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Our agreement with you, in plain English.

  1. We charge a service fee, but only when you complete a transaction. We only succeed when you succeed.

  2. When you’ve completed your agency proposal, we’ll submit it on your behalf to any future homeowners that register in your target areas. You can choose to stop at any time.

  3. You are agreeing to pay a fee when you are successful with any property we send you, not just the first one.

  4. Information you give us will never be made public on our website, and we’ll inform you every time it’s shared with a homeowner in your target area. 

  5. If your branch already has a contractual relationship with a homeowner we send you, you will not be charged a service fee.

  6. Most agency branches work as a team, so we’ll charge a service fee for successful transactions regardless of the listing agent.

  7. If the owner requests letting information and then you sell it, we’ll charge the service fee relevant to the sale, and vice versa.

  8. Sometimes you’ll receive a phone number, sometimes you won’t. This is the homeowner’s choice and doesn’t affect the service fee.

  9. If you share the lead with anyone outside your branch, you’ll be charged a service fee when they transact. Please don’t do it.

  10. We think it’s fair that you inform us of successful listings and transactions. We’ll ask you to cover our costs if we need to search for them ourselves. (£95 each time)

Service fees*
  • Sales = 0.3% of the final price on completion
  • Let only = 2% of annual rent
  • Let & Manage, or manage only = 3% of annual rent on management authority commencement,

*Because our head office is in Australia, you won’t need to pay any VAT.


LocalAgentFinder Agent Terms & Conditions - complete

Effective 14 November 2014


Definitions of all capitalised terms can be found at the end of these Terms & Conditions.


Clause 1 Contracting parties

1.1 These Terms & conditions create a legally binding obligation between:

i LocalAgentFinder;

ii the Agency; and

iii the Agent.

1.2 By accepting these Terms & Conditions the Agent agrees that he/she has the authority to bind the Agency to the agreement.


Clause 2 Provision of Service and grant of licences. 

2.1 Subject to these Terms & Conditions and in consideration of the payment of all Fees when due, the Company agrees to provide the Service to You for use in connection with the marketing and provision of property services to Clients referred to You by the Company.

2.2 In order to use the Company's Service and systems, You must conform to quality standards and other guidelines which may be specified or communicated on the Site from time-to-time.

2.3 You may not use the Company's Service except as expressly stated in these Terms & Conditions.

2.4 Once You have completed your Agency Proposal Template, we will provide an Agency Proposal based on the template to all existing and future LocalAgentFinder Clients who match your stipulated requirements, unless You ask us to stop doing so in writing.    Following Clients' reviewing your Agency Proposal we will provide Property Details to You. 

2.5 On completion of an Agency Proposal Template, You agree that the Company will, subject to Clause 2.7, provide an Agency Proposal based on that template to existing and future Clients of the Company that match parameters stipulated by the Agent that may include but not be limited to transaction type such as sale or letting, property postcode and estimated property valuation. All Property Details provided to You following a Client's review of your Agency Proposal on this basis will attract Fees as outlined in Clause 3.

2.6 In the event that You no longer wish to submit Agency Proposals You must notice the Company in writing.  Such notification does not remove Your liability to pay Fees in respect of Property Details provided prior the date of notification. Email notification will be accepted on confirmation of receipt by LocalAgentFinder.

2.7 The Company is under no obligation to submit any Agency Proposal to Clients that match Your stipulated parameters. Some things that the Company may take into account when deciding to submit Your Agency Proposal to Clients are, but not limited to:

i the amount of time since You or any representative of the Agency has had contact with the Website or Company;

ii the outcome of Your previous Agency Proposals; and

iii any other factors considered relevant in our sole discretion.


Clause 3 Fees.

3.1   By accepting these Terms & Conditions, you agree to pay to the Company the following Fees, subject only to Clause 3.6:

3.2    Service Fees. Where You have a successful transactions with respect to properties where Property Details were provided to You by LocalAgentFinder:

i In the case of the sale: 0.3% of the sale price of the property payable on the earlier of:

a) completion or settlement of the sale contract; and

b) receipt by You of the sale commission from the property owner (for example, in the case of a deposit release or equivalent).

ii In the case of letting-only: 2% of the first year's rent is payable on the earlier of:

a) commencement of the tenancy or tenancy agreement;

b) receipt by You of the letting commission from the property owner or tenant. 

iii  In the case of securing a mandate to manage (including let-and-manage or manage-only): 3% of the first year's rent is payable on the earlier of:

a) commencement of the tenancy or tenancy agreement; or management authority.

b) receipt by You of the letting commission from the property owner or tenant. 

3.3 Service Fees are payable regardless of whether:

i the Property Details  were originally provided in connection with a sale, letting or a property management opportunity;

ii the specific content of the Agency Proposal including Agency commission and fees is accepted by the property owner;

iii the property owner is a Related Entity, or has made previous enquiries with the Agency or a Related Entity regarding the property, except where you have satisfied clause 3.6

iv the sale or letting is concluded or management secured by: a representative of the Agency other than the Agent; a Related Entity; or any third party (including but not limited to estate agencies or letting companies) to whom you passed on the Property Details;

v the Agent or other representative who was provided the Property Details no longer works for the Agency;

vi the property owner is someone other than the person registering the property with LocalAgentFinder (for example where a partner of the owner registers the property or where the property is owned by a company or trust); or

vii another agent(s) and/or agency was engaged by the Client prior to you.

3.4 Other amounts payable:

i Interest. Payments not made by the due date will accrue interest at a rate of 1.5% per month, pro-rata (or the highest rate permitted by law, whichever is the lesser) from the due date, until payment date.

ii Costs. You agree to reimburse the Company for any costs, expenses, or fees expended by the Company in connection with any collection efforts against You, including reasonable internal and external legal or collection fees.

iii Property-tracking Fees. Failure to notify LocalAgentFinder within 2 business days:

a) of Your entering into a contract to let, manage or sell or renew a property in accordance with clause 4.1.v will incur a property-tracking fee of £95; and

b) that a property has been sold or let, or a management authority has been signed in accordance with clause 4.1.v, will incur a property-tracking fee of £95.

3.5 The Company will not charge a Service Fee if You:

i provide the Company within 5 business days following provision of the Property Details with:

a) A current property management authority dated earlier than the provision of the Property Details, signed by both You and the property owner; or

b) A current sales or letting authority dated earlier than the provision of the Property Details, signed by both You and the property owner.

3.6 VAT

i LocalAgentFinder is an Australian Entity and as such currently VAT is not payable on Fees. At any stage the legal structure of LocalAgentFinder may change to render VAT payable in which case all amounts quoted in these Terms & Conditions are VAT exclusive amounts.

ii Terms used in this clause 3.6 have the same meaning as those terms in Value Added Tax Act 1994.

iii A party must pay VAT on a Taxable Supply made to it under this Agreement. It must do so at the same time and in the same manner as it is required to pay the consideration for the Taxable Supply to which the VAT relates.

iv A party making a Taxable Supply to another party under this Agreement must issue a tax invoice in the format required by law to the other party for the Taxable Supply. The tax invoice must set out the amount of the VAT payable by that other party. The tax invoice must be issued at the same time as the consideration for the Taxable Supply is due.

3.7  Payment terms. Payment of Fees is required within 7 days of the date on which the payment falls due.  Payment of Fees within 7 days is essential.


Clause 4 Agent and Agency responsibilities. 

