Sales Inspection Report and Exclusive Selling Agency Agreement for Residential Property

This agreement outlines the terms and conditions for the exclusive selling agency of a residential property, including the appointment of an agent, commission, expenses, inspections, and marketing. It also includes a sales inspection report with details about the property, vendor, and solicitor/conveyancer.

SALES INSPECTION REPORT AND EXCLUSIVE SELLING AGENCY AGREEMENT
3. AGENT *(Where the Agent trades as a corporation, include the corporation's licence number)
Business Name:
Address: ACN:
ABN:
Phone: Fax:
(Residential)
1. VENDOR
Item Schedule - Sales Inspection Report
Mobile:
Email: GST Registered:
Solicitor/Conveyancer:
Clause 1.1(7)
Name/s:
Business Address:
Name:
Address: ACN:
ABN:
Phone:
2. VENDOR'S SOLICITOR / CONVEYANCER
4.1 Address:
4. PROPERTY (Includes land and all improvements)
Items included in the sale of the Property:
Clause 7.4
Service of Documents Address:
4.2 Fittings and Fixtures:
Phone: Fax: Mobile:
Email:
Fax: Mobile:
Email:
Licence Number/s*: GST Registered:
Excluded Items:
4.3 Details of any covenants, easements, defects, local goverment notices or orders affecting the Property:
AUNSWREPS002 v4.2 (Page 1 of 7)
Blinds and Blind Fittings
Range Hood Pool EquipmentCurtains and Curtain Fittings
Fixed Floor Coverings
Window Screens
Light Fittings
Built-in Furniture
4.4 If the Property is occupied or subject to tenancy at time of sale provide details (eg. lease duration, rent amount, etc.)
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Stove / Oven
Item
Clauses 2 and 7
Dishwasher
In Ground Plants
Clothes Line / Hoist
Fixed TV Antenna
Air Conditioning Unit/s
Other:
Satellite Dish
NREL PTY LTD
524 Lutwyche Road
Lutwyche QLD 4030
( 07 ) 3105 6780 ( 07 ) 3357 5008
Yes / No
Yes / No

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6. SPECIAL TERMS AND CONDITIONS
Identify any Special Terms and Conditions of sale to be included in the contract:
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7. MARKETING / INSPECTIONS
See Items (D) and (E) for special instructions about showing and marketing of the Property.
Agent's Signature:
Items (1) to (8) make up the Inspection Report required by The Act and has been completed by the Agent.
(2) give the Vendor a completed copy of this Sales Inspection Report once the inspection is complete.
(1) conduct an inspection of the Property prior to the Agent acting on behalf of the Vendor under this Agreement.
The Agent must, in accordance with Clauses 1 and 2 of Schedule 2 of the Regulations to the Act:
Date of Report:
8. ACT / REGULATION REQUIREMENTS
9. SIGNATURE OF INSPECTION REPORT
Item Schedule - Exclusive Selling Agency AgreementItem
A. TERM OF AGREEMENT (EXCLUSIVE AGENCY PERIOD) Clauses 3, 9.1(a) and 9.1(c)
The Term of this Exclusive Agency Agreement commences on
unless extended in writing by the Vendor.
(Where a range of value is entered into Item 5.2(1) the estimated selling price is based on the maximum value in that range)
B. COMMISSION Note: Prices for goods and services are GST inclusive. See Clause 9.7
(1) Subject to this Agreement the Agent shall be entitled to a Commission determined as follows:
(incl. GST)
Clauses 6.4 and 9
selling price)(The Agent's Commission is based on the GST
(2) Based on the Agent's estimated selling price (Item 5.2(1)) the Commission (Item B(1)) in dollars would be:
(incl. GST)
(Note: the Commission will vary based on the actual Sale Price of the Property)
IMPORTANT: This is an exclusive agency agreement. This means you may have to pay the agent commission even if another
agent (or you) sells the property or introduces a buyer who later buys the property.
WARNING: Have you signed an agency agreement for the sale of this property with another agent? If you have you may have to
pay 2 commissions (if this agreement or the other agreement you have signed is a sole or exclusive agency agreement).
WARNING: This is general advice and its preparation has not taken into account the individual circumstances of the Vendor or the
Vendor's objectives, financial situation or needs.
