LookingToSell Agent Agreement

This Agreement is made between:

• LookingToSell Pty Ltd (ABN 16 690 098 821) trading as LookingToSell (“LookingToSell”, “we”, “us”, “our”), and
• The real estate agent and/or real estate agency accepting these terms (“Agent”, “you”, “your”).

By registering with LookingToSell, you agree to be bound by this Agreement.

1. Introduction

LookingToSell provides qualified property sales leads to licensed real estate agents via our website and platform.

This Agreement governs your participation as an Agent and your use of leads supplied by us.

Our service relates only to property sales opportunities. We do not provide leads for property management, rentals, or let-only engagements.

2. Definitions

• Lead means the details of a property owner (or their authorised representative) who has expressed an interest in selling their property and is introduced to you by LookingToSell.
• Service Fee means the fee payable to LookingToSell under clause 5.
• Sale means the completed sale of a property by you or your agency arising from a Lead.
• Business Day means a day other than a Saturday, Sunday or public holiday in Australia.

3. Registration & Agent Obligations

• You must be a licensed real estate agent or agency authorised to conduct property sales in the relevant jurisdiction.
• You must provide accurate, current information for your profile and keep it updated.

You agree to:

• act professionally, courteously and lawfully in dealings with leads;
• comply with all applicable laws, including the Australian Consumer Law and Privacy Act 1988;
• notify LookingToSell of the status of any Lead in accordance with clause 6.

4. Our Role

• We introduce you to property owners who are considering selling their property.
• We do not guarantee that any Lead will result in a sale.
• Our role is limited to providing introductions. We are not a party to any contract between you and a vendor.

5. Fees

• You must pay a Service Fee to LookingToSell in relation to any Sale of a property arising from a Lead.
• Service fee is 0.395% of sale price, capped at $4,750 + GST.
• A Service Fee is payable if a Sale occurs within 12 months of the Lead being referred to you.
• The Service Fee is payable whether the property is sold by you, your agency, or any associated representative.

6. Reporting & Invoicing

• You must notify us in writing within 5 Business Days if:
  • you sign a sales authority for a referred property; or
  • a contract of sale is signed (including the sale price and completion date).
• We will issue a tax invoice once a Service Fee becomes payable.
• All invoices are due within 7 days of issue by electronic transfer.
• Interest may be charged on overdue amounts at the rate prescribed by the Penalty and Interest Rates Act 1983 (QLD) plus 2%.
• You agree to reimburse our reasonable costs of collection (including legal fees) if payment is not made.

7. Waivers

• You may request a waiver of the Service Fee if you had a valid, signed Sales Authority with the vendor before we provided the Lead.
• To request a waiver, you must provide written evidence to us within 7 days of receiving the Lead.
• If you fail to notify us or provide evidence within this period, the Service Fee will remain payable.

8. Termination

• Either party may terminate this Agreement for convenience with 14 days’ written notice.
• We may immediately suspend or terminate this Agreement if you:
  • fail to pay any invoice when due;
  • breach this Agreement and do not remedy the breach within 7 Business Days of notice;
  • lose your licence or authorisation to act as a real estate agent; or
  • engage in conduct that may damage our reputation.
• Termination does not affect your obligation to pay Service Fees for Leads referred prior to termination.

9. Confidentiality & Privacy

• You must treat all Leads and related information as confidential and use them only for the purpose of securing a Sale.
• You must comply with the Privacy Act 1988 and only use Lead information for lawful purposes.

10. Liability & Indemnity

• We make no warranty that any Lead will result in a Sale.
• To the maximum extent permitted by law, our liability is limited to either:
  • resupplying the services; or
  • paying the cost of resupplying the services.
• You indemnify us against any claims, losses, or expenses arising from your conduct with Leads or vendors.

11. GST

• All fees are exclusive of GST. You must pay GST in addition to the Service Fee.

12. Governing Law & Disputes

• This Agreement is governed by the laws of Queensland, Australia.
• Any disputes must first be raised via the Contact section of our website at lookingtosell.com.au.
• If a dispute is not resolved within 30 days, either party may pursue its rights through the courts of Queensland.

13. General

• Nothing in this Agreement creates an employment, partnership, or joint venture relationship.
• We may update these terms from time to time by notice on our website, effective 14 days after posting.
• Your continued use of our service after that date constitutes acceptance of the updated terms.