The following terms and conditions are an abridged version of our full T&C which can be viewed by clicking their link on the footer section of our website. This has been done to assist the reader in viewing those terms that relate specially to the supply of our service to our members.
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. The materials contained in this web site are protected by applicable copyright and trade mark law.
Sell My Property Now (referred to below as SMPN) is a web based facilitator of real estate services. It provides the opportunity for private sellers to list their property and to market their property without engaging a traditional real estate agent.
SMPN reserves the right to change these Terms and Conditions, this website and other polices at any time and from time to time. Revised Terms and Conditions will be made available on this website and you are responsible to review Our Terms and Conditions from time to time to check for updates. You agree and consent to the Revised Terms and Conditions by continuing to access this website.
The Seller hereby acknowledges that:
a. the Seller warrants that he/she is the legal owner of the property being listed on SMPN and that the Certificate of Title of the listed property can thus verify this requirement if need be or requested of by SMPN.
b. the seller also warrants that they have given the right and authority to SMPN to advertise their property on our real estate portals. Thus we require you sign an ‘authority to list’ form and return this to our office. This form will be sent along with our welcome to our service letter at the time of sign up.
c. the seller is also responsible for providing the correct details of their property’s address and for supplying their own and full contact details within their own members account.
d. for the purpose of the Property Stock and Business Agents Act 2002 (NSW) and the Agents Act 2003 (ACT) SMPN does not act on behalf of the seller in relation to a sale and therefore will not conduct a preliminary physical inspection of the property.
Any violation of the above points (a to e) will result in the seller’s property being removed from all real estate website portals and no refund of any kind will be provided.
SMPN subscribes to paid and non paid third party sites (“Partner Sites”). Access to these sites is at the absolute discretion of SMPN and SMPN does not guarantee the continuity of these sites or their performance.
4a. It is possible, though doubtful, that any one of these “Partner Sites” such as Realestate.com.au; Domain.com.au; 1300 Alltel and others may decide to no longer allow the listing of our clients properties onto their portals. If this were to ever occur no refund of payment (in full or part thereof) will be given.
4b. Due to ‘acts of god’ like the current Covid-19 epidemic which can create an uncertain financial future, it is also up to the management of SMPN whether any contractual agreement with a “Partner Site” remains active and if a decision is made to cease operation for any reason whatsoever with any of our third party sites (like Domain.com.au), 14 days notice will be given to existing members advising of such decision to cease listing on that “Partner(s) Site”. This notice will be posted as an addendum under the heading of ‘notice to existing members’ and in some cases members may also be notified directly.
No refund of the original payment (in full or part thereof) will be given on any property that still remains listed once the 14 day period has ended.
4c. In the unexpected or unlikely event that the business of SMPN must cease due to an incapacity as a result of health of the Owners; bankruptcy; merging the business with another company; the business being sold or a similar occurrence, 14 days notice will be given to all existing members advising of such occurrence and no refund of the original payment (in full or part thereof) will be given on any property that still remains listed once the 14 day period has ended.
4d. In any occurrence of points b and c above, notice to the members will be undertaken by issuing a statement at the end of these terms and conditions. It is in the best interests of the member to keep himself up to date with our terms and conditions as they are amended from time to time.
The fee we charge is for a single property per listing and includes an administration charge in creating the property profile secure members area for your use and including the online advertising campaigns. This also applies to the listing of land where only one titled block is allowed to be offered per purchased listing package.
All transactions are processed in Australian Dollars (AUD) and all charges are inclusive of GST.
a. Money Back Guarantee Service Clause: This is offered for a period of up to 5 days after the listing fee has been paid or until your listing has gone ‘live’ (whichever is the earliest). We do not refund any fee specifically paid for a ‘featured’, ‘highlight’ or ‘premiere’ ad on realestate.com.au once that listing has gone live.
b. In the event that SMPN ceases to provide REA’s 30 or 60 day Premiere Ad product, along with all the features therein included, due either because this product is no longer provided by Realestate.com.au or SMPN terminates their Premiere Ad subscription, no refund (wholly or partially) will be offered for any listing feature or upgrade that was originally included within the Premiere Ad product offering.
Additionally, no refund will be given in the event that a current member purchases a ‘featured’, ‘highlighted’ or ‘premiere’ listing ad upgrade on Realestate.com.au once the upgraded ad has been activated live on their property’s listing.
If it found that a member requesting his money back under this service clause has broken any of the remaining points of our general terms & conditions herein then that member forfeits any rights to receive a return of their payment. Also, if certain of our Terms such as those of say point 4, were ever to occur then our money back guarantee would not be offered or provided in those cases.
In relationship to our sales ‘Listed Until Sold’ packages, the property will be listed until sold or we are instructed by you to remove the listing. If a property is withdrawn or taken off the market for any reason we may charge a re-connection fee if you wish to relist at a later time. Regarding our residential ‘Rental’ Package, your property is listed until leased or withdrawn. All requests to remove listings must be addressed to [email protected]. We require a minimum 2 business days notice of your request to remove a listing. A failure to give the required notice may result in you being charged an administration fee.
8a. As soon as your property is under a signed contract of sale or a signed lease agreement you must inform SMPN within a maximum of 72 hours. Failure to do so may result in further fees being applied to your account.
Under No circumstances are you to enter your contact details including contact name, contact number, email address etc. on your listing as Realestate.com.au and the other real estates website strictly forbid this. Also, you are not to state in your listing that this is a Private Sale.
Any violation of the above could result in you listing being removed from all website portals immediately and no refund of payment received will be given. These conditions are as demanded by the real estate portals.
Any claim relating to Sell My Property Now’s web site shall be governed by the laws of the State of NSW Australia without regard to its conflict of law provisions.
These terms and conditions were last amended on 27 June 2021.
