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. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
2.What we Provide
Sell My Property Now 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.
Sell My Property Now 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.
3. Limitation of Services
The Seller hereby acknowledges that:
a. the Seller warrants that he/she is the legal owner of the property being listed on Sell My Property Now and that the Certificate of Title of the listed property can thus verify this requirement if need be or if requested of by Sell My Property Now.
b. the seller also warrants that they have given the right and authority to Sell My Property Now 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) Sell My Property Now 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.
4. Third Party Sites
Sell My Property Now subscribes to paid and non paid third party sites (“Partner Sites”). Access to these sites is at the absolute discretion of Sell My Property Now and Sell My Property Now does not guarantee the continuity or performance of these sites.
4a. It is possible, though doubtful, that any one of these “Partner Sites” such as Realestate.com.au; Domain.com.au; RealCommercial; 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. It is also up to the management of Sell My Property Now whether any contractual agreement with a “Partner Site” remains active and if a decision is made to cease operation with any of our third party sites 30 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 within these Terms & Conditions 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 30 day period has ended.
4c. In the unexpected or unlikely event that the business of Sell My Property Now must cease due to an incapacity as a result of health of the Owners; bankruptcy; 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 one 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.
Your failure to comply with any of the terms and conditions contained herein may result in your property being immediately removed from Sell My Property Now at our sole discretion and no refund of payments already made would be given.
6. Disclaimers and Exclusions
You acknowledge and agree that Sell My Property Now makes no warranty of any kind to you, to the fullest extent permissible by law, in respect of any matter, including, without limitation:
a. In respect of the Services: their fitness for purpose, or suitability for you;
b. the infringement of third party rights;
c. the functionality and operation of the third party sites that a listing is uploaded to, including these sites apps, mobile apps, websites, email and support systems;
d. any third party associated with performing the Services, at the request of Sell My Property Now or otherwise, and their ability to provide such Services; or
e. the accuracy of any information contained in this website or otherwise communicated by Sell My Property Now .
Sell My Property Now does not accept any liability for any loss or damages resulting from your reliance on the information supplied on this website. Sell My Property Now strongly advises that you seek professional advice before deciding whether to engage Sell My Property Now to provide the Services.
To the fullest extent permitted by law, neither Sell My Property Now nor any of its affiliates, employees, subsidiaries, Real Estate Licensee or holding company shall be liable for any damages of any kind, including without limitation, direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this website or with the use of any information contained herein or otherwise communicated to you by Sell My Property Now, for any reason whatsoever, including without limitation the use or inability to use this website by any party, the failure to perform, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, loss of profit or income.
Sell My Property Now makes no representations or guarantees that a person using this site will sell their home or business nor rent or lease their property.
7. Fees and Charges
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.
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 T&C 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 do 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 (or up to a rental maximum of 5 months). All requests to remove listings must be addressed to info@SellMyPropertyNow.com.au. We require a minimum 3 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 Sell My Property Now within a maximum of 72 hours. Failure to do so may result in further fees being applied to your account.
9. Your Contact Details
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, under No circumstances are you to state in your listing that this is a Private Sale.
Any violation of the above will 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.
To access your client profile you will be issued with a username and password (UNPW). Once you log in you will be able to make changes to your listing, update inspection times, amend property descriptions and upload or change photography.
You should immediately notify Sell My Property Now if you consider that someone has accessed your client profile without your authorisation.
Sell My Property Now must verify all uploads and amendments to all profiles. This process can take up to 1 business day but is normally completed within 2 hours of creating a listing.
11. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Sell My Property Now’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
* modify or copy the materials;
* use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
* attempt to compile or reverse engineer any software contained on Sell My Property Now’s web site;
* remove any copyright or other proprietary notations from the materials; or
* transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Sell My Property Now at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on Sell My Property Now’s web site are provided “as is”. Sell My Property Now makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchant ability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Sell My Property Now does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
13. Revisions and Errata
The materials appearing on Sell My Property Now’s web site could include technical, typographical, or photographic errors. Sell My Property Now does not warrant that any of the materials on its web site are accurate, complete, or current. Sell My Property Now may make changes to the materials contained on its web site at any time without notice. Sell My Property Now does not, however, make any commitment to update the materials.
Sell My Property Now has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Sell My Property Now of the site. Use of any such linked web site is at the user’s own risk.
15. Governing Law
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 1 August 2018.