendor to provide the services required by you or on your behalf.

15.2

You as the Vendor agree the Agent may subject to the Privacy Act 1988 (CTH) (where applicable), collect, use and disclose such personal information to: in accordance with and subject to the Privacy Act 1988 (CTH) for (where applicable):

 

(1)

potential buyers (including sales agents) for the purpose of advising them of the Agent’s business or part thereof; and/or

 

(2)

data collection agencies; and/or

 

(3)

Strata Companies & financial institutions; and/or

 

(4)

other third parties as may be required by the Agent for the purposes of marketing, sales promotion, administration, facilitating, to the extent necessary, its obligations under Item (4) of the Item Schedule and Clause 4 of the Terms of Appointment and complying with legislative and regulatory requirements.

15.3

Without provision of certain information the Agent may not be able to act effectively or at all on the Vendor’s behalf.

15.4

The Vendor has the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.