Additions / Changes:

Clause 1.1(2)

Duty Holder: has the meaning given to it under Chapter 3 of the Work Health and Safety Regulation 2011.

Clause 6

The Agent having complied with its obligations under this Agreement, the Principal indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement in respect of:

Clause 10

Work Occupational Health & Safety

Additions / Changes:

Item 3

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

Name: ...........................................................................................................................................

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

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

Phone: ..(….)……………………….. Fax: ..(…..)…………………….…. Mobile: ……………………………..

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

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

Clause 7.6

Unless otherwise stated, all prices of goods and services under this Agreement include (where applicable) GST.

Clause 11

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

Clause 14.2(4)

other third parties as may be required by the Agent for the purposes of marketing, sales promotion and administration relating to the use of the Agent’s products and services and complying with legislative and regulatory requirements.

Clause 14.4

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the right to access such personal information and may require correction or amendment of any inaccurate, incomplete, out of date or irrelevant information.

Additions / Changes:

Item M

A signed copy of this Agreement must be served, by the Agent, on the Principal within 48 hours after signing by the Principal. If a copy was given at the time of signing, the Principal(s) confirm having received such copy by initialing.

The Principal acknowledges having received a copy of this Agreement together with a copy of the Sales Inspection Report.

__ Copy received by the Principal(s):   Date received: …./…./…. Principal(s) initials: ……………………

Clause 14

Additions / Changes:

Item 4.2

Included Items included in the sale of the Property:

Other: ………………………………………….…………………………………………………………………

Item J

Note

The Special Conditions are inserted under instruction from a party to this Agreement and where not prepared by that party, were prepared by an Australian Legal Practitioner and not the Agent. No warranty is given by the Agent. Legal advice should be sought.

Item L

The Principal acknowledges having received a copy of this Agreement together with a copy of the Sales Inspection Report.

Item M

The Principal acknowledges having received a copy of this Agreement together with a copy of the Sales Inspection Report.

__ Copy received by the Principal(s):

Date received: …./…./….    Principal(s) initials: ……………………

Clause 11

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

Additions / Changes:

Clause 7.1

The Principal acknowledges the Agent is entitled to Commission if during the Agency Period (Item A) the purchaser is effectively introduced by the Agent, by effectively introducing a prospective purchaser, is the effective cause of the Property being sold, regardless of whether the sale occurs after the termination of this Agreement.

Additions / Changes:

Clause 7.1(b)

a binding contract is entered into pursuant to Clauses 7.1(a) and not completed due to the default of the Principal.

Clause 7.2

Should a binding contract be entered into but not completed due to:

the Principal agrees the Commission is payable to the Agent forthwith. Provided however, where Clause 7.2(c) applies, Commission will remain due but monies payable shall (subject to the Seller’s rights to claim damages for breach of contract) be limited to the receipted deposit monies.

Additions / Changes:

Clause 1.1(4)

Material Fact: A Material Fact has, where used in this Agreement, the meaning given to it by Section 52 of the Act.

Clause 7.7

The parties acknowledge Section 36 of the Act provides that an application to review a statement of claim or itemized account may be made to the Tribunal under the Consumer Claims Act 1998 by the Principal. If such application is not made within 28 days of a statement of claim or itemized account being served upon you, the licensee may commence action for recovery.

Additions / Changes:

Item K

The Principal acknowledges having received a copy of this Agreement together with a copy of the Sales Inspection Report.

This Agreement must include a copy of the Sales Inspection Report prepared by the Agent and given to the Principal under Clause 2 of Schedule 2 of the Regulations to the Act.

Clause 4.1

The Agent is authorised and directed, by the Principal, to disclose all relevant and material facts in relation to the Property.

Clause 4.2

The Agent must, in compliance with Section 52 of the Act, not make any promise that is false, misleading or deceptive or conceal any material facts.

Clause 5.1

The Principal has at the time of entering into this Agreement disclosed to the Agent all relevant and material facts about the Property and has not provided information that is or is likely to be misleading or deceptive.

Clause 5.3

There is a positive obligation on the Principal to disclose relevant and material facts. Any failure to disclose information known to the Principal which may detract from this sale will be a breach of this Agreement.

