LISTING AUTHORITY & AUTHORITY TO MARKETIn consideration of the Agent endeavoring to effect a sale on the property described herein I / We (referred to as "the Owner(s) or Vendor(s)") HEREBY APPOINT Lochore’s Real Estate Ltd Licensed Real Estate Agent as my / our Selling Agent and agree can market and effect a sale of the property on terms and conditions herein or such other terms and conditions as I / We may accept.SOLE AGENCY TERMS & AUTHORITY APPOINTMENT I / We hereby appoint you as SOLE and EXCLUSIVE SELLING AGENT for MARKETING AND SELLING the property and AGREE that during the period of this authority if the property ( or any part of it ) is sold by me / us, or by anyone else not through your instrumentality, that I / We will be liable to pay commission or damages, or both to you, and I / We agree not to grant any other Real Estate Agent any further Agency during the term of this Authority. The term of this AGENCY (AUTHORITY) AGREEMENT shall commence immediately subject to any cooling off period and continue for 90 days until ___________________unless extended by further Sole Agency*GENERAL AGENCY TERMS & AUTHORITY APPOINTMENTI / We hereby appoint you as GENERAL SELLING AGENT for the property on the terms and conditions appearing herein. This agreement shall commence immediately and continue until cancelled by us with notice in writing which shall be effective no earlier than midnight on the _________th working day from the date of service of such notice to you.*COMMISSION SCHEDULE & RECOVERY RIGHTSIf I / We enter into a contract to sell or exchange the property ( or part thereof ) either (a) during the period of this agency or (b) after this agency has ceased, expired, or been cancelled, and any agent appointed under this authority has introduced the purchaser to the property during the period of this agency, and that contract becomes unconditional and binding on the parties whether during or after the period of the agency and whether or not it settles, then I / We agree to pay you commission and / or fees as detailed herein. If the commission is not paid as agreed upon presentation of an invoice I / We agree to pay interest from the date the commission is due, and all costs of collection (including all legal fees on a solicitor and client basis as actually incurred). Further this Agency Contract constitutes a charge being an Agreement to Mortgage for the purposes of the Land Transfer Act 1952 against any property herein agreed to be sold for the amount of commission payable, interest and all costs of collection. The agreed rate of Commission is first a basic fee of $500.00 second 4% of the first $350,000 of the Sale Price as shown in the sale contract, third 2% of the balance of the sale price, fourth plus GST on all fees as above and the sale price is defined as the cash value transferred to the vendor including the value of any benefit or liability so transferred.AUCTION / TENDERI / We hereby instruct you to offer for Sale by Tender / Sale by Auction the property described herein at a Reserve Price to be notified before the Auction, or if by Tender on such Tender Conditions as are agreed and acknowledge we have been advised no additional commission is paid to the salesperson if we choose a Sale by Tender / Sale by Auction. I / We authorise you to sign a sale contract at or above that Reserve Price on the Auction date [but not for any Tender]. IN CONSIDERATION of your accepting these instructions and listing the property accordingly I / We HEREBY APPOINT you Sole and Exclusive Selling Agent for the sale of this property upon the terms and conditions herein appearing and at the commission rate as stated herein. The Term of the Sole Agency shall, subject to any cooling off period, commence immediately and continue until the Auction Date / Tender Closing Date, and if not sold at that date, then for a period of ninety days from today's date until ___________________. At the expiration of the Sole Agency thereafter you are appointed as General Agent under the General Agency terms and conditions until cancelled.* Date Format: MM slash DD slash YYYY SALE AND MARKETING FEESI / We agree to pay the sum of $_____________ to cover any advertising and other marketing, auction and tender costs and I / We enclose this sum herewith and it is agreed any unspent monies will be refunded. If payment is not enclosed then I / We agree to pay the same immediately on receipt of an invoice. This sum is for the agreed advertising, marketing, auction, or tender costs and the Agent hereby warrants that it will not receive any additional individual benefits if auction or tender sale process is chosen, and I / We have been advised that any payment is at our own discretion.*TERMS AND CONDITIONS GENERALThe Vendor(s) and / or any other signatory to this authority acknowledges, warrants, and agrees: 1.