FM5100 - Business Sales Agency Agreement

Business Sales Agency Agreement Schedule
1. Vendor (Business)
Primary Vendor Name
Vendor 2 Name
Vendor contact details
Street 1
Street 2
Suburb
State
Postcode
ABN (if applicable)
Telephone
Work
Telephone
Home
Telephone
Mobile
Fax
Email
Guarantor 1
Guarantor 2
2. Vendor (Real Property)
Vendor (Real Property)

Not Applicable
Primary Vendor Name
Vendor Name 2
Street 1
Street 2
Suburb
State
Postcode
ABN
if applicable
Telephone
Work
Telephone
Home
Telephone
Mobile
Fax
Email
Guarantor 1
Guarantor 2
Property Address

0/250
Certificate of Title Reference
Volume
Folio
3. Agent
ReadOnlySwitch

agentLegalEntityagentAbnAcnagentRlaNoagentAddressStreetagentAddressSuburbagentAddressStateagentAddressPostcodeagentNameagentMobileNumberagentWorkPhoneagentEmail
Company Name/Legal Entity
Company Representative
Street 1
Street 2
Suburb
State
Postcode
ABN
if applicable
RLA No
Telephone
Work
Telephone
Mobile
Fax
Email
4. Business
Name
Street 1
Street 2
Suburb
State
Postcode
ABN
if applicable
Telephone
Work
Telephone
Home
Telephone
Mobile
Fax
Email
4A. Other Business Assets
Other Business Assets

0/425
e.g. Vendor’s telephone and facsimile numbers, website or email addresses used in the conduct of the Business
5. Business Premises
Address

0/403
6. Gross Asking Price
Freehold
amount($)
Business
amount($)
Vendor’s Estimate of Stock at Valuation
amount($)
GST (if applicable)
amount($)
Total
amount($)
7. Sole / General Agency
Sole / General Agency

Sole AgencyGeneral Agency
8. Previous Agency
Previous Agency

Not ApplicableThe Vendor has terminated the previous Sales Agency AgreementAgency Type
Listed For Sale with
Note: Failure to terminate the previous Sales Agency Agreement could result in the Vendor being liable to pay Professional Fees to both the Agent and the previous agent.
* Delete as applicable
9. Term (Sole Agency)
Commencement Date

DayMonthYear
End Date

DayMonthYear
Note: At the conclusion of the Sole Agency period, the Agency will continue as a General Agency until terminated by either party in writing
10. Sale Method
Term (Sole Agency)

Private Treaty at the Gross Asking Price as instructed by the Vendor, or such other price as the Vendor may specify in writing
Public Auction
To be held at
on Date at

DayMonthYear
Hour MinutesAM/PM Option
Note: The reserve price is to be specified in writing by the Vendor prior to the auction
Tender
closing at

DayMonthYear
Hour MinutesAM/PM Option
Registration Of Interest
closing at

DayMonthYear
Hour MinutesAM/PM Option
Other (specify)
11. Preferred Settlement Period
Preferred Settlement Period

Within (below) days of executing the Business Sale ContractOther (specify)
12. Establishment Fee
Non-refundable
amount($)
including GST
13. Statutory Charges
Non-refundable
amount($)
including GST
14. Professional Fee
Professional Fee

Fixed at
Including GST
amount($)
Calculated at
(Including GST) of Total Purchase Price of BusinessOther (specify)
15. Option To Purchase Premises
Upon settlement of any Contract of Sale of the Premises contained in any option to purchase or right of first refusal, negotiated by the Agent, the Vendor agrees to pay to the Agent a Professional fee of
Professional Fee

Fixed at
Including GST
amount($)
Calculated at
(Including GST) of Gross Sale PriceOther (specify)
16. Marketing Plan
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($)
Advertising / Marketing:
Print Media
Amount
Electronic Media
Amount
Photographs
Amount
Signs
Amount
Sketch / Floor plan
Amount
Brochures / Leaflets
Amount
Auctioneer's Fees
Amount
Other
Amount
Total
amount($)
17. Expenses
Advance payment for Expenses
Including GST
amount($)
Payable by the Vendor into the Trust Account of the Agent no later than

DayMonthYear
Expenses Limit
Including GST
amount($)
Applicable to

Term of the Sole AgencyFor initial marketing period expiring on
DayMonthYear
18. Payment Of Expenses
The Vendor's Marketing Expenses and Statutory Costs will be paid

In advance, upon signing of this AgreementWithin 7 days of an account from the AgentWith any balance owing payable at settlement
19. Additional Conditions
Additional Conditions

