Terms and Conditions Updated 02/11/15
General and terminology
This page sets out the the Terms and Conditions of AgentFinder. Theses terms and conditions apply to all our services that are provided on AgentFinder’s platforms ( internet, mobile devices, emails and their attachments, phone) and/or technology whether known now or created in the future.
In these Terms and Conditions, “you” are the user of AgentFinder’s platforms, a client or potential client of AgentFinder and can be a person or a corporate entity.
This agreement is between you and AgentFinder, PO Box 410, Clayfield , 4011 Brisbane, Australia, ABN 60619069675.
AgentFinder may modify the agreement at any time without providing notice to you. Your continued use of the sites after such modification constitutes your acceptance of any such modification. Each updates is dated at the top of these Terms and Conditions.
If you wish to use any AgentFinder’s material, in whole or in part, you must obtain our written permission before doing so. Failure to do so will be dealt with to the full power of the law. Scraping any of the sites is forbidden as is any reproduction of any content without written permission.
“ You” refers to a person or corporate entity, a real estate agent, a property owner or an enquirer.“Us” refers to AgentFinder “Enquirer” refers to the person or persons who made a request for information either by email, postal mail or phone, to AgentFinder about real estate agents in their area.“Property owner” refers to the person or persons who owns the land title of the property. “Agent” is defined as a real estate agent or a real estate agency. “AgentFinder representative” refers to the business owner and any member of staff of AgentFinder, employed by AgentFinder. “Enquiry” refers to the request of information about Real Estate Agents. “Quotation” refers to the response from real estate agents to a questionnaire regarding his/her agency, his/her recent sales, his her commission for the successful completion of selling, renting or managing a property. The responses must be submitted by email, or in the case of phone communications the responses must be confirmed in writing by the agent they are attributed to. “Report” refers to the written account of agents’ quotation by AgentFinder’s representative(s). “Agency agreement” refers to the contract signed by the property owner(s) and the real estate agency (or real estate agent) regarding all services to be performed by the agency to sell a property. It may be named differently in different Australian states, in these terms and conditions it may also refers to the contract between property owners and a real estate agency to rent or manage a property. “Contract of sale” the contract signed by the property owner stating the selling price of the property and the settlement date.“Lead” refers to the knowledge of a property owner wishing to sell his /her property.
Links to other sites
The website and any other sites (including emails) from AgentFinder may contain hyperlink to websites or other sites operated by third parties. We do not control such sites and we take no responsibility for, and will not be held liable for their content or any loss that may incurred in using those sites.
This agreement is governed by and construed in accordance with the Law of Australia.
For complaints about our services , please contact us in writing by email at contact@ agentfinderservices.com.au
AgentFinder will respond within 3 working days (Mon to Fri are working days).
We are committed to the protection of your privacy and personal information. We abide by Australia’s National Privacy Principles ( amended and revised). We never sell, publish or disseminate mailing list to third parties.
All information and communications you obtain from AgentFinder must be held under the same above privacy principles. You can see our Privacy statement here.
All quotations received by enquirers and/or property owners are given to AgentFinder on the principle of confidentiality. Quotation are not to be divulged, sold or offered to any 3rd party unless required by the Law. The referral fee to AgentFinder remains applicable when a property has been sold, rented or being managed when the confidentiality of the information received from AgentFinder has been broken (when the lead has been passed on).
For real estate agents leads received are given in confidentiality and are not to be divulged , sold or offered to any third party unless required by Law. If the working situation of the agent has changed before any agency agreement has been signed, it should be communicated in writing to AgentFinder who will inform the enquirer or property owner. The referral fee to AgentFinder remains applicable to the agent or real estate agency that receives a commission for selling, renting or managing the property when confidentiality has been broken (the lead has been passed to another agent) or when the situation of the agent has changed.
The referral fee is paid by the real estate agent or his/her real estate agency who sold a property because of the lead received from AgentFinder and has received a commission.
The referral fee charged by AgentFinder is of:
- 0.15 % of the selling price of the property excluding GST if the enquiry was for the selling of the property.
- $250 excluding GST if the enquiry was for renting or managing the property in the case the property is rented and managed by the same agency, only the rental referral fee applies.
When is the referral fee payable
The referral fee is payable when the real estate agent or agency was referred to the property owner by AgentFinder or when the lead was given by AgentFinder to the real estate agent or agency who completed the sale.
The referral fee is payable when an agent has been referred to a property owner (directly or indirectly) by AgentFinder or when the owner’s details have been passed on to an agent.
The referral fee is payable if the agent has passed on the lead or owner’s details to another Real Estate agent regardless if the agent is from the same Real Estate Agency or not .
The fee is payable by the real estate agent who sell the property even if it the agent who initially received the lead has changed agency, is incapacitated, or otherwise. It is the responsibility of the real estate agent who has received the lead to pass on all the details of those Terms and Conditions. When the working situation of the real estate agent has changed after the signing of the agency agreement the real estate agent (s) who has/have been given the responsibility of selling, renting or managing the property , is/are also given the obligations of those terms and conditions.
The referral fee is payable if the nature of the lead (sell, rent or manage) has changed , even when the real estate agent introduced by AgentFinder has passed on the lead to another agent , unless the lead was passed on because his/her agency does not provide that new service ( sell, rent or manage properties) and therefore the introduced agent had no choice than to recommend another agent.
The referral fee is payable within 14 days of the settlement date of the property’s contract of sale, or withing 2 weeks of the starting date of the rental or management of the property. Failure to do so will see an increase of the referral fee of 10% per week of non payment. Agentfinder reserve the right to engage the services of a credit recovery agency at any time.
If an invoice from AgentFinder is required before payment it should be asked by mail before or within one week of the settlement date written in the contract of agency. Otherwise an invoice will be sent to you ( agency or agent) after reception of referrals fees.
By agreeing to those Terms and Conditions and by filling the questionnaire from Agentfinder, the agent or agency acknowledges he/she has authority to use the services of AgentFinder and therefore has the authority to pay the referral fee. The referral fee can be paid directly by the agent or can be paid by the real estate agency of which the agent depends on.
The fee is not payable to AgentFinder on written and dated documentation showing evidence of
- communication relating to the sale of the property or (*)
- a signed agency agreement
between the agent and the property owner or enquirer
and made before the lead was given to the real estate agent by AgentFinder or made before the agent has been referred to a property owner by AgentFinder.
*communication (emails or phone bill with both parties’s phone number highlighted ) between a real estate agent and the property owner dated prior AgentFinder giving details from one party to the other party or within 24 hours of AgentFinder giving those details.
It is the responsibility of agents and real estate agencies to know if the referral fee to AgentFinder must be declared on the agency agreement by investigating the law of the State they depend on. When the referral fee to AgentFinder is stated on the agency agreement it must be mentioned that it is included in the overall commission and is not an additional fee.
Disclosure of information regarding the sale of a property
The agent or his/her agency must inform AgentFinder when
- a signed agency agreement has been signed with a property owner ( when AgentFinder has referred the agent or real estate agency to the property owner or when AgentFinder gave the lead to the agent or real estate agency.
The agent or his/her agency must inform AgentFinder when
- a contract of sale has been signed by the owner(s) of a property and must disclose
-the settlement date and
-the price of the property sold.
a rental agreement has been signed has been signed by the property owner(s) and the tennant(s) and must disclose
-the starting date of the rental and/or
-the starting date of the property management
The property owner(s) by accepting those Terms and Conditions agrees to be contacted by AgentFinder and agrees to disclose to AgentFinder
- if an agency agreement has been signed
- the name of the agent and the name and address of the agency used
- the date of the contract of sale signed or rental or management
- the date of the settlement of starting date of rental or property management
- the selling price of the property or rental price or management fees
Agentfinder will refrain contacting the property owner(s) and may only do so
– to investigate a dispute with a real estate agency or a real estate agent.
– for marketing purposes, to gather information to improve our services or to offer a service. Property owners can opt out to be contacted for marketing purposes by sending an email to firstname.lastname@example.org.
Agentfinder will act accordingly within 2 weeks.
In addition to the above section of those Terms and Conditions real estate agents are required to give accurate information to AgentFinder. False information will terminate any further dealings with AgentFinder at the discretion of Agentfinder.
Real estate agents or agencies understand all information given to AgentFinder and any communication between them and AgentFinder can be passed on to the enquirer or property owner.
Real estate agents acknowledge AgentFinder cannot be held responsible for any information received regarding a property or property owners gathered by Agentfinder’s questionnaire. Information is passed on “as is”. The referral fee is still payable if any information is false or misleading. It is the responsibility of the agent prior to signing an agency agreement to ensure information previously received by AgentFinder regarding a property or its owner are accurate.
Real estate agents agree to not mark up their commission to recover the AgentFinder referral fee. Any knowledge of this practice will stop any further request of quotation from AgentFinder for another property to the offending real estate agent . The practice will likely be divulged to the property owner’s it applies to, at the discretion of AgentFinder.
