Your Seller Advocacy
Agreement.

1.1The Seller engages BrokerMyAgent (BMA) to act on behalf of the Seller in accordance with this Agreement commencing on the Commencement Date and continuing until the Seller’s property sale contract Settles as set out in Clause 3.4, unless terminated earlier in accordance with this Agreement.

1.2The Seller warrants to BMA that no other party has been appointed to perform the Services.

2.1BMA is authorised to provide the Services to the Seller in accordance with the terms and conditions set out in this Agreement.

2.2The Seller agrees that this Agreement is specific to a single property. If the Seller wishes to engage BMA for a subsequent sale, a separate agreement (as updated from time to time) must be executed.

3.1BMA will receive a referral fee from the real estate agent that the Seller selects and appoints to sell the Property (the Seller Agent) upon the sale of the Property. Only the Seller Agent is required to pay a professional services fee. The Seller is not liable for any professional services fee to BMA.

3.2BMA operates as an independent third-party introducer and facilitator and has no ongoing commercial referral relationship with any of the real estate agents it researches or introduces to the Seller. Each referral fee is determined at the time the real estate agent is approached by BMA in respect of the sale of the Seller’s Property and is agreed between BMA and the prospective selling agents.

3.3The Services may be varied only by written agreement of the parties.

3.4This Agreement continues until the property sale contract Settles, unless terminated earlier under clause 8.

4.1BMA will provide the Services to the Seller but will not provide any advice or assistance on matters not specified in this Agreement.

4.2BMA does not act for the Seller in the capacity of a licensed real estate agent or registered valuer, and expressly excludes from this Agreement:

(a)any services which must only be undertaken by a registered real estate agent; and

(b)any services which must only be undertaken by a registered property valuer.

4.3Any advice or services requested by the Seller that fall outside the scope of this Agreement are not covered by this Agreement and will not be provided by BMA under it. No fee of any kind is payable by the Seller to BMA under this Agreement.

4.4BMA does not provide legal, financial or accounting advice. The Seller should: (a) assess the suitability of any real estate agent introduced by BMA in light of their own needs and circumstances; and (b) seek independent advice from their respective advisors on these matters.

4.5Market appraisals: As standard practice, our Seller Advocates do not attend market appraisals. Instead, we coordinate directly with the Seller or their nominated representative to ensure the process runs smoothly. In extenuating circumstances - and only where the owner, their representative, or the property manager is unable to attend - we may be able to attend on the Seller’s behalf. An additional fee will apply, and this service is currently only available for properties located in South-East Queensland. If interested, please speak with your Seller Advocate and request a quote.

5.1BMA will take all reasonable steps to research prospective sales agents and negotiate in good faith. However, there may be events that arise during negotiations that are outside the control, scope and/or knowledge of BMA.

5.2BMA is not liable to the Seller or any other person, and the Seller releases and indemnifies BMA and its officers, employees, advisers and related bodies corporate from any costs, loss, liability or claim - whether direct, indirect or consequential - arising out of BMA’s supply of the Services or otherwise relating to this Agreement, including as a result of any act or omission of BMA or any of its officers, employees, advisers or related parties.

5.3The Seller acknowledges that, in entering this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement. Any conditions, warranties or terms implied by statute or common law are excluded to the fullest extent permitted by law.

5.4The Seller acknowledges that:

(a)the selection of real estate agents presented to the Seller is based on BMA’s opinion and research only. BMA has no responsibility, liability or obligation in respect of the Seller’s selection of a real estate agent;

(b)BMA makes no warranty or representation, express or implied, as to the fitness for purpose or suitability of any real estate agent. The information provided is intended only to assist the Seller in making its own decision;

(c)after BMA provides the results of its research, the Seller may decide in its sole discretion which real estate agent (if any) to instruct BMA to negotiate with, and which real estate agent (if any) to ultimately appoint, and on what terms.

5.5When the Seller enters into a sales agreement with the Seller Agent, the Seller must rely on the terms of that agreement only with respect to the sale of the Property. BMA will continue to support and provide guidance through to settlement (in accordance with the 7 Steps set out in Annexure A); however this support expressly excludes:

(a)negotiation of a sale agreement / contract for the sale of the Property;

(b)acting as the Seller’s agent at auction;

(c)other professional real estate services.

5.6The Seller will have the opportunity to obtain legal, financial or other advice regarding the agreement with the Seller Agent prior to entering it.

5.7BMA provides no warranty that any result or objective of the Seller can or will be achieved.

5.8Nothing in this clause affects any liability which cannot be excluded or limited under applicable law. Where BMA’s liability cannot lawfully be excluded, it is limited to the fullest extent permitted by the Australian Consumer Law - in respect of services, to the lesser of: (a) the supply of the services again; or (b) the payment of the cost of having them supplied again.

6.1BMA understands that privacy is important and that the Seller needs to be confident that their personal information is treated with an appropriate degree of privacy.

6.2BMA uses personal information collected from or about the Seller to perform its obligations under this Agreement and in accordance with its Privacy Policy.

6.3BMA may disclose information to real estate agents whom BMA intends to research as potential Seller Agents for the Property.

6.4BMA will only disclose information to other parties as required to perform its duties under this Agreement, to achieve the purposes specified above, or as otherwise allowed under the Privacy Act 1988 (Cth).

6.5The Seller may request access to, or correction of, this information by contacting BMA using the details in this Agreement.

7.1The Seller warrants that they have the authority to enter into this Agreement.

8.1This Agreement may be terminated by either party on five (5) business days’ written notice.

8.2No fees, charges or other amounts are payable by the Seller to BMA on termination of this Agreement. BMA’s remuneration is paid solely by the appointed Seller Agent in accordance with clause 3.

8.3BMA may terminate this Agreement if the Seller:

(a)fails to give adequate instructions or provides false, misleading or contradictory instructions;

(b)fails to disclose or conceals anything of a material nature which BMA may be obliged to disclose to a third party or regulator;

(c)repeatedly fails to select a real estate agent to sell their Property despite BMA presenting Seller Agents that substantially meet the Seller’s instructions; or

(d)has unreasonable expectations as to the price range of the Property having regard to its location, type and other features.

9.1The Seller agrees to sign any further documentation reasonably required to facilitate this Agreement as required by law.

9.2This Agreement is governed by the laws in force from time to time in the State or Territory in which the Property is located, and the parties submit to the non-exclusive jurisdiction of the courts of that State or Territory.

9.3If any part of these terms is determined to be invalid or unenforceable, it will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original, and the remainder of these terms will continue in effect.

9.4Rights and obligations under these terms which by their nature are intended to survive termination will continue in full force and effect after this Agreement ends.