(2) Most suitable method of sale:
(1) Estimated Selling Price:
Clauses 1.1(8) and 105. LIST PRICE AND AGENT OPINION Note: Item 5.2(1) is not a valuation and excludes GST
5.2 Agent's Opinion:
(incl. GST if applicable)
and concludes on
Note: The Selling Price of a property may be expressed as a price range, but only if the highest price in the price range
exceeds the lowest by not more than 10% of the lowest price.
and $Price range: $ORSingle amount: $
5.1 Vendor's Listing Price:
/ /
000
inclusive / exclusive

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The Agent is authorised to allow a prospective purchaser to inspect the Property according to the following instructions (unless the
Vendor instructs otherwise):
D. INSPECTIONS
The Agent shall advertise/market the Property for sale in the following manner:
Signage erected at the Property advertising the sale is permitted:
E. ADVERTISING / MARKETING Clauses 6.12, 8(a) and 16
F. AGENT DISCLOSURE Clause 11
The Agent shall be entitled to retain Rebates, Discounts and/or Commissions as disclosed below:
The Agent provided the Vendor with a copy of the approved guide entitled "Agency Agreements for the Sale of
Residential Property" (being the approved guide mentioned in Section 56 of the Property, Stock and Business Agents Act 2002).
Date guide was provided to Vendor:
G. CONSUMER GUIDE
H. VENDOR'S BANK DETAILS (if required)
Bank:
Account Name:
Branch: BSB No.:
Account No.:
I. ADDITIONAL INSTRUCTIONS
The Vendor shall reimburse the Agent for the following authorised Expenses incurred during this Agreement:
Clauses 6.4, 9.5 and 9.6
* When Due and Payable is left blank, Expenses are payable on receipt by the Vendor of an itemised invoice.
C. EXPENSES
Source and details of Rebates, Discounts and Commissions Estimated Amount
Expense Amount (incl. GST) *Due and Payable
/ /
| | | | | | | |
| | | | |
Yes No
has / has not

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Date:Signature of Agent
Date:Signature of VendorDate:Signature of Vendor
O. SIGNATURES
Has a Waiver of Right to Cooling-Off Period form been signed?
COOLING-OFF PERIOD: You (the vendor) have a cooling-off period for this agreement. If you do not wish to continue with this
agreement you can cancel it until 5 pm on the next business day or Saturday.
L. COOLING-OFF PERIOD
Special Conditions to this Agreement where inserted at the direction of the Vendor were prepared by the Vendor or an Australian
Legal Practitioner instructed by the Vendor and not by the Agent. No warranty is given by the Agent with respect to such clauses.
Legal advice should be sought.
J. SPECIAL CONDITIONS Clause 15
Other (details):(2)
(1) Comparative Market Analysis
By signing below the Vendor acknowledges having received the following evidence of the reasonableness of the estimated selling
price (Item 5.2(1)):
K. ESTIMATED SELLING PRICE - EVIDENCE
Residential Premises Loose-fill Asbestos Insulation Questionnaire has been completed by the Vendor and given to the Agent
prior to signing this agreement.
M. LOOSE-FILL ASBESTOS INSULATION QUESTIONNAIRE
Clearance Certificate:
Has the Vendor received from the ATO a:
Note: For properties with a market value of, at or more than, $2,000,000 a Buyer must withhold 10% of the purchase price and pay
such monies to the Australian Taxation Office (ATO) on or before settlement, unless the Vendor has obtained a Clearance
Certificate from the ATO (Taxation Administration Act 1953 (Cth) - Subdivision 14-D). If this Property is likely to sell for $2,000,000
or more and the Vendor is an Australian Resident it would be advisable for the Vendor to obtain a Clearance Certificate from the
ATO to prevent purchase monies being withheld.
N. CAPITAL GAINS WITHHOLDING PAYMENT (To be completed by the Vendor)
/ /
/ / / /
/ /
Yes No
N/AHave Applied on:Yes

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2. Vendor's Confirmation
By signing this Agreement the Vendor(s) warrants and
confirms:
3. Exclusive Appointment
3.1 The Vendor by this Agreement appoints the Agent as
Exclusive Agent for the duration of this Agreement and will
refer any prospective purchasers of which the Vendor
becomes aware to the Agent.
