Gillies and Mark Real Estate, Upper Hutt and Wellington, New Zealand
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Standard Listing Agreement

PLEASE NOTE:

These are standard terms and conditions. Some Listing Agreements may differ slightly.

The Vendor (s) and/or any other signatory to this authority acknowledge, warrants, and agrees:

1. (a) You are instructed to collect any deposit on the Vendors behalf

(b) You shall be authorized to deduct any fees, commissions and other entitled expenses from the deposit

(c) If a deposit is not received by the Agent the Vendor hereby agrees to pay the Selling Agent any fees, commissions and other entitled expenses at the rate herein appearing forthwith upon receipt of an invoice

(d) The fee may be shared as agreed between the Agent and any other agent that becomes the Selling Agent who is authorized to sell the property under the terms of this authority

(e) Any signs, photograph(s), electronic advertising, or display materials that you consider necessary may be displayed or used for marketing or promotional purposes

2. No Agent appointed under this authority is permitted to sign any Agreement for Sale and Purchase for the sale of the property

3. The Agent is authorized 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 REINZ.

4. The Vendor has read the property description information herein and certifies that such information is true and correct in all respects, and does confirm that the listed price is in accordance with my/our instructions and does hereby provide a full indemnity to the Agent (or any Sub-Agent) for all damages, losses or fines awarded or suffered howsoever as a result of any claim arising from the use of that property description information or of any other information whatsoever supplied by the Vendor. Further the Vendor hereby indemnifies the Agent(s) against any claim or claims by the Purchaser or any other person for compensation in respect to any chattel or fixture of the property which the Vendor further warrants is free from charge or encumbrance whatsoever.

5. The Vendor warrants and undertakes that where work has been done or permitted to be done on the property by the Vendor for which an authority, consent, permit or licence 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 and if the property is on a Composite or Unit title such title is to the Vendor’s best belief free from defect.

6. The Vendor further warrants that they have made disclosure of all requisitions, notices, or requirements at the date hereof and will inform the Agent of any requisitions that they become aware of during the period of this agency.

7. If the Agency appointment herein is a Sole Agency appointment then the Vendor agrees to immediately cancel all other current Agency Appointments, and acknowledges that I/we have been advised to cancel all existing agency appointments and of the consequences of unilateral termination, and further that the Agency shall have the sole right to place any “FOR SALE” signs on the property

8. The Vendor acknowledges that the Agent may receive a commission for arrangement of any mortgage broking or insurance services which may be arranged on behalf of any purchaser.

9. If the person signing this authority is not the sole proprietor/owner of the property then they hereby absolutely warrant and represent that they have the necessary authority of all proprietors/owners to make this appointment

10. The Vendor acknowledges that where the service is required for business purposes, then the provisions of the Consumer Guarantees Act 1993 shall not apply

11. The Vendor herein agrees and acknowledges that this Authority shall and does hereby constitute an Agreement to Charge the property agreed to be sold pursuant to the Land Transfer Act 1952 to the value of any Commission due and payable

   
 
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