4.1 The Agent agrees to:

i disclose these Terms & Conditions and the fact that he or she has entered into this Agreement to the Agency and any other authorised representatives of the Agency using, or likely to use the Service;

ii provide accurate details to the Company for inclusion on the Site - including, but not limited to, the Agent and Agency Branch Manager or Director's name, their contact details, including: the Agency's telephone number; and applicable email addresses; and any other information reasonably required by the Company from time to time;

iii undertake his or her own evaluation of Property Details;

iv promptly consider and respond to any Property Details in good faith;

v promptly, and in any event within no later than 5 business days, advise LocalAgentFinder in writing, by email or by using tools provided by LocalAgentFinder within the online agent dashboard:

a) upon signing an authority to manage a property, or list a property for sale or letting in respect of Property Details provided to You by LocalAgentFinder;

b) upon signing a contract of sale or tenancy agreement in respect of Property Details provided to You by LocalAgentFinder, including sale price and expected completion date in the case of a sale, and annual rental and tenancy commencement date in the case of a letting;

c) if relevant, when an offer on a sale property is accepted and contracts of sale are exchanged and completed ; and

d) if applicable, of the early payment of any commission due to the Agent or Agency.

4.2 The Agency agrees to:

i honour any offers made by the Agent;

ii within 5 business days, notify the Company if the Agent leaves the Agency and provide details of a replacement authorised representative;

iii pay the Fees; and

iv  disclose these Terms & Conditions and the fact that it has entered into this Agreement to any other authorised representative of the Agency using, or likely to use the Service.


Clause 5 The Company's responsibilities.

5.1 The Company will:

i allow You to list up to five postcodes in which You operate;

ii subject to clause 8.1.ii, use its reasonable endeavours to maintain access to the Site to enable access by You; and

iii update Your details when You provide us with new information or as otherwise requested by You.

5.2 The Company does not independently verify the information provided by property owners or other Site users and accepts no responsibility arising from any incorrect information provided to You by the Company or otherwise obtained by You from the Site.

5.3 You acknowledge that the Company is under no obligation to provide Client details to You and that any Client details will be provided on a non-exclusive basis.


Clause 6 Suspension and termination.

6.1 In the event Fees are not paid in full when due, for any reason or in the absolute discretion of the Company, the Agent or Agency has not complied with these Terms & Conditions, the Company may suspend all or any portion of the Service provided to you until such time as all Fees have been paid and/or, in the opinion of the Company, the non-compliance has been rectified.

6.2 In the event of suspension of the Service for non-payment of Fees, any re-instatement of the Service by the Company may be conditional upon satisfactory assurance of Your ability to pay for the Service.

6.3 Suspension of the Service shall not relieve You of the liability to pay any Fees including but not limited to the annual Service Fee for a property under management of the Agent or Agency.

6.4 Any party may terminate this Agreement by giving the other parties 30 days written notice.

6.5 Termination of this Agreement shall not relieve You of the liability to pay any Fees.

6.6 In the event that the Company (in its absolute discretion) determines that You have failed to:

6.7 pay Fees when due; or

6.8 comply with these Terms & Conditions, then, without prejudice to its rights under clause 8.1, the Company may terminate this Agreement immediately and the Agent, the Agency and any Related Entities will no longer be entitled to receive the Service (or any similar services) from the Company or register as an Agent on the Site unless notified otherwise by the Company.



Clause 7 Warranties.

7.1 The Agent represents, warrants and undertakes to the Company that it is authorised to act on behalf of the Agency.

7.2 The Agency represents, warrants and undertakes to the Company that it holds to the extent necessary, valid company and professional licences required to operate in the transaction and management of property.

7.3 The Agent and the Agency each represent, warrant and undertake to the Company that:

i they will not infringe any third party's Intellectual Property Rights;

ii they will not expressly state or imply any relationship or affiliation with the Company or endorsement by the Company except as expressly permitted by these Terms & Conditions; and

iii they will not do anything that has, or is likely to have (either directly or indirectly), the effect of defaming, disparaging or adversely affecting the integrity or reputation of the Company, including by directly or indirectly placing or allowing the placement of offending content on the Site.