Clause 6

The Principal indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of this Agreement in respect of:

This means The Agent will be indemnified by the Principal in respect of for such actions, claims, demands, losses, costs, damages and expenses so arising out of this Agreement or resultant upon any act, omission or negligence on the part of the Principal.

Additions / Changes:

Clause 5.3

There is a positive obligation on the Principal to disclose relevant facts.  Any failure to disclose information known to the Principal which may detract from this sale will be a breach of this Agreement.

Additions / Changes:

Clause 10

Additions / Changes:

Item B

(The Agent's Commission is based on the GST inclusive/exclusive selling price)

Clause 6(e)

the Agent incurring legal costs of employing the services of a credit collection agency to recover unpaid debts.

Clause 13

Additions / Changes:

Item G

The Agent is / is not authorised to conjunct with other agents for a Conjunctional Sale of the Property for the duration of this Agreement. If so Commission is:

Commission Apportionment as a %: (If not completed Commission will be apportioned equally)

Appointment Agent: ...........................  Conjuncting Agent: ..................................

Additions / Changes:

Clause 4.10

Should the Agent have a relevant interest in the sale of the Property, no advertisement relating to the sale of the Property shall be published unless the relevant interest is disclosed in the advertisement in accordance with Section 50 (2) of the Act.

Many of the changes are due to this form being reformatted. Only the major changes appear below.

Additions / Changes:

Item 5

5.1 Price the Property is to be listed at: ........................................ (incl. GST if applicable)

5.2 Estimated Selling Price Range: $ ............... to $ ................

5.3 Most suitable method of Sale: ................................................................................

Item 7

See Items (D) and (E) for special instructions about showing and marketing of the Property.

Item 8

The Agent must, in accordance with Clauses 1 and 2 of Schedule 2 of the Regulations to the Act:

Item A

This Agreement (Agency Period) commences on ............................. and concludes when the Property is sold or terminated in writing by either party. Such termination will be without prejudice to either parties existing rights, duties or obligations. by notice in writing by either party.

Item B

9.1 Price  the Property is to be listed at: ......................... q (incl. GST)

9.2 The Agent shall be entitled to a fee of ........................ % (incl. GST)

9.3 The Agent’s remuneration is based on the GST inclusive/ GST exclusive Selling Price

9.4 Based on the Agent’s maximum estimated selling price (Item 5.1) the fee would be ................ (incl. GST)  (Note: this amount will vary based on the actual sale price of the Property).

Item G

The Agent is / is not authorised to conjunct with other agents for a Conjunctional Sale of the Property for the duration of this Agreement. If so Commission is:

Commission Apportionment as a %: (If not completed Commission will be apportioned equally)

Appointment Agent: ...........................  Conjuncting Agent: ..................................

Item I

¨ Principal’s Details  or  ¨ Seller’s Details  (please tick)

Bank: .......................................... Branch: ...........................................

BSB No.: ......................... Account No.: ...............................................

Account Name: ....................................................................................

Item L

This Agreement must include a copy of any Sales Inspection Report prepared by the Agent and given to the Principal under Clause 2 of Schedule 2 of the Regulations to the Act. or the Property, Stock and Business Agents Regulation 2003.

Clause 1.1(3)

Item: an Item in the Item Schedule forming part of this Agreement.

Clause 1.1(4)

Property: the land and improvements thereon the subject of this Agreement (as described in Item (4)).

Clause 2

The Principal warrants it is the owner of the Property and has full authority to enter into this Agreement.

By signing this Agreement the Principal(s) warrants and confirms:

Clause 3

In consideration of and in accordance with the terms of this Agreement, the Principal appoints the Agent and its permitted Assigns to sell the Property for the Principal and the Agent agrees. and the Agent agrees to sell the Property for the Principal. Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees.

Clause 4

The Agent does not represent itself as a financial or investment advisor.

Clause 4.3

Clause 4.8

This Agreement does not authorise the Agent to contract on behalf of the Principal with respect to the Property.

