FM1130 Commercial Sales Agency Agreement_OLD

Commercial Sales Agency Agreement

Schedule
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agentLegalEntityagentAbnAcnagentRlaNoagentAddressagentNameagentMobileNumberagentWorkPhoneagentEmail
1. Vendor
Primary Vendor
Vendor 2
Primary Contact
Email
Address

Street 1

Street 2

SuburbState

Postcode
ABN/ACN (if applicable)
Telephone
Work
Telephone
Home
Telephone
Mobile
Telephone
Fax
The vendor gives the agent authority to serve documents and notices to the vendor using this email supplied or any other email as advised by the vendor in writing
2. Agent
Company Name/ Legal Entity
Company Representative
Address

Street 1

Street 2

SuburbState

Postcode
ABN/ACN (if applicable)
RLA No
Telephone
Work
Telephone
Mobile
Telephone
Fax
Email
3. Property
Address

Street 1

Street 2

SuburbState

Postcode
Council area
Zone
Certificate of Title Reference
Volume
Folio
Strata/Community Title No
Strata

N / A
Strata/Community Manager
Telephone
Multiple Titles - refer Annexure.Further description of Property - refer to Annexure
4. Sole / General Agency
Sole AgencyGeneral Agency
5. Term (Sole Agency)
Commencement Date

DayMonthYear
End Date

inclusiveThe conclusion of days after the
inclusive

DayMonthYear
days
Note: At the conclusion of the Sole Agency period, the Agency will continue as a General Agency until terminated by either party in writing.
6. Previous Agency
N / A
Previously listed for sale withThe Vendor has terminated the previous Sales Agency AgreementThe Vendor will terminate the previous Sales Agency Agreement forthwith
Sole AgencyGeneral Agency
Previously listed for sale with
Note: Failure to terminate the previous Sales Agency Agreement could result in the Vendor being liable to pay Professional Fees toboth the Agent and the previous agent
7. Vendor Advices
The Vendor
professional accounting advice on the GST and tax implications of this sale or has otherwise made itself fully aware of those implicationswill provide to the Agent a written copy of the professional accounting advice on the GST and tax implications of this sale by
will seek and obtain / has sought
Sale by

DayMonthYear
Vendor's Accountant
Legal Entity/Full Name
Telephone
Email
The Vendor advises that
the Property is tenanted and that tenants occupy % of the total spacethe Property is to be marketed as a “going concern” within the meaning of the GST Lawthe Margin Scheme is not to be applied to this sale unless otherwise instructed in writing by the Vendor prior to contractthe Property is to be soldthe Property is to be sold unless the Agent is otherwise instructed in writing prior to contract
Total Space
inclusive/exclusive of GST
inclusive/exclusive of GST
Note: The Agent is not qualified to provide advice on GST and other taxation issues relating to the sale of the Property. The Vendor must obtain independent professional taxation advice
8. Manner of Sale and Price
PRIVATE TREATY at the Price of as instructed by the Vendor, or such other price as the Vendor may specify in writingPUBLIC AUCTION at the Marketing Price Guide ofTender closingRegistration of Interest closingOther (Specify)
Price
amount ($)
including/excluding GST
Price Guide of
amount ($)
including/excluding GST
to be held at
other
on

DayMonthYear
Time

Hour Minutes

AM/PM Option
Tender closing date

DayMonthYear
Tender closing Time

Hour Minutes

AM/PM Option
Registration closing date

DayMonthYear
Registration closing Time

Hour Minutes

AM/PM Option
other (specify)
Note: The reserve price is to be specified in writing by the Vendor prior to the auction
The Reserve Price is
amount ($)
including/excluding GST
9. Preferred Settlement Period
Within days of the sale of the PropertyWithin days of all special conditions being satisfied (if any)Other (specify)
days
days
Other (specify)
10. Included Chattels
Not ApplicableRefer AnnexureSchedule to be providedAs described below
0/756
11. Excluded Chattels
Not ApplicableRefer AnnexureSchedule to be providedAs described below
0/756
12. Included Plant and Equipment
Plant, Equipment, Fixtures and Fittings
Unencumbered as at the date of this Agreement and to be sold to the Purchaser free of any encumbrances as at the Settlement Date

Not ApplicableRefer AnnexureSchedule to be providedAs described below
0/756
Encumbered Plant, Equipment, Fixtures and Fittings for Unencumbered Transfer
Included in the sale and to be transferred to the Purchaser free of any encumbrance as at the Settlement Date

Not ApplicableRefer AnnexureSchedule to be providedAs described below
0/750
Encumbered Plant, Equipment and Fixtures for Encumbered Assignment
Items to be assigned to the Purchaser at Settlement, subject to the existing encumbrances

Not ApplicableRefer AnnexureSchedule to be providedAs described below
0/756
13. Excluded Plant and Equipment
Excluded Plant, Equipment, Fixtures and Fittings
Excluded from the sale

Not ApplicableRefer AnnexureSchedule to be providedAs described below
0/500
Third Party Plant, Equipment, Fixtures and Fittings
Not owned by the Vendor and not included in the sale

Not ApplicableRefer AnnexureSchedule to be providedAs described below
0/500
14. Tenancy
Is sale subject to an existing tenancy