7.4 The Agent and Agency each acknowledge and agree that they are solely responsible for the information, data and other content (including the Materials) they provide to the Company for inclusion on the Site and the Company is entitled to operate on the assumption that the information it receives is accurate and current in all respects and that they have the necessary rights of or authority from any third party with a proprietary interest in the information to deal with this information and provide it to the Company.


7.5 The Agent and Agency will continually indemnify the Company against any claim or proceeding that is made, threatened or commenced, and against any liability, loss, damage, cost or expense (including reasonable legal costs on a full indemnity basis) that the Company incurs or suffers as a result of:

7.6 any claims brought by or on behalf of any third party relating to information or content (including the Materials) provided to the Company by the Agent or Agency (including claims in respect of misleading or deceptive conduct or infringement of any third party's Intellectual Property Rights); or

7.7 any wilful, unlawful or negligent act or omission by the Agent, Agency or the employees, agents, authorised representatives and subcontractors of the Agency



Clause 8 Suspension and termination.

8.1 Subject only to clause 8.3 below:

i You acknowledge and accept the risk that any communication to or from the Site may be intercepted, used or modified by third parties;

ii the Company does not warrant that access to or use of the Site will be uninterrupted or error free or that the Site or any material on or accessible through the Site is free from errors or viruses, worms, trojan horses, time bomb, cancelbot or other harmful components; and

iii  the Company may change any of the material on the Site at any time without notice.

8.2 To the maximum extent permitted by law, the company will not be liable to the Agent, Agency, any related bodies corporate, affiliates, Related Entity or any employees, authorised representatives, agents or subcontractors of the same for any direct, indirect, incidental, consequential (including among other things loss of revenue or profits, loss of data, third party claims or loss of good will), punitive or exemplary damages of any kind (whether based on breach of contract, tort (including negligence), strict liability or otherwise) incurred by the Agent or Agency in connection with this Agreement, even if the Agent or Agency has been advised that such damages are possible.

8.3 Where the laws of any country or state in which these Terms & Conditions are effective implies into these Terms & Conditions any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying the application of the term, condition or warranty, then the term, condition or warranty shall be deemed to be included in these Terms & Conditions provided that the liability of the Company, its officers, directors, employees, agents and related bodies corporate for a breach of any such term, condition or warranty, including any economic or consequential loss which the Agent or Agency may sustain shall be limited, at the option of the Company, to the resupply of the Services again, or the payment of the cost of having the Service resupplied.


Clause 9 Site Visitor Terms & Conditions also apply.

9.1 These Terms & Conditions are supplementary to the Site Ts & Cs that apply when using the Company's website which can be viewed on the Site. By accepting these Terms & Conditions, You confirm that You are also bound by the Company's Site Ts & Cs.

9.2 In the event of any inconsistency between these Terms & Conditions and the Site Ts & Cs, these Terms & Conditions shall prevail.


Clause 10 Terms & Conditions subject to change.

10.1 These Terms & Conditions can be changed by the Company at any time without prior notice.

10.2 While we will take reasonable steps to inform you of any changes, It is Your responsibility to check the Site for updates to these Terms & Conditions. Any updates to the Terms & Conditions will apply from the date that the updated Terms & Conditions are placed on the Site. If You continue to use the Site and the Services after this date, You will be deemed to have accepted the updated Terms & Conditions.

10.3 If You do not agree to the updated Terms & Conditions You must immediately cease to use the Site and the Services and notify the Company in writing. Upon receipt of such notice by the Company, this Agreement will immediately come to an end, except for any rights and responsibilities that have already accrued.

10.4 You must not do anything to contest or impair any of the Company's rights in the Site or its systems or any other Intellectual Property Rights belonging to the company, and may not create or use any composite mark containing a trade mark of the Company or any mark substantially identical with or deceptively similar to a trade mark of the Company, without the prior written consent of the Company.

10.5 You acknowledge and agree that the Company retains all rights over the Site, systems and the Company's Intellectual Property Rights and that all use is for the benefit of the Company and any goodwill arising from use accrues for the benefit of the Company. No right title or interest (except as set out in these Terms & Conditions) is transferred to You by these Terms & Conditions.

