BUYERS AGREEMENT FORM
This is legally binding engagement to commence the service.
Minimum agreement period is 6 months
TERMS AND CONDITIONS
1.1 The Client appoints FMRE Property Pty Ltd trading as Find My Real Estate as its Agent to perform the applicable Service in respect to a property which meets the specifications provided by the Client, in accordance with the terms of this Agreement. Find My Real Estate agrees to provide the Services to the Client in consideration of the fees payable to it pursuant to this Agreement.
1.2 The parties will be deemed to have accepted the terms of this Agreement upon the Client‘s execution of this Agreement (including electronic execution) or upon Find My Real Estate's receipt of any Commission from the Client.
1.3 The minimum term of this Agreement will be the period specified in the Minimum Exclusive Term above, which period will commence from the date of this Agreement pursuant to clause 1.2, after which time this Agreement will remain enforceable until it is terminated by either party giving seven (7) days’ notice in writing to the other part, provided any such termination will be without prejudice to either party’s rights accrued or obligations incurred prior to the termination of this Agreement.
1.4 The Client agrees to:
1.4.1 Notify Find My Real Estate in writing of any amendments to the personal details or property specifications of this Agreement or material facts regarding the Client’s proposed purchase of the Property;
1.4.2 Cooperate with Find My Real Estate at all times (including without limitation by providing instructions in a timely manner and making itself available for Property inspections);
1.4.3 Obtain independent legal, financial, investment, tax and other advice in relation to the purchase of the Property;
1.4.4 Not purchase any property which was presented by Find My Real Estate to the Client pursuant to this Agreement during the Term or 6 months after the Term (in case no purchase is executed with Find My Real Estate as part of this Agreement), whether verbally or in writing (including without limitation properties presented to the Client in person, by telephone, by email, by letter, by fax or by text message) other than through Find My Real Estate;
1.5 The Client warrants that it has full power and authority to enter into this Agreement and has obtained all necessary authorisations and approvals to purchase a Property.
1.6 The Client warrants that it is not subject to any earlier or concurrent agency agreement which would conflict with its obligations under this Agreement.
1.7 The Client agrees to pay the Commission/sign-up fee to Find My Real Estate for the Service as specified in this Agreement. The Client agrees to pay Find My Real Estate the applicable Commission upon the earlier of:
1.7.1 The Client entering into a contract (signing-up) to view properties and to potentially purchase a Property, (Contract) understands that the upfront retainer is a non- refundable and will be payable by the Client pursuant to clause 1.7 irrespective of whether Client change their mind/cancel Agreement, whether the Client purchased the Property themselves and whether or not the Client engaged another Buyer’s Agent. The balance of the commission to be paid on contract exchange as part of purchasing the property or
1.7.2 The Client purchasing or procuring that another person or entity purchases the shares in the Company, if a Property is owned by a Company (whether or not such purchase is subject to approvals or conditions which have not been met and irrespective of whether the transfer of shares is not effected); or
1.7.3 The Client becoming the legal or equitable beneficial owner of a Property or of the shares in the Company which owns the Property (by any other means whatsoever)
1.8 The Full Commission will also be payable where any of the matters in clause 1.4 & 1.7 arise any time within 12 months after termination of this Agreement for any reason.
1.9 The Client indemnifies Find My Real Estate for all expenses, costs (including without limitation debt collection fees and/or legal costs on a solicitor/client basis) and disbursements incurred by Find My Real Estate in recovering any outstanding fees under this Agreement or any liability signed/taken on behalf of the Client.
1.10 The Client acknowledges that any data, information or advice provided by Find My Real Estate to the Client in relation to the property market, properties identified and introduced during the Term of this Agreement and the Property (Market Data) is of a general nature only. The provision of any such Market Data does not constitute financial or investment advice nor should it be relied upon as such. The Client acknowledges that Find My Real Estate does not hold a financial services licence and is not authorized to provide financial services to the Client.