(a) You are instructed to collect any deposit on the Vendors behalf and are hereby authorised to deduct any commissions, costs and other expenses from the deposit upon the Agreement for Sale and Purchase becoming unconditional. (b) Where the property being sold is a Unit Title the Vendor agrees that this deduction will be delayed until completion of the obligations under section 147 and 148 of the Unit Titles Act 2010. (c) If a deposit is not received by the Agent the Vendor hereby agrees to pay the Agent any commissions, costs and other entitled expenses at the rate herein and I / We agree to pay the same immediately on receipt of an invoice. (d) The commission may be shared as agreed between you and any other Conjunct Agent who is authorised to sell the property as a Conjunct Sale. (e) During the term of the Agency any signs, photograph(s), electronic advertising, display materials, or Open Day marketing that you consider necessary may be displayed or used for promotional purposes, and if any Open Day is held then the vendor acknowledges and agrees that to the maximum extent permitted by law the Agent shall not be liable for any loss or damage arising from such or any Open Day. (f) That after the Agency has ceased, cancelled or expired that for a further period of 90 days any signs, photograph(s), electronic advertising, display materials, or marketing that you consider reasonably necessary may be displayed or used for your Agencies promotional purposes.AUTHORITIES2. No Agent appointed under this authority is permitted to sign any Agreement for Sale and Purchase for the sale of the property, but may receive any referral fee rebate, discount, or commission associated with or related to this transaction, which is disclosed in the Consent and Disclosure and if any such referral fee, rebate, discount, or commission is received the Agent is entitled to retain the same. 3. The Agent is authorised to collect, publish and use, for marketing and sale purposes all information pertaining to this authority including the price and to supply such information as may be required to effect a sale to other agents appointed under this authority and to any prospective purchasers and to use such information for statistics compiled by the REINZ, RPNZ or for any similar statistical organisation. 4. The Vendor acknowledges that where the service is required for business purposes, then the provisions of the Consumer Guarantees Act 1993 shall not apply and in particular if applicable I / We warrant that we have an OSH Policy in place and hereby agree to make the Agent and any attendee or invitee aware of such OSH Policy, and to disclose, point out or show any hazards of whatsoever nature, and to include the Agent and any attendee or invitee under the terms of such OSH Policy.INDEMNITIES & WARRANTIES TO AGENT5. The Vendor hereby warrants that all chattels / fixtures are free from any PPSA security, charge or encumbrance whatsoever and hereby indemnifies the Agent(s) against any claim or claims by any Purchaser or any other person for compensation in respect to any chattel /fixture. Further the Vendor has read the property description information (including GST status) and warrants that all such information is correct in all respects, and to the maximum extent permitted by law further does hereby provide a full indemnity to the Agent(s) for all or any damages, losses, costs, or fines awarded, howsoever incurred or suffered, either as result of any claim made by any Purchaser, proposed Purchaser, or any other person arising from the use of that property description information, or of any other information or representation(s) whatsoever supplied by or made by the Vendor or the Vendor’s agent(s). 6. The Vendor hereby warrants and undertakes that where any work has been done or permitted to be done on the property (including extensions and alterations to the property) by the Vendor for which an authority, consent, permit or license is required by law an authority, consent, permit or licence was obtained for those works and such works were carried out in accordance with the same. If the property is on a Composite or Unit Title such title is to the Vendor’s best belief free from defect (including extensions and alterations to the property). 7. The Vendor further hereby warrants and undertakes that they have made disclosure of any relevant GST registration, and all or any requisitions, notices, or requirements at the date hereof (including any structural problem with the property, or it’s construction, or materials used in it’s construction) and will inform the Agent of any change in GST registration, or any requisitions, notices, requirements or any structural problem with the property or it’s construction, or materials used in it’s construction, that they become aware of during the period of this Agency.GUARANTEES AND EXECUTIONThis is a legally binding document, please ensure you have read and understood all clauses before signing. 