10.6 Upon registering as an Agent on the Site, You are required to provide the Company with Your company logo (Materials) for the purpose of promotional display on the Site and any related websites owned or operated by the Company from time to time. You agree that the Materials may be displayed on the Site or a related site for this purpose and grant the Company a non-exclusive, royalty-free and irrevocable licence to use the Materials for this purpose for as long as You receive Services from the Company.

10.7  Each of the Agent and the Agency warrants that:

i it owns the Materials; or

ii is entitled to licence the Materials on the terms set out in clause 4.6 above; and

iii it has full capacity to deal with the Materials.


Clause 11 Miscellaneous.

11.1 Independent contractors. The Company is an independent contractor. The Company does not have the right to act as Your agent, representative or partner and neither the Agent nor the Agency has the right to act as an agent, representative or partner of the Company. This Agreement must not be construed to create an association, agency, joint venture or partnership between the Company and the Agent or Agency.

11.2 Waivers. A right created by this Agreement can only be waived if the waiver is in writing and signed by the party entitled to that right. Delay by a party in exercising a right does not amount to a waiver, and a written waiver will not operate as a subsequent waiver of the same right or of any other right of that party.

11.3 Assignment. Neither the Agent nor the Agency may assign, sub-licence or transfer (or attempt to assign, sub-licence or transfer) its rights or obligations under this Agreement (including the right to receive the Service) to any other party (including a Related Entity) without the prior written consent of the Company. Any assignment or sub-licence without the prior written consent of the Company shall be null and void. This Agreement may be assigned by the Company without the consent of the Agent or the Agency.

11.4 Enforceability. Each provision of this Agreement is individually severable. If any provision is or becomes illegal, unenforceable or invalid in any jurisdiction it is to be treated as being severed from this Agreement in the relevant jurisdiction, but the rest of this Agreement will not be affected. The legality, validity and enforceability of the provision in any other jurisdiction will not be affected.

11.5 Disputes. In the event of a dispute between the parties arising in connection with this Agreement, each party must nominate an officer of equivalent seniority who must meet in good faith to resolve the dispute. If they cannot resolve the dispute within 14 days, the Agency's chief executive officer (or equivalent) and an officer of equivalent seniority from the Company must meet in good faith to resolve the dispute. If the dispute is not resolved within a further 14 days, either party may take any action it deems appropriate.

11.6 Governing law. This Agreement is governed by the law of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts exercising jurisdiction there without regard to the principles of conflicts of law.

11.7 Entire agreement. This Agreement and the Site Ts & Cs contain everything the parties have agreed to in relation to the subject matter it deals with. No party can rely on an earlier written document or anything said or done by or on behalf of another party before this Agreement was executed.

11.8 Joint and individual liability and benefits. Except as otherwise set out in this Agreement, any covenant, agreement, representation or warranty under this Agreement by two or more persons binds them jointly and each of them individually, and any benefit in favour of two or more persons is for the benefit of them jointly and each of them individually.



Clause 12 Examples to illustrate the meaning of these Terms & Conditions if ambiguity exists..

12.1 If the Agent registering the Agency were to cease working for the agency before the property transaction is finalised, the service Fee would still be payable on successful transaction, even if they had failed to inform the Agency of the potential liability under this agreement.

12.2 If a referred property is not listed immediately, a Service Fee will still be payable on successful transaction if the listing occurs within 12 months of the supply of Client or Property details independent of the amount of time taken to sell or let the property.

12.3 If the property is listed with another agency and then listed with Your Agency within 12 months of the supply of Client or Property details, a service Fee will still be payable.

