Gold Coast Real Estate Agents — Special Terms (read with Form 6)
1. Relationship to the Form 6 and the law
1.1 These Special Terms form part of the parties’ Property Occupations (Form 6) – Appointment of a Property Agent (the Form 6) under the Property Occupations Act 2014 (Qld).
1.2 If there is any inconsistency with the Act/Regulation or the approved Form 6, the Act/Regulation and Form 6 prevail.
1.3 The No Lock-In described below is our contractual service guarantee to the seller. It does not waive any statutory right or obligation and operates only to the extent permitted by law.
2. Definitions
Form 6 / Listing Agreement: the executed appointment (and annexures) under the Property Occupations Act 2014 (Qld).
Exclusive Agreement: an exclusive agency appointment under the Form 6 for a term of 90 days.
No Lock-In: the additional early-termination right we grant the seller during the 90-day Exclusive Agreement, on the conditions in clause 4.
Marketing Schedule: the written list of agreed marketing services for the property.
Zero Up-Front Marketing Package: agreed marketing supplied without up-front payment, on the basis in clause 5.
Contract: a legally binding contract of sale formed by acceptance of an offer (written or verbal).
3. Appointment term (clarity)
3.1 The parties agree the Form 6 Exclusive Agreement term is 90 days.
3.2 In addition to the rights in the Form 6, we grant the No Lock-In early-termination right in clause 4, which removes the seller’s obligation to remain exclusively appointed for the full 90 days, provided the clause 4 process is followed.
4. No Lock-In — additional early-termination right
4.1 Scope. Applies only while a 90-day Exclusive Agreement is in place.
4.2 Performance concern & remedy period. If dissatisfied with our performance, the seller may give us written notice describing the concern(s). We have 48 hours (2 business days) to remedy.
4.3 Early termination. If the concern(s) are not remedied within that time, the seller may terminate the Exclusive Agreement early by written notice. Termination takes effect on receipt (or a later date stated).
4.4 Priority over 90-day lock-in (between the parties). To the extent the No Lock-In conflicts with the 90-day exclusivity between the parties, we agree to honour the No Lock-In and not insist on the balance of the 90-day term, provided clause 4 is complied with and doing so is lawful.
4.5 What still applies. Early termination under this clause does not affect:
a) any commission that has already accrued (e.g., a Contract formed during the appointment);
b) any protection period or similar right stated in the Form 6;
c) the seller’s obligation to reimburse external marketing costs under clause 5.
5. Zero Up-Front Marketing Package (Pay-Later Facility)
5.1 Eligibility. Available only with a 90-day Exclusive Agreement (Form 6).
5.2 Inclusions. The package comprises the marketing and advertising services listed in the Marketing Schedule, agreed in writing at or about Form 6 signing. Any variation must be agreed in writing.
5.3 Funding options and third-party providers.
(a) Marketing can be funded up front by us or via a pay-later facility offered by an independent third-party provider (for example, Realty Assist or CampaignAgent).
(b) If you choose a pay-later facility, you acknowledge you are entering a separate agreement directly with the provider and you agree to that provider’s terms and conditions, fees and repayment obligations. The provider is not our agent and we do not control their approval criteria, fees, charges or refunds.
(c) We do not hold an Australian Credit Licence and do not provide credit assistance. Any credit assistance is provided solely by the provider in accordance with their disclosures and the law.
5.4 Drawdown and application of funds. