Become a Clik Agent Member

Background to this agreement

• The Listing Agent has entered into and will enter into agreements for the listing of properties (including development properties) throughout Australia.
• The Listing Agent has developed and will continue to develop a multi listing network, whereby members of the multi listing network will be entitled to:
  • introduce buyers to multi listed properties listed by the Listing Agent; and
  • introduce persons who wish to list property through the multi listing network.
• The Member Agent wishes to become a member of the multi listing network being developed by the Listing Agent.

Terms of this Agreement

1. Interpretation

   In the interpretation of this Agreement and depending on its context the terms:

   1. "buyer" means a person who enters into and proceeds to completion of a contract for the purchase of a property;
   2. "commission" includes any sum of money or reward payable upon disposal of property and any sum payable as a quantum merit in respect of work done in attempting to dispose of any property or damages payable for breach of contract to pay commission upon the disposal of any property;
   3. "multi listed property" means a property for which the Listing Agent has been appointed as agent (on an open, exclusive or sole basis) and the principal authorises the marketing and sale of the property through the multi listing network established by the Listing Agent;
   4. "principal" means a person who appoints the Listing Agent to market and sell a property; and
   5. "property" includes estates, lands, houses, home units, apartments, flats, business premises and properties of all kinds.

2. Appointment & Acceptance

   1. The Listing Agent appoints the Member Agent as a sub-agent (conjunction agent) for the sale of multi listed properties.
   2. The Member Agent accepts such appointment.

3. Website Listing & Access

   1. The Listing Agent may (but is not obliged to) cause information in respect of multi listed properties to be published to the “Members Section” of its website (currently www.clikagent.com.au).
   2. During the term of this Agreement, the Listing Agent will allow the Member Agent access to the “Members Section” of its website, by way of the provision of a login and password.

4. Commission for Introducing Buyer

   1. If the Member Agent introduces or causes to be introduced to the Listing Agent, or is the effective cause in the introduction of a buyer of any multi listed property, the Listing Agent must pay to the Member Agent the designated commission in respect of the multi listed property.
   2. The Listing Agent will include details of the designated commission payable in respect of each multi listed property in the “Members Section” of its website (currently www.clikagent.com.au). Such commission will either be:
      1. A nominated amount (based on the list price); or
      2. A percentage of the sale price.
   3. If any claim for commission on the sale of a multi listed property is disputed by the principal of such property, the Listing Agent may abandon or compromise such claim and is accountable only to the Member Agent for the appropriate percentage of the net amount actually received by the Listing Agent (having regard to the extent to which the total commission claimed by the Listing Agent has been reduced) after deducting any costs of recovering that amount which are not recovered or recoverable from any other person.

5. Commission for Introducing Multi Listed Properties

   1. If the Member Agent introduces or causes to be introduced to the Listing Agent, or is the effective cause in the introduction to the Listing Agent, of a multi listed property, the Listing Agent must pay to the Member Agent 10% of the commission received by the Listing Agent in respect of the sale of the introduced multi listed property.
   2. The Member Agent acknowledges that:
      1. all listing of multi listed properties introduced by the Member Agent pursuant to this clause will be by way of an agency agreement between the Listing Agent (as agent) and the Principal for the multi listed property; and
      2. payments of commission under this clause will only be made in the event of the Listing Agent agreeing in writing, at the time of the introduction of the multi listed property, that the property has been introduced to the Listing Agent by the Member Agent.
   3. If any claim for commission on the sale of a multi listed property is disputed by the principal of such property, the Listing Agent may abandon or compromise such claim and is accountable only to the Member Agent for the appropriate percentage of the net amount actually received by the Listing Agent after deducting any costs of recovering that amount which are not recovered or recoverable from any other person.

6. Payment of Commission

   Subject to clause 15, all commission payable to the Member Agent pursuant to this Agreement must be paid within seven (7) days of receipt by the Listing Agent of the commission in respect of the transaction giving rise to the entitlement to commission.

7. Dealings with Principals

   1. Unless the Listing Agent otherwise consents in writing, all offers, negotiations, dealings and other communications with Principals must be conducted through the Listing Agent.
   2. If the Listing Agent consents to the Member Agent having dealings directly with Principals, such consent may include conditions and the Member Agent must comply with such conditions in conducting those dealings.
   3. Without limiting the generality of clause 7(a), the Member Agent must not approach any principal of a multi listed property for the purposes of inducing, soliciting or otherwise causing such principal to:
      1. enter into an agency agreement directly with the Member Agent; or
      2. terminate the agency agreement with the Listing Agent.

8. Open Houses & Signage

   1. The Listing Agent may authorise the Member Agent to conduct open houses for multi listed properties.
   2. If such an authorisation is provided, the Member Agent:
      1. will be entitled to deal with the Principals for the purposes of conducting the open houses; must not, unless the Listing Agent expressly authorises the Member Agent in writing, advertise the multi listed property as being open for inspection; and
      2. must promptly upon completion of the open house, remove any signage and pointer arrows used for the purposes of directing persons to the open house.
   3. No signage may be erected or used by the Member Agent in respect of multi listed properties without such signage having first been approved in writing by the Listing Agent. If the Listing Agent approves the Member Agent erecting or using signage, such approval may include conditions and the Member Agent must comply with such conditions.

9. Other Inspections & Access

   1. The Listing Agent may authorise the Member Agent to conduct inspections of multi listed properties by appointment.
   2. If such an authorisation is provided, the Member Agent will be entitled to deal with the Principals for the purposes of conducting the inspection.
   3. If the Member Agent wishes to gain access to a multi listed property, the Member Agent should contact the representative of the Listing Agent designated (on its website or otherwise) as the appropriate contact person for securing access.

10. Marketing by Member Agent

    1. The Member Agent must not, without the consent of the Listing Agent, market multi listed properties to the public (for example, by advertisement in newspapers, by listing on the Member Agent’s website or by way of letterbox drop).
    2. The Member Agent may, without obtaining consent, market multi listed properties:
       1. to their own clients (for example by email or individually addressed letters); and
       2. by way of information as to the property being available at their office (for example, by way of brochure or in a window display); provided that such material identifies that the property is displayed as a sub-agent or conjunction agent of the Listing Agent (in such form as the Listing Agent may from time to time reasonably require).

11. Confidentiality

    1. The Member Agent acknowledges that the information provided to it (whether via the Listing Agent’s website or otherwise) in respect of the multi listed properties will be confidential.
    2. The Member Agent must not, without the consent of the Listing Agent, communicate any part of the information other than in the ordinary course of business in procuring or endeavouring to procure a buyer.
    3. The Member Agent acknowledges that it will be in possession of the information supplied by the Listing Agent as a bailee but has no right to a lien in respect of those things as security for any liability of the Listing Agent to the Member Agent pursuant to this Agreement or otherwise.
    4. Without limiting the generality of clause 11(c), the Member Agent must on request return all information provided to it to the Listing Agent.

12. Privacy

    1. The Member Agent is required to comply with the Privacy Act 1988.
    2. The Member Agent may only use personal information of the Principals to perform their obligations under this Agreement or as otherwise instructed by the Listing Agent.
    3. The Member Agent may only disclose information to other parties as required to perform their duties under this Agreement, to achieve the purposes of this Agreement or as otherwise allowed under the Privacy Act 1988.
    4. Principals and the Listing Agent may access personal information of the Principals or the Listing Agent from the Member Agent and may correct the information if it is inaccurate, incomplete or out of date.

13. Other Obligations of the Member Agent

    1. The Member Agent must comply with all laws governing the operation of a real estate business in the state in which the Member Agent conducts its business.
    2. Without limiting the generality of clause 13(a), the Member Agent:
       1. must maintain its licence to operate a real estate business;
       2. must not share any commission payable pursuant to this Agreement with unlicensed persons1;
       3. must provide such warnings, information and disclosures as may be required under the law2;
       4. must not contravene any provision prohibiting a licensee, their employees (or their relatives) from obtaining a beneficial ownership in any of the multi listed properties3;
       5. must not publish, cause to be published or otherwise make any statement, representation or promise that is materially false, misleading or deceptive, or is likely to mislead or deceive4;
       6. must promptly notify the Listing Agent of any offers received in respect of a multi listed property; and
       7. must promptly remit to the Listing Agent any deposits received in respect of a multi listed property.

14. Other Members

    1. The Member Agent acknowledges that:
       1. the Listing Agent will be appointing other members (including financial planners, accountants, lawyers, investors and other professionals) to the multi listing network established by the Listing Agent;
       2. such appointments are in the interests of all members, for example by allowing the Listing Agent to secure additional listings on the size and strength of the multi listing network;
       3. other members may receive a commission from the Listing Agent in respect of sales by the Member Agent; and
       4. it is possible that a dispute will arise as to which member is entitled to the designated commission in respect of a sale.
    2. In the event of a dispute arising between members as to which of them introduced or caused to be introduced the buyer of a multi listed property (claiming members) , the Listing Member will be entitled to determine the dispute in its absolute discretion, including:
       1. which of the claiming members (if any) introduced or caused to be introduced the buyer;
       2. paying one claiming member to the exclusion of other claiming members;
       3. splitting the designated commission equally amongst the claiming members; or
       4. sharing the designated commission amongst the claiming members in such uneven proportions as the Listing Member in its absolute discretion determines.

15. GST

    1. Any amounts referred to in this Agreement (or on the website of the Listing Agent) are inclusive of goods and services tax (GST).
    2. The Member Agent must provide to the Listing Agent a tax invoice prior to receiving payment under this Agreement
    3. In the event of the Member Agent failing to provide a tax invoice for payments made under this Agreement, the Listing Agent may (but is not obliged to) issue a recipient created tax invoice in respect of the payment.

16. Termination

    1. This Agreement continues in force until terminated pursuant to this clause.
    2. This Agreement will terminate automatically and without notice in the event of the Member Agent no longer being licensed to conduct a real estate business.
    3. This Agreement may be terminated at any time by either party giving to the other party seven (7) days notice in writing and if that notice is given, this Agreement will end on the last day of that notice period.

17. Governing Law

    1. All aspects of this Agreement (including its construction, validity and performance) are governed by the laws of New South Wales.
    2. The parties submit to the jurisdiction of the courts and tribunals of New South Wales for the settlement of any disputes that arise under this Agreement.

Executed by the Parties

By clicking on submit you acknowledge that you agree to the above agreement.