Agent Referral Terms & Conditions

By registering with our platform and accepting a referral, you acknowledge and agree to the following Terms & Conditions.

1. Referral Fee

Where a client referred to you through our platform appoints you or your agency to sell their property, and the property subsequently sells and settles, a referral fee equal to 20% of the gross selling commission received or receivable in connection with the sale will be payable to us.

Unless otherwise stated, the referral fee will be calculated on the selling commission exclusive of GST.

The referral fee applies regardless of whether the property is sold by you personally, another agent within your agency, your office, or an associated office or entity, subject to these Terms & Conditions.

2. Existing or Previous Client Relationships

Our referral is based on the client approaching our service for assistance in selecting an agent and our decision to refer that client to you.

A previous or existing relationship between you, another agent within your agency, your office, or your agency and the referred client does not automatically invalidate our referral or the applicable referral fee.

This includes, but is not limited to:

Previous appraisals;
Existing database records;
Previous buyer or seller enquiries;
Past transactions;
Prospecting or marketing activity;
Previous contact with the client;
Personal or professional relationships; or
Contact between the client and another agent within your agency.

By accepting the referral, you acknowledge that the client has approached our service for assistance and that we have selected you as an agent to represent our service and assist that client.

Any internal commission arrangements, database ownership disputes, office allocations, agent relationships or other internal agency matters are the responsibility of you and your agency and do not affect the referral arrangement accepted through our platform.

3. Acceptance Before Lead Details Are Released

Client-identifying information will only be released after you have accepted these Terms & Conditions and accepted the specific referral.

By selecting “I Accept & View Referral”, you are entering into the referral arrangement and agreeing to the applicable referral fee and these Terms & Conditions.

If you believe there is any reason you cannot accept the referral on these terms, you must decline the referral before accessing the client's identifying information.

Once the referral has been accepted and the client's identifying information has been released, the referral will be considered accepted in accordance with these Terms & Conditions.

4. No Circumvention

You must not attempt to avoid or circumvent the referral fee by transferring, redirecting or allocating the referred client to another agent, salesperson, office, related entity or associated business.

Where a referral has been accepted and the referred client subsequently lists and sells through you, your agency, another agent within your agency, your office, or an associated office or entity as a result of the referral, the applicable referral fee remains payable.

Changing the agent responsible for the client, transferring the listing internally, changing offices or otherwise reallocating the client does not, by itself, extinguish the referral arrangement.

5. Notification of Listing and Sale

You agree to keep us reasonably informed of the progress of an accepted referral.

You must promptly notify us when:

An appraisal has been completed;
The client signs a sales authority or otherwise appoints you or your agency;
The property is listed for sale;
A Contract of Sale is entered into;
The Contract of Sale becomes unconditional; and
Settlement occurs.

You agree to provide reasonable information required to verify the sale, settlement and selling commission for the purpose of calculating the applicable referral fee.

6. Invoicing and Payment

Once a referred property's Contract of Sale becomes unconditional, an invoice will be issued for the applicable referral fee.

The referral fee will be calculated as 20% of the gross selling commission received or receivable in connection with the sale, calculated in accordance with these Terms & Conditions.

All referral fee invoices are payable on the 1st day of the month immediately following settlement of the property.

For example, if a property becomes unconditional on 15 August and settles on 20 September, the referral fee will be payable on 1 October.

If settlement is delayed, extended or does not proceed, payment of the referral fee will not be required until settlement has occurred.

You agree to notify us promptly when the property becomes unconditional and again when settlement has occurred.

7. Referral Period

Unless otherwise agreed in writing, a client introduced through our platform remains a referred client for 12 months from the date the referral is accepted.

If the referred client appoints you, your agency or an applicable associated office or entity during this period and the property subsequently sells and settles, the referral fee remains payable even if the sale or settlement occurs after the 12-month referral period.

8. Client Choice

A referral does not guarantee an appraisal, appointment, listing, sale or commission.

The client remains free at all times to select whichever agent or agency they choose.

You are responsible for your own representations, advice, conduct, regulatory obligations and services provided to the referred client.

Nothing in these Terms & Conditions requires a client to appoint a particular agent or agency.

9. Agent and Agency Responsibilities

You are responsible for ensuring that your dealings with referred clients comply with all applicable laws, professional obligations, licensing requirements and agency policies.

Our role is to introduce and refer clients. We are not responsible for the services, representations, advice or conduct provided by you or your agency following the referral.

Any agreement between you and the referred client remains separate from the referral arrangement between you and us.

10. Authority to Accept

By accepting these Terms & Conditions and/or an individual referral, you confirm that you have the authority to enter into this referral arrangement personally and, where applicable, on behalf of your agency or employing entity.

If your agency requires approval for referral fee arrangements, it is your responsibility to obtain that approval before accepting and accessing the referral.

An internal agency policy, commission arrangement or approval requirement does not invalidate an otherwise accepted referral.

11. Electronic Acceptance and Records

Acceptance of these Terms & Conditions and individual referrals may occur electronically through our platform.

Electronic acceptance will constitute acknowledgement and agreement to these Terms & Conditions.

We may retain records relating to the acceptance of a referral, including:

Agent name;
Agency;
Referral identification number;
Date and time of acceptance;
Version of the Terms & Conditions accepted; and
Other relevant electronic records associated with the acceptance.

These records may be used to verify the referral arrangement and the terms accepted by the agent.

12. Changes to These Terms

We may update these Terms & Conditions from time to time.

Any updated Terms & Conditions will apply to referrals accepted after the updated terms take effect.

Unless otherwise agreed, changes to these Terms & Conditions will not retrospectively alter the terms applying to a referral that has already been accepted.

13. Acceptance

By selecting “I Accept & View Referral”, you confirm that:

You have read and understood these Terms & Conditions;
You agree to be bound by these Terms & Conditions;
You understand that accepting the referral creates a referral arrangement between you and us;
You understand that a 20% referral fee will apply where the referred client lists, sells and settles in accordance with these Terms & Conditions;
You understand that a previous relationship between the client, you, another agent or your agency does not automatically invalidate the referral;
You agree not to circumvent or attempt to avoid the referral arrangement; and
You confirm that you have the necessary authority to accept the referral.