1.11 The Client acknowledges that the Market Data is provided solely for the benefit of the Client and may only be relied upon by the Client for the purposes of this Agreement. To the extent such Market Data or advice incorporates information or data from any third parties, Find My Real Estate makes no warranties in relation to such information or data and expressly disclaims all liability in relation to such (including without limitation in relation to its accuracy, completeness, suitability and reliability).
1.12 Find My Real Estate may recommend third parties to the Client (including without limitation conveyancers, solicitors, mortgage brokers, building and/or pest inspection companies, strata searching companies, valuers and surveyors) in relation to the purchase of the Property. The Client acknowledges that all third parties are independent of Find My Real Estate and under no circumstances will Find My Real Estate be liable for the advice, acts, or omissions of such third parties. In the event that Find My Real Estate engages any such third parties on the Client’s behalf, the Client agrees to advance the funds for such to Find My Real Estate or reimburse the costs of such to Find My Real Estate upon receipt of an invoice.
1.13 The Client acknowledges that it is responsible for its final purchasing decision and that Find My Real Estate makes no guarantees or warranties of any kind in relation to any Property. The Client accepts full responsibility for satisfying itself in relation to all aspects of the Property (including without limitation the building integrity, planning regulations which apply to the Property, the neighbourhood of the Property, any other information of importance to the Client and the financial consequences of purchasing the Property). Under no circumstances will Find My Real Estate be liable for any loss, damage, costs or compensation arising out of, or in connection with, the Client’s decision to the purchase the Property. Notwithstanding any other provision of this Agreement, under no circumstances will Find My Real Estate be liable to the
1.14 Client for any indirect, incidental, special, consequential, aggravated, exemplary and/or punitive damages (such as those in relation to loss of revenue, profits, goodwill, tangible or intangible losses or other economic losses), nor any lost sales, lost revenue, lost profits, lost data or reprocurement amount, howsoever arising.
1.15 The Client will indemnify and hold Find My Real Estate harmless from any and all liabilities, actions, suits, proceedings, claims, demands, costs (including without limitation taxes or duties), loss, damage, expenses, and/or other amounts of any nature (including but not limited to legal costs on a solicitor/client basis and disbursements in defending or settling the claim giving rise to same and any special, incidental, indirect, consequential, aggravated, exemplary and/or punitive damages of any type or kind such as those in relation to loss of revenue, profits, goodwill, tangible or intangible losses or other economic losses) arising out of or connected in any way to any breach by the Client of this Agreement, or arising out of the proper performance or exercise of any of the powers, duties or authorities of Find My Real Estate under this Agreement.
1.16 Find My Real Estate, its employees or any related entities may pay a referral fee to other independent businesses or partner/leads generation channels without explicit call out to the Client.
1.17 Find My Real Estate, its employees or any related entities without any explict permission may use the Client property photos, testimonials or any other non-confidential information shared for its own benefit and publish on social channels and marketing purposes on any available legal channels
1.18 Each of the terms set out in this Agreement is severable and independent so that if any clause (or part thereof) is void or unenforceable then that clause (or part thereof) will be deemed eliminated or modified to the minimum extent necessary to make this Agreement or that clause (or part thereof) enforceable.
1.19 This Agreement will be governed by and interpreted in accordance with the laws of Victoria.
Find My Real Estate's failure or delay to exercise or enforce any right under this Agreement or partial exercise or enforcement of any right under this Agreement is not a waiver of that right or any other right provided by law.
1.20 Nothing in this Agreement will be construed as establishing a partnership or joint venture between Find My Real Estate and the Client and should any provision of this Agreement be inconsistent with this term, this term will prevail to the extent of any inconsistency.
1.21 The Client acknowledges that this Agreement constitutes the whole agreement between the parties and it has not relied upon any oral or written representation made to it by Find My Real Estate in entering this Agreement.
1.22 Agreement supersedes all communications, negotiations, arrangements and agreements, either oral or written, made or entered into prior to the date of this agreement.