8. If the person(s) signing this authority is /are not the sole owner(s) of the property then they hereby absolutely warrant and represent that they have the necessary authority of all owners to enter into this Authority to make this appointment. If a Trust, they hereby absolutely warrant and represent that all trustees have consented to this Agency appointment and any Trustee executing this contract herein agrees to be personally liable for the payment of fees, commissions, legal fees, interest and other entitled expenses at the rate herein appearing. 9. If a Company, they hereby absolutely warrant and represent that all Directors have consented to this Agency appointment and any Director executing this contract herein agrees to be personally liable for the payment of fees, commissions, legal fees, interest and other entitled expenses at the rate herein appearing.LIST* Res Rural TYPE* Bus Comm PROP* Home Townhouse Unit Apt H&I TYPE* Lifestyle Section Other Design Style*(eg. modern, bungalow)Unit/Apt. No.*Street No.Street Name*Suburb*City*Building NameNo. of Units in BlockLISTING PRICE $*(GST Included) Note: For Fixed Price listings enter a Listing Price. For all other Pricing Methods select both a Min and Max Price Guide.Market As* AUCTION TENDER POA Min $*Price GuideMax $*Price GuideVendor 1 & 2*(Surname first)Vendor Address*Home Phone*MobileWork PhoneFaxEmail* Contact if not ownerSolicitor Co.Acting SolicitorLand Area*m2/HaBuilding Area*m2Local Auth Zoning*LOT*DP*CT*RV*Rates*Further Legal Description*Enquiry Source*Estate Types* Fee Simple Leasehold Crosslease (fee simple) Crosslease (leasehold) Stratum in freehold Stratum in leasehold Unit Title*YesNoIf so has the pre-disclosure form 18 been supplied?Ground Rent ($)*Leasehold - if soPA*Leasehold - if soExpiry Year*Leasehold - if soLessor*Leasehold - if so* Tenancy O/O Vac Tenanted Tenant Name*Phone*Rent p/w ($)*Main Fee per Annum ($)*Body Corp InfoFee per Annum ($)*Body CorpContact*Body CorpChattels Included* Blinds Alarm Curtains Dishwasher Drapes Extractor Fan FFC Garden Shed Gge Door Opener Heated Towel Rail Light Fittings Range Hood Stove Telephone TV Aerial Wastermaster Washing Machine Taps Additional ChattelExcluded ChattelBedrooms (D)*Bedrooms (S)*Age/Years* Under Constr. Less than 1 year Other Rooms Family Room Rumpus Study Sunroom/Conservatory Attic Basement Sleepout Workshop Others OthersHotwater Elec Gas Others OthersHeating Gas Kent Style Open Style Pot Belly Solar Others OthersKitchen Designer Modern Standard Others OthersStove Electric Gas (Ret) Gas (Btld) Others OthersDining Combined Kitchen Seperate Others OthersBathroomsBathrooms/ToiletsSep ToiletBathrooms/ToiletsComb/Bath/ToiletBathrooms/ToiletsEnsuiteBathrooms/ToiletsLounge Lounge/Dining Seperate Others OthersLaundry Seperate Others OthersJoinery Wooden Aluminium Others OthersInterior Features Polished Floors Walkin Wardrobes Air Conditioning Vacuum Ducted Others OthersGaraging No. Garage/Carport Single Double Tandem Carport Off Street (number) Internal Access Lockup Base Fibrolite Block Concrete Pole Wooden Brick Others OthersFencing Fully Partial Others OthersRoof Iron Concrete Tile Decramastic Longrum Colour Steel Shingle Ext Construction Weatherboard Hardiplank Cedar Brick Insulclad Plaster Fibrolite Concrete Block Weatherside Castlewall Swimming Pool Above Ground Inground Spa Pool Floors Single Two Views/Outlook City Rural Sea/Hub Bush Urban Park Frontage Street R.O.W Sewage City Tank Water Supply City Tank Bore Amenities Gas to Street TransportAmenitiesShopsAmenitiesSchools (P)AmenitiesSchools (I)AmenitiesSchools (H)AmenitiesSchools (S/Z)AmenitiesOutdoor Features Decking Pergola BBQ Area Others OthersConfidential Remarks Permit OK Material Remarks Open Homes OK Key/Viewing Instructions Key/Locks Explained Alarm LocationAlarm CodeLock BoxListing CompanyBranchListing Rep (1)Listing Rep (2)DISCLOSURE(S) BY AGENT – CONSENT & ACKNOWLEDGEMENT BY VENDOR / OWNERSOLE / GENERAL AGENCYI / We acknowledge that we have been handed by the Agent, or Salesperson a copy of the Sole / General Agency, the Approved Guide concerning the listing for sale of residential property, a copy of the written Appraisal of Value, and an Estimate of Commission based on the written Appraisal of Value of the property. I / We further acknowledge that at the time we entered into this Agency we did so freely and voluntarily, without any undue influence or duress, and we were offered the right of legal, technical or other advice, and if I / We are dissatisfied we have had explained to us our right to use the Agent’s in-house Complaints process and I / We then entered into the Agency.SOLE AGENCYI / We further acknowledge that there is a “cooling off” period which we can exercise until 5.00pm on the next working day following the date of execution of the Sole Agency by us and we have been advised that a working day is any day that is not a Saturday, Sunday or statutory or public holiday and I / We were told that we may change our mind about listing this property with the real estate agent during a “cooling off” period, and if we do change our mind we must notify the real estate agent by fax or email by 5.00pm on the first working day after the date on which we were given a copy of the Sole Agency.Appraised Value ( CMA ) $ ______________to $ ______________ Estimated Commission payable based on the CMA $ ____________ to $ ______________. The gross commission will be charged as per the attached commission schedule. (In the event of the sale price being more or less than the CMA the gross commission will be charged as per the attached commission schedule).