0/1747
20. Disclosure Of Agent's Benefits
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.
21. Business Details
21.1
Estimated Turnover
amount($)
Agency Income
amount($)
21.2
Estimated Gross Profit
amount($)
Average Gross Profit
21.3
Form 2

NowBy
DayMonthYear
21.4
Other Financial Statement
21.5
Trading Hours
Monday
Friday
Tuesday
Saturday
Wednesday
Sunday
Thursday
Other
21.6
How long owned
21.7
How old is the Business
21.8
Asbestos Register

YesNo
21.9
WorkCover

YesNo
21.10
Staff
Full Time

YesNo
Part Time

YesNo
Casual

YesNo
Staff Schedule

YesNo
Total Hours
21.11
Number Of Proprietors
Hours Worked
Total Wages
amount($)
21.12
Residence Details
if any
21.13
Certificate of Title Reference
Volume
Folio
21.14
Accountant
Full Name
Telephone
Mobile
Facsimile
21.15
Franchise

YesNo
Franchise Agreement

YesNoTo be provided
Franchisor
21.16
Reason for Sale
21.17
Registered for GST

YesNo
21.18
To be sold as a Going Concern

YesNo
21.19
Provisional Trade Waste Permit Required

YesNo
If yes, is the Permit current

YesNo
Permit number
21.20
Environmental Protection Act 1993 / WHS Items
22. Lease Tenancy Details
Lease Tenancy Details

Not Applicable
22.1
Size of Premises
22.2
Term of Lease
Commencement Date

DayMonthYear
Years
22.3
Right(s) of Renewal
Number
Years
22.4
Current Rent
Per annum
22.5
Next Adjustment
22.6
Adjustment Method
22.7
Outgoings Payable
Landlord
Tenant
22.8
Any Other Charges
22.9
Registered Number on Title
Volume
Folio
22.10
Landlord
Street 1
Street 2
Suburb
State
Postcode
Telephone
Work
Telephone
Home
Telephone
Mobile
Telephone
Fax
Managing Agent
Comments
22.11
Copy of Current Lease and Disclosure Statement obtained

YesNo
22.12
Copy of recent Rental Statement

YesNo
23. Plant And Equipment Details
23.1
Plant, Equipment, Fixtures and Fittings
Unemcumbered as at the date of this Agreement and to be sold to the Purchaser free of any encumbrances as at the Settlement Date

Not applicableSchedule to be providedAs attachedAs described below
0/520
23.2
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 applicableSchedule to be providedAs attachedAs described below
0/520
23.3
Encumbered Plant, Equipment, Fixtures and Fittings for Encumbered Assignment
Items to be assigned to the Purchaser at Settlement, subject to the existing encumbrances

Not applicableSchedule to be providedAs attachedAs described below
0/520
23.4
Excluded Plant, Equipment, Fixtures and Fittings
Excluded from the sale

Not applicableSchedule to be providedAs attachedAs described below
0/520
23.5
Third Party Plant, Equipment, Fixtures and Fittings
Not owned by the Vendor and not included in the sale

Not applicableSchedule to be providedAs attachedAs described below
0/520
24. General
24.1
Gas and / or Electricity Contracts

0/271
24.2
Special Licences
Fuel, Poison, Liquor, Tobacco, Milk, Other
Copies taken

YesNo
24.3
Agencies
X-lotto, Bank, Post Office, Other
Copies Agreements

YesNo
24.4
Trade Memberships

0/270
24.5
Computer Hardware / Software

0/271
24.6
Outstanding Notices

YesNo
Details

0/496
24.7
Major Clients

0/485
24.8
Comments

0/1090
History, Experience, Qualifications Required, Location, Parking, Seasonal, Deliveries, etc
Executed As An Agreement
Executed As An Agreement

The vendor agrees that the agent is able to provide a copy of this agreement to the vendor within 48 hours of its execution
uniqueSubmissionReference
Should be Empty:

Business Sales Agency Agreement Schedule

1. Vendor (Business)

Vendor contact details

2. Vendor (Real Property)

3. Agent

4. Business

4A. Other Business Assets

5. Business Premises

6. Gross Asking Price

7. Sole / General Agency

8. Previous Agency

9. Term (Sole Agency)

10. Sale Method

11. Preferred Settlement Period

12. Establishment Fee

13. Statutory Charges

14. Professional Fee

15. Option To Purchase Premises

16. Marketing Plan

17. Expenses

Advance payment for Expenses

Expenses Limit

18. Payment Of Expenses

19. Additional Conditions

20. Disclosure Of Agent's Benefits

21. Business Details

22. Lease Tenancy Details

23. Plant And Equipment Details

24. General

Executed As An Agreement