Conjunction Agreement

The parties agree to work together on a conjunction basis for the sale of the Property during the period specified in this Agreement. These arrangements will be irrevocable unless the Listing Agency's appointment is terminated by the registered owner/s or by written agreement between the parties. This Agreement expires automatically at the end of the Duration unless renewed in writing by both parties. Notwithstanding expiry, the Conjuncting Agency remains entitled to its commission share under clause 5 if the Property is sold to a buyer introduced by the Conjuncting Agency before the end of the Duration.

The Listing Agency holds the appointment to sell the Property and retains the primary relationship with the seller. The Conjuncting Agency may communicate with the buyer and facilitate inspections or offers where lawful, but has no authority to bind the seller or the Listing Agency. The Conjuncting Agency must not represent itself as the listing or appointed selling agent and must not make representations inconsistent with this arrangement.

The Conjuncting Agency will introduce a genuine prospective buyer to the Property. BuyFinder platform records — including invitation timestamps, buyer registration records and buyer identity — are prima facie evidence of introduction facts unless manifestly incorrect. Where both parties claim to have introduced the same buyer, priority is determined first by platform records and then by the earliest verifiable written record. Any dispute as to priority must be raised promptly and before settlement.

The total commission payable by the seller to the Listing Agency is as separately agreed between the Listing Agency and the seller. This Agreement governs only the division of that commission between the two agencies and creates no obligation on the seller.

Commission is payable if a contract is entered into with the buyer/s introduced by the Conjuncting Agency and settlement of that contract occurs. This entitlement applies regardless of whether settlement occurs via the original buyer, a nominee, a related entity, or under a substituted contract for the same Property, provided the introduced buyer was the effective cause of the transaction. Upon settlement the Listing Agency will pay the Conjuncting Agency the commission amount specified in this Agreement. A valid tax invoice must be provided at or before settlement. Payment is due within 3 business days of the Listing Agency receiving the gross commission from the seller.

Unless otherwise stated, all commission amounts in this Agreement are inclusive of GST. Each party is responsible for its own GST obligations. Tax invoices must comply with the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

The Listing Agency warrants that: (a) it holds a valid appointment to act for the registered owner/s of the Property under applicable real estate licensing legislation; (b) that appointment permits commission sharing or conjunction with another licensed agent; and (c) it has obtained any vendor consent required for this conjunction arrangement. Each party warrants that it holds a current real estate licence in its relevant state or territory, is authorised to receive commission in that jurisdiction, and will maintain that licence for the duration of this Agreement.

The Conjuncting Agency confirms that the buyer/s introduced under this Agreement have no beneficial interest in the Conjuncting Agency. The Conjuncting Agency acknowledges that if the buyer/s were to purchase the Property under this Agreement, there would be no beneficial interest as required under applicable real estate legislation in its relevant state or territory.

Each party agrees to act in accordance with all applicable laws and professional obligations, including real estate licensing legislation and professional conduct rules in their relevant state or territory, and the Australian Consumer Law. Neither party may make misleading or deceptive representations to any buyer, seller or agent in connection with this Agreement.

The parties agree to keep the terms of this Agreement confidential and not to disclose the commission arrangements to any buyer, seller or third party, except as required by law or with the prior written consent of the other party.

This Agreement may be executed electronically. An electronic signature affixed by an authorised representative of each party constitutes a valid and binding signature in accordance with the Electronic Transactions Act 1999 (Cth) and applicable state or territory electronic transactions legislation.

This Agreement is governed by the laws of the state or territory in which the Property is located, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that jurisdiction. To the extent of any inconsistency between this Agreement and a mandatory provision of the law of the property's jurisdiction, that mandatory provision prevails. Each party remains responsible for compliance with real estate licensing and conduct obligations in their own state or territory.

Each party must handle buyer personal information shared under this Agreement in compliance with the Privacy Act 1988 (Cth) and any applicable state privacy legislation. Buyer information may only be used for the purposes of this Agreement. Each party must implement reasonable security measures to protect shared buyer data and must not disclose it to third parties without the data subject's consent, except as required by law.

Notices under this Agreement may be given by email to the address shown on page 1 of this Agreement, or through the BuyFinder platform messaging system. A notice is deemed received on the day it is sent if sent before 5:00 pm on a business day in the recipient's state or territory, otherwise on the next business day.

Severability: if any provision of this Agreement is unenforceable it is severed and the remainder continues in force. Entire Agreement: this document constitutes the entire agreement between the parties regarding conjunction for the Property and supersedes any prior oral or written understandings on the same subject matter. Survival: obligations of confidentiality, payment of commission, and dispute resolution survive expiry or termination of this Agreement.

This Agreement has been facilitated through the BuyFinder platform (BuyFinder Australia Pty Ltd ABN 30 696 397 903). BuyFinder is not a party to this Agreement, does not provide legal advice, and makes no warranty as to the legal effect or enforceability of this Agreement. The parties are encouraged to obtain independent legal advice if required.