*Value 1*Value 2*Value 1*Value 2AGENTS DISCLOSURE OF BENEFITSWe confirm that in relation to any expense for or in connection with any real estate agency work carried out by the Agent or Salesperson for you in connection with the transaction covered by this Agency that neither the Agent nor Salesperson will receive, and are not entitled to receive any rebates, discounts or commissions. Lochore's Real Estate Ltd offers Property Management Services in addition to its services provided as a licensed Real Estate Agent. In some cases this may potentially involve Financial benefit to Lochore's, if these services are provided for or on behalf of the purchaser of the property the vendor acknowledges that this has been disclosed to them.Expenses to be incurredProvider of rebate, discount or commissionAmount of rebate, discount or commissionThe expenses, if any, are unknown but may include sign costs, media advertising and printing but may be additional if an Auction / Tender sale is chosen.The Providers, if any, are unknown at the time of entry into this Agency.The amount or percentage, if any, is unknown at the time of entry into this Agency but may be additional if an Auction / Tender sale is chosen.Did the Vendor sign the Listing Contract in your presence? Yes No By Fax Email How were they given a copy of the Listing Contract? Personal Delivery Fax Email Date Date Format: MM slash DD slash YYYY Time : HH MM AM PM How were they given a copy of the Approved Guide? Personal Delivery Fax Email Date Date Format: MM slash DD slash YYYY Time : HH MM AM PM I / We as Owners acknowledge that, if the property is a Unit Title, we have either supplied a copy of the Pre-Contract Disclosure as required by the Unit Titles Act 2010, or in the event that we have not, we understand that we will need to supply Lochore's Real Estate Ltd with a copy of the disclosure prior to marketing of the property.Consent* I / We as Owners hereby agree that we have read, understood, and accepted these Terms, Conditions, and Disclosures and further agree that I / We entered into this Agreement freely and voluntarily, without any influence or duress, and were advised of the right to obtain Legal Advice before signing.Client Due Diligence — The Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (AML/CFT Act) applies to the Agent and all other New Zealand real estate agents. The AML/CFT Act requires the Agent to assess the money laundering and terrorist financing risk that the Agent may face in its business and to identify and report potentially suspicious activity. In order to make that assessment, the Agent is required to carry out customer due diligence if the client has not engaged the Agent previously. In certain circumstances the Agent may be required to carry out customer due diligence even if the Client has previously engaged the Agent. The Client acknowledges and agrees that: 1. The Agent may collect information about the Client to undertake customer due diligence and take any other steps that may be necessary to comply with the AML/CFT Act. 2. The Agent may use customer due diligence services (including electronic based services from a third party) to verify the Client's identity and conduct customer due diligence under the AML/CFT Act. 3. This agreement is not effective and a business relationship for the purposes of the AML/CFT Act is not formed until customer due diligence has been completed. Until customer due diligence has been completed the Agent is not able to perform any of its obligations under this agreement. 4. If the Client does not provide the necessary information or documents required to complete customer due diligence or the Agent at any stage suspects that the business relationship or transaction is unusual or otherwise breaches the AML/CFT Act, the Agent may: a. refuse to proceed with this agreement, suspend its obligations under this agreement, or terminate this agreement; b. delay, block or refuse to process a transaction; and c. report a transaction When it is necessary for the information to be given to a person in connection with the provision of a service to Lochore's Real Estate, such as auditors and supervisors, everything reasonable within the power of Lochore's Real Estate is done to prevent unauthorised use or unauthorised disclosure of the information from that person.