5. Appointment of Agent
In consideration of and in accordance with the terms of this
Agreement, the Vendor appoints the Agent and its permitted
Assigns to sell the Property for the Vendor and the Agent
agrees. Authority vested in the Agent by this Agreement shall
be deemed to be vested in the Agent's authorised
employees.
6. Agent's Selling Obligations and Authority
6.5
(2) The Agent will issue tax invoices when necessary in
respect of all monies owing by the Vendor to the Agent.
6.3 The Agent will take reasonable steps to ensure goods and
services obtained for the Vendor are at competitive prices.
6.4 The Agent is authorised to deduct from monies received by
the Agent on behalf of the Vendor all Fees, Commissions
and other authorised outlays owing to or incurred by the
Agent in association with this Agreement, including those
Fees, Charges and payments authorised in Items (B) and
(C).
(1) The Agent must provide financial statements and
account to the Vendor or Vendor's Solicitor with respect
to all monies collected, received, paid or used by the
Agent carrying out the Agent's Obligations under this
Agreement.
6.6 Money received by the Agent from the Purchaser as deposit
shall be paid into the Agent's trust account as stakeholder in
accordance with the Act.
6.7 The Agent's authority does not extend beyond the terms of
this Agreement and the Agent will not be required to provide
services not authorised by this Agreement.
6.10 This Agreement does not authorise the Agent to contract on
behalf of the Vendor with respect to the Property.
7.2 The Vendor will at all times during the currency of this
Agreement keep the Agent advised of and disclose to the
Agent in writing all relevant and material facts and changes
thereto in relation to the Property.
7.1 The Vendor has at the time of entering into this Agreement
disclosed to the Agent all relevant and material facts about
the Property and has not provided information that is or is
likely to be misleading or deceptive.
7. Vendor's Obligations and Authority
(4) GST: where used in this Agreement, has the meaning
used in A New Tax System (Goods and Services Tax)
Act 1999 and "GST" includes any applicable rulings
issued by the Commissioner of Taxation.
1.2 Other words and phrases not defined in this Agreement take
on those meanings given to them in the Act.
1.1 In this Agreement the following terms mean:
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6.11 Should the Agent act in conjunction with other Agents to
effect a sale, only one Commission will be payable.
(1) Act: the Property, Stock and Business Agents Act 2002
and Regulations thereto as amended from time to
time.
7.4 By completing Item (2) the Vendor confirms it has authorised
and instructed the Solicitor or Conveyancer named therein to
act on their behalf and to:
(1) carry out all necessary searches
(2) prepare the contract
(5) Item: an Item in the attached Item Schedules forming
part of this Agreement.
(7) Property: the land and improvements there on, the
subject of this Agreement (as described in Item (4)).
(1) having read this Agreement
(2) having authority to enter into this Agreement
(3) having authority to grant to the Agent selling rights to
the Property during the term of this Agreement
specified in Item (A).
6.9 The Agent must not offer the residential property for sale
unless all required documents including the proposed
contract for sale of the Property are available for inspection
by prospective purchasers at the Agent's registered office.
6.8 The Agent may not participate in the exchange or making of
the contract unless expressly authorised to do so by the
Vendor or the Solicitor and the Agent is aware of the liability
under Section 64 of the Act.
6.12 Should the Agent have a relevant interest in the sale of the
Property, no advertisement relating to the sale of the Property
shall be published unless the relevant interest is disclosed
in the advertisement in accordance with Section 50(2) of the
Act.
7.3 There is a positive obligation on the Vendor to disclose
relevant and material facts. Any failure to disclose
information known to the Vendor which may detract from this
sale will be a breach of this Agreement.
6.1 The Agent is authorised and directed, by the Vendor, to
disclose all relevant and material facts in relation to the
Property.
6.2 The Agent must, in compliance with Section 52 of the Act, not
make any promise that is false, misleading or deceptive or
conceal any material facts.
(6) Material Fact: where used in this Agreement, has the
meaning as in Section 52 of the Act.
Terms of Agreement
(in conjunction with the Sales Inspection
Report and Exclusive Selling Agency
Agreement (Residential))
1. Definitions
(3) Duty Holder: has the meaning given to it under
Chapter 3 of the Work Health and Safety Regulation
2011.
3.2 If the Agreement is for a fixed term that exceeds 90 days the
Vendor may, at any time after the end of the first 90 days of
the term, terminate the Agreement (without penalty) by giving
30 days notice in writing to the Agent.
3.3 Clause 3.2 does not apply to the sale of residential property
where the contract for sale provides for the construction by
the seller of a dwelling on the land.
4. Non-Exclusive Appointment
Both parties agree that on the conclusion of the Exclusive
Agency Period (Item A) this Agreement will continue as a
Non-Exclusive Agency Agreement until terminated in writing
by either party, or the Property is sold (the Non-Exclusive
Agency Period). Such termination will be without prejudice to
either party's existing rights, duties or obligations.
(2) Agreement: this Agency Agreement, consisting of:
(a) the Item Schedule - Sales Inspection Report; and
(b) the Item Schedule - Exclusive Selling Agency
Agreement; and
(c) the Terms of Agreement; and
(d) any additional annexures, schedules or
documents that may be attached.
(8) Vendor's Listing Price (Item (5.1)): means the price at
which the Vendor has instructed the Agent to list the
Property having taken into account the Agents advice
as to Estimated Selling Price.

10.3 The parties agree this Agreement will be amended in
respect to Item 5.2(1) by the Agent notifying the Vendor in
accordance with section 72A(4) of the Act of a Revised
Estimated Selling Price.
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Any Special Conditions to this Agreement shall form part of
this Agreement. Should there be inconsistency between the
terms of this Agreement and a Special Condition, the
Special Condition shall apply.
15. Special Conditions
Each party has received a signed copy of and understands
this Agreement or has had the opportunity to obtain
professional advice with respect to this Agreement and each
party acknowledges it is bound by the terms of this
Agreement.
14. Provision of Agreement
The parties agree and confirm this Agreement may be
forwarded electronically if the recipient has provided an
email address or facsimile number in the Item Schedule to
this Agreement.
13. Provision of Documents
12.2 The Vendor has complied with its obligations under the
Work Health and Safety Act 2011 with respect to ensuring,
so far as reasonably practicable, any fixtures, fittings and
plant, to which such Act applies, are without risk to the health
and safety of any person.
11. Agent's Disclosure
The Agent is entitled to retain any Rebates, Discounts and/or
Commissions in connection with services performed by the
Agent in the capacity of the Agent for or on behalf of the
Vendor and as disclosed in Item (F).
12. Work Health and Safety
12.1 The Property as detailed in Item (4) is the property of, and is
at all times, notwithstanding the appointment of the Agent,
under the control of, the Vendor as Duty Holder.
10. Agent's Opinion (Item 5)
10.1 The Agent makes no representation as to being a financial
or investment advisor.
10.2 The Agent's estimated selling price is applicable as at the
date of this Agreement and is the Agent's honest and fair
opinion of the estimated value.
9.9 The parties acknowledge Section 36 of the Act provides that
an application to review a statement of claim or itemised
account may be made to the Tribunal under the Consumer
Claims Act 1998 by the Vendor. If such application is not
made within 28 days of a statement of claim or itemised
account being served upon you, the licensee may
commence action for recovery.
(1) Failure to comply with the Act, Regulations or this
Agreement may result in penalties against the Agent
and prevent the Agent from recovering Commission
and other monies under this Agreement.
9.7 Unless otherwise stated, all prices of Goods and Services
under this Agreement include (where applicable) GST.
9.6 The services and amounts detailed in this Agreement
cannot be varied without agreement in writing signed by the
parties.
9.3 The Commission will be payable to the Agent if the Property
is sold during the Exclusive Agency Period irrespective of
whether the Property is sold by the Agent, Vendor or another
person.
9.4 The Commission as detailed in Item (B) will be payable on
settlement of the sale or if Clause 9.2 applies, on demand.
9.5 The Agent is entitled to Commission, Fees for services and
reimbursement of Expenses (including any taxes or
deductions debited by financial institutions against the
Agent's account and attributable to the affairs of the Vendor)
as set out in Items (B) and (C), for the execution of services
under this Agreement.
(c) the deposit forfeited to the Seller due to the
Purchaser's non performance
the Vendor agrees the Commission is payable to the Agent
forthwith. Provided however, where Clause 9.2(c) applies,
Commission will remain due but monies payable shall
(subject to the Seller's rights to claim damages for breach of
contract) be limited to the receipted deposit monies.
(b) the Vendor, as Seller, releasing the Purchaser (by
mutual agreement or otherwise) from the Purchaser's
contractual obligations; or
(a) any default by the Vendor; or
9.2 Should a binding contract be entered into but not completed
due to:
(c) after the conclusion of the Exclusive or Non-Exclusive
Agency Periods (Item A and Clause 4), the Property is
sold to a purchaser who has been effectively
introduced by the Agent during either of those Agency
periods.
9. Agent's Commission and Reimbursement
9.1 The Vendor acknowledges the Agent is entitled to
Commission if:
(a) during the initial or any extended Exclusive Agency
Period (Item A) the Property is sold; or
(b) during the Non-Exclusive Agency Period (Clause 4) the
Property is sold to a purchaser who has been
effectively introduced by the Agent; or
16. Electronic Use of Advertising Photographs
Where the Vendor has authorised and directed the Agent to
advertise the Property by electronic means (eg. Website), as
set out in Item (E), the Agent will take reasonable care to
protect copyright of photos used in such advertising material
but the Vendor acknowledges once the advertising material
is electronically uploaded, to an advertising site, the Agent
has no control over the unauthorised reproduction or use of
such photos.
(e) the Agent incurring legal costs of employing the
services of a credit collection agency to recover unpaid
debts; or
(f) any claim for compensation in respect of damage or
loss to the Vendor's goods; or
(g) a warning label or safety instructions having been
removed, damaged or defaced where a product or
fitting has been supplied to the Property with such a
label or instruction attached.
WARNING: The term immediately above provides that a
commission is payable under this agreement even if the
sale of the property is not completed.
9.8
(2) In accordance with Section 55 of the Act, there will be
no entitlement to commission or expenses for services
performed unless a copy of this Agreement is served
on the Vendor not more than 48 hours after being
signed by the Vendor.
(d) the Agent acting on behalf of the Vendor under this
Agreement; or
(c) the Vendor's failure to give the Agent prompt and
appropriate authority or instruction, or sufficient funds
to carry out an instruction or authority; or
(b) the Vendor's failure to comply with this Agreement; or
(a) authorised sales advertising and signage; or
The Agent having complied with its obligations under this
Agreement and not having been negligent, the Vendor
indemnifies the Agent, its officers and employees, from and
against all actions, claims, demands, losses, costs
damages and expenses arising out of this Agreement in
respect of:
8. Indemnity
7.5 The Vendor must retain a signed copy of this Agreement.
(3) forward the contract to the Agent for completion.
7.6 Where a product, fixture or fitting provided with the Property
has a warning label or safety instructions attached the
Vendor is not to deface, damage or remove such label.

17.5 The Vendor has the right to access such personal
information and may require correction or amendment of
any inaccurate, incomplete, out of date or irrelevant
information.
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17.6 The Agent will provide (where applicable), on request, a copy
of its Privacy Policy.
17.2 The Privacy Policy outlines how the Agent collects and uses
personal information provided by you as the Vendor, or
obtained by other means, to provide the services required by
you or on your behalf.
17.1 The Agent must comply with the provisions of the Australian
Privacy Principles (Privacy Act 1988) and where required
maintain a Privacy Policy.
17.4 Without provision of certain information the Agent may not be
able to act effectively or at all on the Vendor's behalf.
(4) other third parties as may be required by the Agent for
the purposes of marketing, sales promotion and
administration relating to the use of the Agent's
products and services and complying with legislative
and regulatory requirements.
(3) Owner's Corporations and financial institutions; and/or
(2) property data collection agencies; and/or
(1) potential buyers, to the extent required to prepare a
contract for the sale of the Property; and/or
17.3 You as the Vendor agree the Agent may, subject to the
Privacy Act 1988 (CTH) (where applicable), collect, use and
disclose such information to:
17. Privacy Statement