Clause 5.3

By completing Item (2) of the Item Schedule the Principal confirms it has authorised and instructed the Solicitor or Conveyancer named therein to act on their behalf and to:

Clause 6

The Principal indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Agreement in respect of from:

This means the Agent will be compensated by the Principal for such actions, claims, demands, losses, costs, damages and expenses so arising. in respect to this clause.

Clause 7.1

The Principal acknowledges the Agent is entitled to Commission during the Exclusive Agency Period (Item 8) if:

Clause 7.2

The Commission as detailed in Item (B) of the Item Schedule will be payable on settlement of the Sale, or if Clause 7.1(b) applies, on demand. The Agent will be entitled to the Commission if a contract of sale is entered into and not completed due to the default of the Principal.

Clause 7.3

The Agent is entitled to remuneration/reimbursement for Fees for services and remuneration of Expenses (including any taxes or deductions debited by financial institutions against the Agent’s account and attributable to the affairs of the Principal) in the amounts as set out in Items (B) and (C) respectively, for the execution of services under this Agreement. incurred while executing the services under this Agreement including any taxes or deductions debited by banks or other financial institutions against the Agent’s account and attributable to the affairs of the Principal.

Clause 7.4

The services and amounts detailed in this Agreement cannot be varied except with the without Agreement in writing signed by the parties. Principal.

Clause 7.5

All prices of goods and services under this Agreement include GST.

Clause 7.6

Failure to comply with the Act, Regulations or this Agreement may result in penalties against the Agent and prevent the Agent from recovering Commission and other monies under this Agreement.

Clause 8

Clause 9

The Agent is entitled to retain any Rebates, Discounts and/or Commissions in connection with services performed by the Agent in the capacity of the Agent for or on behalf of the Principal as disclosed in Item (F).

Clause 11

Each party has received a signed copy of and understands this Agreement or has had the opportunity to obtain professional advice with respect to the Agreement and each party acknowledges it is bound by the terms of this Agreement.

Clause 12

Any Special Condition to this Agreement shall form part of this Agreement. Should there be inconsistency between the terms of this Agreement and a Special Condition, the Special Condition shall apply.

Additions / Changes:

Item 2

Solicitor/Conveyancer: .....................................................................

Company: ......................................................................................

Item 9

9.3 The Agent's remuneration is based on the GST inclusive/GST exclusive Selling Price

Item 14

The Agent is authorised to allow a purchaser to inspect the Property according to the following instructions (unless the Principal instructs otherwise):

Clause 5.4

By completing Item (2) of the Item Schedule the Principal authorises and instructs the Solicitor or Conveyancer named therein to act on their behalf and to:

Additions / Changes:

Item 7

Items (1) to (6) make up the inspection report required by the Act and has been completed by the Agent in Item (3).

Clause 2

In consideration of and in accordance with the terms of this Agreement, the Principal appoints the Agent and its permitted Assigns, and the Agent agrees to sell the Property for the Principal. Authority vested in the Agent by this appointment shall be deemed to be vested in the Agent’s authorised employees.

Clause 5.1

The Principal has at the time of entering into this Agreement disclosed to the Agent all relevant facts about the Property and has not provided information that is or is likely to be misleading or deceptive.

Clause 6

The Principal indemnifies the Agent from and against all actions, claims, demands, losses, costs, damages and expenses arising out of or in respect of this Agreement from:

This means the Agent will be compensated by the Principal for such actions, claims, demands, losses, costs, damages and expenses in respect to this clause.

Clause 9

By signing this Agreement all parties 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 agreements, for signing purposes or otherwise, as far as such means of communication have been indicated in this document (ie. Facsimile numbers & email addresses).

Clause 10

Additions / Changes:

Clause 8

The Agent collects and uses personal information obtained from you as Principal to provide the services required by you or on your behalf. You as Principal agree the Agent may collect, use and disclose such personal information in accordance with and subject to the Privacy Act 1988 (CTH) to third parties for (where applicable) marketing, and sales promotion and administration and as required for legislative and regulatory requirements and relating to promotion administration and use of the Agents products and services. Without provision of certain information the Agent may not be able to act effectively or at all on the Principal's behalf. The Principal has the right to request the Agent provide details of such information and also correct any inaccurate or out of date information.