5B.1. The Professional Fee is immediately payable by the Vendor to the Agent:
5B.1.1. upon completion of the sale of the Property; or
5B.1.2. in the case of clause 5B.2.4 or clause 5B.2.7, immediately upon written notice to the Vendor 5B.1.2 by the Agent.
Circumstances where Professional Fee is payable
5B.2. The Vendor must pay the Professional Fee where:
5B.2.1 the Agent effects the sale of the Property; or
5B.2.2 during a Sole Agency the Vendor enters into a contract to sell the Property not withstanding that the purchaser may not have been introduced by, or sourced by, the Agent; or
5B.2.3 subject at all times to clause 5B.3.2, the Agent introduces or otherwise procures a purchaser and the Vendor enters into a contract (including an option to purchase) for the sale of the Property with that purchaser within six (6) months from the date the Agent introduced that purchaser to the Property. For the purpose of this clause 5B.2.3, the purchaser includes the purchaser’s assignee or nominee; or
5B.2.4 a contract for the sale of the Property is effected by the Agent and entered into by the Vendor, and that contract is terminated due to the breach, default or unwillingness of the Vendor; or
5B.2.5 the Vendor is a Body Corporate, and a contract for the sale of the Property through the purchase of an interest in the Body Corporate is effected by the Agent and entered into by the Vendor or shareholders of the Vendor (as the case may be); or
5B.2.6 the Vendor is the trustee of a trust and the Property is trust property, and a contract for the sale of a beneficial interest in the trust is effected by the Agent and entered into by the Vendor;
5B.2.7 subject at all times to clause 5B.3.2, the Agent procures an unconditional contract for the sale of the Property containing a price offer for the Property at or above the Vendor Price, or, in the case of auction, at or above the Vendor’s reserve price, or, such other price as may be agreed by the Vendor in writing and, the Vendor refuses to enter into that contract.
Circumstances where Professional Fee is not payable
5B.3. The Vendor is not liable to pay the Professional Fee to the Agent where:
5B.3.1 if more than one general agency exists, the contract for sale and purchase of the Property is procured or effected by another registered agent (as defined under the Land Agents Act 1994);
5B.3.2 the Vendor has, following expiration or the termination of the sole agency agreement, entered into a new sole agency agreement with another registered agent (as defined under the Land Agents Act 1994).