12.4 If the Client or Property referred is successfully transacted with another branch within the same agency chain, brand or group with common Directors, a Service Fee will apply.

i If any representative of the Agency has a pre-existing relationship with the Client or Property owner which is not contractual, a Service Fee will be payable on successful transaction. For illustration, a pre-existing relationship that is not deemed to be contractual might include but not be limited to;

ii The Agency or Agency representative having sold the property to the current owner previously,

iii the Agent or other Agency representative having a personal, professional or family relationship with the Client or Owner of the Property,

iv the Client or Property owner being contained on the Agent or Agency database due to other means such as but not limited to their attendance at an open house, previous enquiry, personal referral, competition, database purchase or electoral role search,

v the Agent or Agency having undertaken marketing activity that may have been seen or received by the Client or Property Owner,

vi the Agent or Agency having conducted a valuation on the property,

vii the Agent or Agency having presented the Client with an agreement to sell, let or manage the Property but not obtaining a signature or express agreement in writing to validate that agreement.

12.5 If the Agent or Agency receives the Property or Client details through another paid referral channel, the Service Fee will be payable unless the other referral source provided Property Owner details to the Agency earlier than LocalAgentFinder but by not more than 30 days. Reasonable evidence must be provided to support the chronology of events.



Clause 13 Definitions

13.1 Capitalised terms used in these Terms & Conditions have the following meanings:

i Agency means the company named in the Agent registration and each of its representatives.

ii Agent means the representative of the Agency who registers with LocalAgentFinder whether that individual is an employee, officer or sub-contractor of the Agency.

iii Agreement means the agreement constituted by these Terms & Conditions.

iv Authorised Representative means anyone with any legal or equitable right over the property, or someone with ostensible authority to act on behalf of anyone with with either a legal or equitable right over the property.

v Business day means a day other than a Saturday or Sunday on which banks are open for business generally in Melbourne, Victoria or in UK.

vi Client means the owners, or owners' Authorised representatives of a property registered with LocalAgentFinder.

vii Company or LocalAgentFinder means SellMyCastle Pty Ltd (ABN: 12 111 992 860) of Level 1, 460 Heidelberg Road, HeidelbergVIC 3084, Australia.  LocalAgentFinder is a trading name of the SellMyCastle Pty Ltd.

viii Fees means Service Fees, Property-tracking Fees, interest and any other amount payable to the Company under these Terms & Conditions, including without limitation, the other amounts payable specified in clause 3.

ix Intellectual Property Rights means all and any patents, patent applications, trademarks, service marks, branding, logo trade names, registered designs, unregistered design rights (including those associated with the Site), copyrights, know how, trade secrets and rights in confidential information, and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same.

x Letting Authority means a signed contract between You and the property owner to lease their property

xi List/Listing means the signing of a Sale Authority, Letting Authority or Property Management Authority.

xii Property Details means information with respect to any property and/or Client contact details provided by LocalAgentFinder.

xiii Property Management Authority means a signed contract between You and the property owner to let and manage the property, or manage an existing tenancy.

xiv Service Fee means an amount determined in accordance with clause 3.1

xv Related Entity means any person, agent or entity which sells, manages or lets a property and is a member of Your franchise group, commercial entity or operating under the same brand.

xvi Sales Authority means a signed contract between You and the property owner to sell their property.

xvii Service means the management of supply of Agency Proposals and other information to Clients, and/or the provision of Client or property details to the Agent or Agency by LocalAgentFinder.

xviii Site means www.localagentfinder.co.uk or any other website operated by the Company.

xix Site Ts & Cs means the LocalAgentFinder Site Visitor Terms & Conditions published on the Site.

xx Terms & Conditions means this document, the LocalAgentFinder Agent Terms & Conditions.

xxi Tenancy Agreement means the agreement between a tenant and the Agency or landlord in respect to a tenancy in the Property.

xxii You or Your means the Agent and/or the Agency, as the context requires.


*** End of Terms & Conditions ***


If you have questions or comments regarding the Site or these Terms & Conditions please email us at agents@localagentfinder.co.uk or write to the Company at PO Box 1282, Windsor VIC 3181, Australia.


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