Additions / Changes:

Clause 1.1(5)

Expenses: any cost or charge incurred by the Agent (including in respect of advertising or marketing) in carrying out the Agent’s obligations under this Authority. less any rebate, discount, commission or other benefit received by the Agent in respect of such Expenses.

Clause 7.3

The Selling Fee will be calculated on the actual price the Property is sold for (Selling Price) notwithstanding such Selling Price may be greater or less than the Vendor’s Sale Price set out in Item (4).

Clause7.6

The Vendor acknowledges before entering into this Authority that the Agent has provided a printed guide to the Agent’s Fees and Commissions and to the Expenses for which the Agent will require to be reimbursed.

Clause 7.12

The parties agree a Buyer will have been introduced to a property where the Agent has been a source of information with respect to bringing to the attention of a Buyer that such property is available for purchase.

Clause 11

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 Authority.

Additions / Changes:

Item 10

The Vendor confirms, prior to signing this Authority, the Agent advised that Expenses and Commission payments were subject to negotiation.   Vendor’s Initials: ……………………..

Item 13

'INTEREST PAYABLE BY VENDOR ON OVERDUE MONIES' item removed

Item 15

'GST ON SALE' item removed

Item 14 Note

The Special Conditions are inserted under instruction from a party to this Authority 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.

Clause 1.1(5)

Expenses: any cost or charge incurred by the Agent (including in respect of advertising or marketing) in carrying out the Agent’s obligations under this Authority, less any rebate, discount, commission or other benefit received by the Agent in respect of such Expenses.

Clause 4.4

Where authorised in writing to do so by the Vendor, the Agent may:

Clause 7.3

The Vendor authorises and directs the Selling Fee and Expenses (including taxes and GST if applicable) to be paid to the Agent by the person holding the deposit monies or other monies due under the contract for the sale of the Property, be that the stakeholder or other person as provided herein. The Authority shall be sufficient authority and discharge for such payment.

Clause 8

Any monies payable under this Authority by the Vendor to the Agent (or any judgment given in respect of this Authority) not paid when due will attract Interest from the due date for payment, to the date of payment at the rate prescribed by the Attorney General in accordance with the Penalty Interest Rates Act 1983. in Item (13).

Clause 11

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

Clause 14

Additions / Changes:

Item 7

Note

Note: Terms must not be unfair, refer Schedule 1, Part 2-3 of the Competition and Consumer Act 2010 (Cth).

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 Authority.

Additions / Changes:

Item 15

In most cases GST is not applicable to the sale or purchase of real property for residential purposes however, should the transaction be known to be subject to GST tick one of the options below:

Additions / Changes:

Item 3.1

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

Real Property Description: ……………………………………………………………………………………

Item 4

Note: Vendor should obtain independent advice

Item 6

This Authority will commence on the date of signing and can be is effective from ...../...../.... and can be terminated thereafter in writing by either party on the giving of not less than ………………. days notice. Such termination will be without prejudice to either parties existing rights, duties or obligations.

Clause 7.1(b)

a binding sale contract is entered into pursuant to or in accordance with Clause 7.1(a) and not completed due:

Clause 7.2

The Agent will be entitled to the Selling Fee, as detailed in Item (8), on settlement of the sale or within 7 days of the Vendor’s default as provided in Clause 7.1(b).

Clause 10

In the case of default by the Buyer in not completing the purchase the Vendor will pay the Agent’s Fees, and/or Expenses and to do so may utilize any forfeited or recovered deposit monies. Should any balance Fees and/or Expenses remain unpaid thereafter, the Vendor shall pay same in accordance with this Authority. and in so doing will do all such things as may be reasonably necessary to recover such monies.

Additions / Changes:

Item 17

By signing this Authority:

Clause 2.1(5)

the Vendor’s attention has been drawn to Clause 13 relating to Dispute Resolution.

Clause 11

By signing this Authority all parties acknowledge having given prior approval in accordance with the Electronic Transactions (Victoria) Act 2000, for electronic transmission of this Authority and any other related documents, for signing purposes or otherwise, by as far as such means of communication as have been indicated in this document (ie. Facsimile numbers & email addresses).

Clause 13

In compliance with the Estate Agents (Professional Conduct) Regulations 2008 the Agent has in place procedures for resolving complaints and disputes arising from the operation of the Agent’s estate agency practice. If a complaint is made the Agent will advise the dispute resolving procedures. The Agent will make every effort to minimize or resolve disputes relating to the Agent’s performance.