NoYesRefer Annexure for Tenancy Schedule
Managing Agent
Telephone
Tenant Name
Term

FixedPeriodic
Commencement Date

DayMonthYear
End Date

DayMonthYear
Commencement Date

DayMonthYear
Rent
month/annum
net/gross
including/excluding GST
Rent Amount
amount ($)
Security Bond
Security Bond Amount
amount ($)
Bank Guarantee
Bank Guarantee Amount
amount ($)
15. Vendor Disclosures
Building works done without necessary consents and approvals
None KnownRefer AnnexureAs described below
0/500
Encroachments or fences not on their true boundaries
None KnownRefer AnnexureAs described below
0/500
Breaches of the Strata Titles Act 1988, the Community Titles Act 1996 or by-laws
Not ApplicableNone KnownRefer AnnexureAs described below
0/500
Notices, orders or charges received but not yet complied with
None KnownRefer AnnexureAs described below
0/378
Contamination
None KnownRefer AnnexureAs described below
0/378
Asbestos Register
Note: The Work Health and Safety Act 2012 requires owners of buildings to maintain a register which details the type, condition and location of any asbestos.
YesRefer AnnexureNoTo be Prepared by
DayMonthYear
Other details relevant to the Property
None KnownRefer AnnexureAs described below
0/378
16. Professional Fee
Professional Fee

Fixed atCalculated as
Amount
amount ($)
including/excluding GST
Professional Fee

% of purchase priceOther (specify)
% of purchase price
amount ($)
including/excluding GST
Other (Specify)

0/154
17. Administration Fee
Administration Fee

Not ApplicableFixed at
Amount
amount ($)
including/excluding GST
Payable where

the Property has not been sold at the expiration of the Sole Agencythe Vendor withdraws the Property from salethe Property is sold and settledOther (specify)
Other (specify)
18. Insurance
The Vendor must effect and maintain the following insurance policies during the Term

Building/Property InsurancePublic Liability InsuranceOther (Specify)
other (Specify)
Note: The Vendor must hold appropriate insurance on the Property (see clause 4.1.5). Goods and chattels may not be insured during open inspections – please check with your insurer as to the status of your cover.
19. Marketing Plan
As attachedAs described below
The Vendor will pay the marketing expenses and prescribed inquiry costs shown below
State and Local Government Prescribed Inquiry charges
amount ($)
Advertising / Marketing
Print Media
Print Media amount
amount ($)
Electronic Media
Electronic Media amount
amount ($)
Photographs
Photographs amount
amount ($)
Signs
Signs Amount
amount ($)
Sketch / Floor plan
Sketch / Floor plan amount
amount ($)
Brochures / Leaflets
Brochures / Leaflets amount
amount ($)
Auctioneer's Fees
Auctioneer's Fees amount
amount ($)
Other
Other amount
amount ($)
Other
Other amount
amount ($)
Other
Other amount
amount ($)
including/excluding GST
Total
amount ($)
20. Expenses
Advance payment for Expenses
amount ($)
including/excluding GST
Payable by the Vendor into the Trust Account of the Agent no later than
Payable date

DayMonthYear
Expenses Limit
amount ($)
including/excluding GST
Applicable to

Term of the Sole AgencyFor initial marketing period expiring on
Expiring on

DayMonthYear
21. Payment of Expenses
The Vendor’s Expenses will be paid

In advance, upon signing this AgreementWithin 7 days of an account from the AgentWith any balance owing payable at Settlement.
22. Additional Conditions
Not applicableRefer AnnexureAs detailed below
0/375
23. Disclosure of Agent's Benefits
None KnownRefer Form R2 attached
Note: A benefit includes a rebate, discount, refund or some other benefit the Agent or another person will receive, or expects to receive from any third party in connection with the sale or purchase of the Property
uniqueSubmissionReference
Should be Empty:

Commercial Sales Agency Agreement

1. Vendor

2. Agent

3. Property

4. Sole / General Agency

5. Term (Sole Agency)

6. Previous Agency

7. Vendor Advices

The Vendor

Vendor's Accountant

The Vendor advises that

8. Manner of Sale and Price

9. Preferred Settlement Period

10. Included Chattels

11. Excluded Chattels

12. Included Plant and Equipment

Plant, Equipment, Fixtures and Fittings

Encumbered Plant, Equipment, Fixtures and Fittings for Unencumbered Transfer

Encumbered Plant, Equipment and Fixtures for Encumbered Assignment

13. Excluded Plant and Equipment

Excluded Plant, Equipment, Fixtures and Fittings

Third Party Plant, Equipment, Fixtures and Fittings

14. Tenancy

Rent

Security Bond

Bank Guarantee

15. Vendor Disclosures

Building works done without necessary consents and approvals

Encroachments or fences not on their true boundaries

Breaches of the Strata Titles Act 1988, the Community Titles Act 1996 or by-laws

Notices, orders or charges received but not yet complied with

Contamination

Asbestos Register

Other details relevant to the Property

16. Professional Fee

17. Administration Fee

18. Insurance

19. Marketing Plan

Advertising / Marketing

20. Expenses

21. Payment of Expenses

22. Additional Conditions

23. Disclosure of Agent's Benefits