• Rural Sales Agency Agreement

    Schedule
    Rural Sales Agency Agreement
  • 1. Vendor Information

  • Primary Vendor

  • Primary Vendor Address

  • Vendor 2

  • 2. Agent Information

  • Agent Address

  • 3. Property Information

  • Property Address

  • Property Details 1

  • Property Details 2

  • Property Details 3

  • Property Details 4

  • Property Details 5

  • Property Details 6

  • 4. Specific and Associated Matters Required

  • 4A. The Agent's genuine estimate of the selling price, expressed without any qualifying words or symbols as a single figure is (below 'amount') and is based upon the comparable market analysis as provided to the Vendor and/or attached to this Agreement;

  • 4B. The selling price sought by, or acceptable to, the Vendor, expressed without any qualifying words or symbols as a single figure is (below 'Vendor Price') and the preferred settlement period is (below 'Period');

  • 4C. The manner of the sale is

  • 0/125
  • 4D. Pricing representations for marketing

    Vendor acknowledges that the Agent is not permitted to advertise a likely selling price of the property that is less than the higher of the figures in 4A and 4B, and agrees the following

  • Note: The reserve price at auction (if applicable) must be specified in writing by the Vendor prior to auction.

  • 4E. This agreement is a

  • 4F. The duration of this Agreement (the "Duration")

  •  - -
  •  - -
  • At the conclusion of any Sole Agency period (if applicable), the Agreement will continue as a General Agency until terminated by either party in writing.

  • 4G. The rights of the Vendor to terminate this Agreement are as follows

    1. subject to 4H(b) below, this Agreement cannot be terminated unless termination is by written agreement between the parties and General Agency;
    2. where this Agreement is entered into as a result of the Vendor making an offer to purchase another property of the Agent, the Vendor may, during this Agreement, terminate this Agreement by written notice to the Agent within seven (7) days of rejection of that offer or lawful termination of any resulting contract; and
    3. a withdrawal from sale by the Vendor is permitted but such withdrawal does not constitue termination of this Agreement.
  • 4H. Expenses and Fees:

    1. Advertising and Promotional Expenses - The Vendor agrees to pay up to a maximum of (below 'amount') (inclusive of GST) towards the advertising, sign boards, printed material and promotions.
    1. Statutory Expenses - The Vendor agrees to pay up to a maximum of (below 'amount') (inclusive of GST) towards the other
      expenses to those referred to in clause 4H(a) above that are incurred by the Agent including Government and other Statutory searches. These searches include certificate of title and any associated documents, survey/strata plans (if applicable), and any other expenses.
    1. As per attached schedule
  • 4I. Payment of Expenses and Fees:

    1. The sum of (below 'amount 1') is paid now and is to be held in the Agent's Trust Account and will be used to pay the agreed Expenses and Fees referred to in clause 4H above as they arise from time to time and the sum of (below 'amount 2')
    1. As per attached schedule
  • 4J. The nature and source and, if known, the amount of value of any rebate, discount, refund or other benefit expected to be received by the Agent from a third person in relation to services under this Agreement is expressley acknowledged and accepted by the Vendor:

  • 4K. The Agent has authority to accept an offer by executing an agreement to sell the Propery on behalf of the Vendor

  • 5. Chattels

  • 5A. Included Chattels of Property:

  • 0/225
  • Excluded Chattels of Property:

  • 0/225
  • 5B. Payment of Professional Fee

  • 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).

  • 5C. Professional Fee (amount):

  • 0/260
  • 5D. The Agent warrants that it will comply with all the Agent's obligations under the Act and Regulations and will act in the Vendor's best interests.

  • 6. Other Miscellaneous Matters

  • 6A. Has there been a previous sales agency agreement for the property?

  • (if yes, has it been lawfully terminated in writing)

  • 6B. Is the property subject to an existing tenancies and/or lease(s) of land?

  • (if yes include attachment "Tenancy Annexure" for- further details or to be supplied at a later date)

  • 6C. GST

  • Note:

    The Agent is not qualified to provide advice on GST and other taxation issues relating to the sale or purchase of the Property.

    The Vendor or Purchaser must obtain their own independent taxation advice.

  • 6D. Vendor Disclosures in relation to Property:

  • 0/700
  • 6E. Vendor must effect and maintain the following insurance policies for the Duration of this Agreement:

  • 6F. Additional Terms & Conditions (if any) - the Parties agree to the following additional terms and conditions as specified:

  • 0/300
  • 6G. Detailed Property Schedule

  • Note: Approval of the Property Schedule shall not be unreasonably withheld by Vendor

  • 6H. Additional Annexures

  • Executed As An Agreement

  •  
  • Should be Empty: