1.1 The Agent has explained to the Client, and the Client acknowledges, that it is not obliged to agree to any advertising and marketing expenses, however the Client
agrees to the following:
1.2 after listing, the Agent will undertake the agreed marketing of the Property; and
1.3 the Client authorises the Agent to spend up to the sum of $ NIL including GST on advertising, marketing and promoting the Property on the
Client’s behalf; and
1.4 the Client undertakes to reimburse the Agent upon demand for such amounts expended under this clause.
2. PAYMENT OF COMMISSION
2.1 The Client must pay the Agent the commission, on the terms set out in this Agreement, if:
(a) in the case of a sole agency, the Client enters into an agreement to sell or other disposal of the Property (or part of it) at any time during the term of the agency
and the agreement is or becomes unconditional (whether during or after the term of the agency); or
(b) in the case of a general agency, the Client enters into an agreement to sell or other disposal of the Property (or part of it) at any time during the term of the agency,
through the instrumentality of the Agent or to a purchaser introduced by the Agent and the agreement is or becomes unconditional (whether during or after the
term of the agency); or
(c) in the case of either a sole or general agency, the Client enters into a private agreement to sell or other disposal of the Property (or part of it) within a period of six
months following the date of expiry, cancellation or termination of the agency, through the instrumentality of the Agent or to a purchaser introduced by the Agent,
and the agreement is or becomes unconditional (whether during or after the six month period). In this sub-clause Private Agreement means any agreement to sell
or other disposal of the Property (or part of it) in the absence of any effective agency agreement between the Client and a real estate agent holding a licence under
the REAA 2008.
2.2 Unless otherwise stated the commission will become payable immediately upon the agreement for the sale or other disposal of the Property becoming unconditional. The Client shall instruct their solicitor to advise the Agent as soon as practicable on the agreement becoming unconditional.
2.3 Where the Agent has been paid a deposit, the Agent will hold the deposit as a stakeholder pursuant to the REAA 2008, until any pre-conditions to the release of the deposit specified in the agreement for sale or other disposal of the Property have been satisfied in all respects. 2.4The Client authorises the Agent to deduct the Agents commission plus GST together with any other amounts owed by the Client to Agent (if any) from the deposit, once the Agent is permitted to release the deposit to the Client under clause 2.3. If a deposit is not received by the Agent, the Client undertakes to pay the Agent's commission plus GST and expenses and/or marketing costs together with any other amounts owed by the Client to the Agent (if any) immediately upon receipt of an invoice in accordance with this Agreement. Nothing in this clause 2 affects the Agent's right to the payment of commission.
3. AGENT’S STATEMENT RELATING TO REBATES, DISCOUNTS
I, the Agent, confirm that, in relation to any expenses for, or in connection with, any real estate agency work carried out by me for the Client(s) in connection with the transaction covered by this Agreement I will not receive, and am not entitled to receive, any rebates or discounts.
4. HEALTH AND SAFETY
4.1 The Client acknowledges and understands that the Agent has obligations under the Health and Safety at Work Act 2015 (HSWA 2015) to ensure the health and safety of workers (including employees, contractors, and employees of contractors) and the general public so far as is reasonably practicable while undertaking work in relation to the sale and purchase or other disposal of the Property in accordance with this Agreement.
4.2 The Client shall give the Agent all reasonable assistance and information to ensure that no hazards or risks at, or arising from, the Property affect the health and safety of any person while the Agent is performing its role under this Agreement, including by:
(a) promptly providing to the Agent information about any and all hazards or risks at the Property which are known to the Client, and
(b) complying with any reasonable instructions given by the Agent about actions required to be taken to address any identified hazards or risks at the Property in order to ensure the health and safety of people visiting the Property at the request or invitation of the Agent.
(c) In circumstances where the Client is a ‘person conducting a business or undertaking’ (as that term is defined in the HSWA 2015) it must:
(d) comply with its obligations under the HSWA 2015 (and supporting regulations) at all times during the term of the Agreement; and
(e) consult, cooperate, and coordinate activities with the Agent and any other relevant party in respect of any work undertaken in relation to the sale or other disposal of the Property so as to ensure that all parties understand the nature of the work, the risks arising from the work, and the controls to be implemented to mitigate those risks so far as is reasonably practicable, and to enable the Client and the Agent to verify that the risks are being controlled and the work is being performed safely and in accordance with this Agreement. 4.3 (a) The Client will assist the Agent ion the preparation of a list of hazards or risks or hazardous substances that may be at the Property or affect the Property. (b) The Client acknowledges that the Agent will not be able to conduct any open homes or allow potential purchasers to view the Property until the list of hazards or risks or hazardous substances affecting the Property has been prepared by the Agent and agreed by the Client.
5. DISCLOSURE OF INFORMATION
5.1 The Client acknowledges that the Agent is required under the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (Rules) to disclose known
defects affecting the Property to purchasers or potential purchasers and not to withhold information that should by law or in fairness be provided to purchasers
or potential purchasers. The Client also acknowledges that where it would appear likely that the Property may be subject to hidden or underlying defects, then
the Agent is required to either:
(a) obtain confirmation from the Client, supported by evidence or expert advice, that the Property is not subject to defect; or
(b) ensure that purchasers or potential purchasers are informed of any significant potential risk so that they can seek expert advice if they so choose.
(c) If the Agent is unable to obtain confirmation under clause 18.1.1, the Agent will inform purchasers and potential purchasers of any significant potential risk
identified by the Agent consistent with rule 10.7(b) of the Rules. The Client authorises the Agent to make this disclosure.
(d) If at any time during the term of the agency established by this Agreement the Client directs the Agent not to disclose to purchasers or potential purchasers any
known defects or any significant potential risks for hidden or underlying defects identified by the Agent contrary to the terms of this Agreement or to the Rules, the
Agent may then cancel this Agreement by written notice to the Client in accordance with clause 23. Cancellation shall be effective immediately upon receipt of
6. DATA COLLECTION
6.1 The Client consents to the Agent providing the details of any agreement for the sale and purchase of the Property to the Real Estate Institute of New Zealand,
upon such agreement becoming unconditional, for the purposes of collecting and compiling sales statistics.
7.1 The Client (and if more than one, jointly and severally) indemnifies the Agent, the licensees, Harcourts Group Limited, and any of their respective employees,
agents, contractors and advisors against all costs, expenses, losses, damages, claims or other liability arising from a breach of this Agreement by the Client,
including without limitation, the Client providing inaccurate information about the Property, or the Client omitting any material information in this Agreement or
regarding the Property.
8.1 Unless provided in this Agreement or agreed between the parties in writing, neither party may disclose any information contained in this Agreement to a third
party other than:
(a) as required by law;
(b) in good faith and in proper furtherance of the objects of this Agreement;
(c) to those of its employees, officers, professional or financial advisers and bankers as reasonably necessary but only on a strictly confidential basis;
(d) to enforce a party’s rights or to defend any claim or action under this Agreement; or
(e) where the information is already in the public domain.
9.1 Any notices given under or relating to this Agreement may be served or given by hand, mail, or email. If there is more than one set of contact details for the Client,
then a copy of this Agreement and any notices may be sent to any one of them and notice to any person that is listed as a Client will be notice to all of them.
Notices to the Client may also be sent to the Client’s lawyer unless otherwise instructed.
9.2 This Agreement and notices under it will be deemed to have been received:
(a) when delivered in person, at the time of delivery;
(b) if sent by mail, three (3) working days after being mailed; or
(c) if sent by email, when the email enters the recipient’s information system.
10.1 The termination of this Agreement for any reason is without prejudice to any rights, powers, authorities, or remedies of the parties including the Agent’s right to
commission and reimbursement of the agreed marketing costs and/or expenses.
10.2 Except where expressly defined in this Agreement, the terms and expressions used in this Agreement will have the meaning ascribed to it under the REAA 2008.
10.3 Any reference to ‘working day’ will have the meaning ascribed to it under the REINZ/ADLS Agreement for Sale and Purchase of Real Estate, as updated or amended