Real estate agents agree to not quote a commission higher to AgentFinder only. The commission quoted must be equal or lower than any commission quoted to other parties ( corporate entity or property owners).
An agent can require to be always notified if an enquiry in their area is received by AgentFinder by making a request demand at : email@example.com , in this case AgentFinder will always notified the agent of all property to be sold in the agent’s area and neighbouring areas.
Real estate agents agree their quoted commission needs to be valid for 12 weeks from the date the quotation is passed on to an enquirer or a property owner.
Agents agree to inform AgentFinder of any changes (except his/her commission rate) regarding the information given on the questionnaire. All changes will be communicated to the enquirer or property owner.
Agents acknowledge their quotation and any other information given to AgentFinder are being reported to the enquirer or property owner at the discretion of AgentFinder.
Agents can required to know the lowest commission so far received for a property by AgentFinder from other agents with no other information revealed as to the identity of the agents or the real estate agency of which that lowest commission depends on.
When a property is sold because of the lead offered by AgentFinder or because you have been referred to the property owner by AgentFinder, other properties belonging to the same property owner and sold by you , the referral fees to AgentFinder is not applicable. Your commission on those subsequent properties can be further negotiated with the property owner.
For property owners or enquirers
You understand AgentFinder is not a real estate agency and thus does not sell, rent or manage properties.
You understand signing an agency agreement with a real estate agent will bind you to its terms. AgentFinder services only apply prior to the signing of an agency agreement.
You acknowledge AgentFinder is totally independent from any real estate agency and understand AgentFinder will never required you to choose one agent or real estate agency over another, and that any AgentFinder’s opinions, stated, perceived or implied, are not made to entice you to choose one agent or agency.
You understand that quotations are made for the property you filled the questionnaire for. If another property is to be sold you are not to assume the same quotation from agents.
When a property is sold with an agent or real estate agency referred to you by AgentFinder , other subsequent properties (not stated on the enquiry form) of which you are the owner and is sold by the same agent is exempted of referral fees to AgentFinder. The commission of the agent for selling those subsequent properties must be negotiated with the agent. AgentFinder has no power or responsibilities over those negotiations.
If you are not satisfied with the 3 agents you have chosen, you can contact AgentFinder to define further your requirements. In this case, Agentfinder will demand for the purpose of identity verification a photo ID (passport , driving licence…) and 2 proofs of address or ownership ( utility bill dated from last 6 months). AgentFinder is a non discriminatory company so you acknowledge AgentFinder will not accept any request of agent based on discriminatory characteristic ( sex, age, race, sexuality).
You understand AgentFinder may only give you a selection of agents’ profiles at our discretion which is based on the time the agents’ profile was received. You are free to demand within one week of receipt of AgentFinder’s report to see all quotations received by AgentFinder by contacting us at : firstname.lastname@example.org.
You understand AgentFinder cannot be held responsible for inaccurate information given by the agents and passed on to you. All information are given “as is”. It is your responsibility to ensure that all information previously given to you by AgentFinder are correct before signing any agreement with a real estate agent or a real estate agency. We advise you not to sign any contract with the agent or agency if any errors or misunderstandings are discovered when meeting the real estate agent on AgentFinder’s information and to contact AgentFinder immediately. Any discrepancies of information between the real estate agent and the report received from AgentFinder should be investigated.
You understand a signed agency agreement cannot be annulled or amended by AgentFinder.
You understand AgentFinder cannot be held responsible at all times for agents marking up their commission to recover the referral fees to AgentFinder. We discourage the practice and any knowledge of it should be immediately communicated to AgentFinder.
The services of AgentFinder only apply prior to an agency agreement being signed. AgentFinder is never involved in any stage of selling, renting or managing your property from the time you have signed an agency agreement.
You understand that the results of our research cannot be given or sold to any other party. The commission demanded by the agents are made to you, because of the details you have given to AgentFinder. Agents are free to offer a different commission to other properties, property owners or enquirers or any other third party. However agents are discouraged to offer AgentFinder and its clients a commission that would be the highest ever quoted by themselves. Their commission to AgentFinder should be equal or below their commission to other parties enquirer or property owner or other referral companies.
AgentFinder will never ask you for any fees. Any such demand from any party, AgentFinder or any of its representatives , stated or implied , should be immediately communicated to us. AgentFinder will use the full power of the Law to deal with this issue.
The only financial gain received by AgentFinder is the referral fees, paid by the agent or agency you have contracted to sell your property. The referral fee may be stated in the agency agreement only with a mention it is included in the commission, not as a separate additional fee to you.