BUYER AGENCY AGREEMENT (Schedule FM1140 – REISA) 1. PURCHASER Purchaser 1 – Legal Entity / Full Name(s) ABN (if applicable) Email Address Primary Contact Telephone Primary Contact Address Additional Purchasers – Refer to Annexure 2. AGENT Company Name / Legal Entity Company Representative RLA Number ABN / ACN Telephone Email 3. TERM Commencement Date Expiry Date OR number of days from commencement: 4. SERVICES (tick as applicable) Research, locate and present properties Negotiate purchase terms Other: 5. PROPERTY DESCRIPTION Price Range – Minimum ($) Price Range – Maximum ($) Preferred Locations Minimum Bedrooms Minimum Bathrooms 6. ENGAGEMENT FEE Engagement Fee (GST inclusive) 7. COMPLETION FEE Completion Fee (GST inclusive) 8. SPECIAL CONDITIONS 9. AGENT BENEFITS No benefits known Refer Form R2 attached TERMS AND CONDITIONS 1. Definitions In this Agreement, unless the context otherwise requires: Agent means the buyer’s agent named in Item 2 of the Schedule. Agreement means this Buyer Agency Agreement including the Schedule and any annexures. Completion Fee means the fee payable under clause 7. Engagement Fee means the fee payable under clause 6. Property means any real property acquired by the Purchaser during the Term. Purchaser means the purchaser named in Item 1 of the Schedule. 2. Appointment The Purchaser appoints the Agent as its exclusive buyer’s agent to act on behalf of the Purchaser to locate, negotiate and assist with the acquisition of property in accordance with this Agreement. The Agent accepts the appointment and agrees to act in the best interests of the Purchaser at all times. 3. Term This Agreement commences on the Commencement Date and continues until the Expiry Date or until terminated earlier in accordance with this Agreement. 4. Services The Agent must provide the services specified in Item 4 of the Schedule with reasonable skill, care and diligence. The Agent is not responsible for structural, pest, financial or legal advice unless expressly agreed in writing. 5. Authority The Purchaser authorises the Agent to communicate with selling agents, vendors and third parties for the purposes of performing the Services. 6. Engagement Fee The Purchaser must pay the Engagement Fee specified in Item 6 of the Schedule upon signing this Agreement. The Engagement Fee is non-refundable unless otherwise agreed in writing. 7. Completion Fee The Purchaser must pay the Completion Fee specified in Item 7 of the Schedule upon exchange or settlement of a Contract for Sale for a Property. The Completion Fee is payable whether the Property is acquired directly or indirectly by the Purchaser during the Term. 8. GST All fees are inclusive of GST unless stated otherwise. 9. Termination Either party may terminate this Agreement by written notice if the other party commits a material breach and fails to remedy that breach within a reasonable time. Termination does not affect accrued rights or obligations. 10. Indemnity The Purchaser indemnifies the Agent against any loss, claim or liability arising from instructions given by the Purchaser, except to the extent caused by the Agent’s negligence. 11. Governing Law This Agreement is governed by the laws of South Australia. PRIVACY COLLECTION STATEMENT The Agent collects personal information about the Purchaser for the purpose of providing services under this Agreement. The personal information collected may be disclosed to third parties including selling agents, vendors, financial institutions, conveyancers, solicitors and service providers as reasonably required to perform the Services. Failure to provide the requested information may prevent the Agent from properly performing the Services. The Purchaser may access and request correction of personal information held by the Agent by contacting the Agent using the contact details provided in this Agreement. DISCLOSURE OF BENEFITS The Agent discloses that, except as stated in Item 9 of the Schedule, the Agent is not aware of any rebates, discounts, commissions or benefits payable in connection with the acquisition of a Property. WARNING AND ACKNOWLEDGEMENT The Purchaser acknowledges that the Agent is not providing legal, financial, taxation or structural advice and that independent professional advice should be obtained before entering into any Contract for Sale. The Purchaser acknowledges that market conditions, pricing and availability of properties are subject to change and no guarantee is given that a suitable Property will be acquired. ELECTRONIC COMMUNICATION The Purchaser consents to receiving documents, notices and communications relating to this Agreement electronically, including by email. I consent to receive documents and communications electronically ACKNOWLEDGEMENT By signing this Agreement, the Purchaser acknowledges that they have read and understood this Agreement and have been given the opportunity to seek independent advice. This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations and representations. EXECUTION This Agreement is executed as a deed on the date(s) set out below. PURCHASER Purchaser Name Signature Clear Signature Date ADDITIONAL PURCHASER (IF APPLICABLE) Purchaser Name Signature Clear Signature Date AGENT Agent / Company Name Signature Clear Signature Date FM1140 Buyer Agency Agreement © REISA 💾 Save Progress 📥 Download Signed PDF 🗑 Clear Form
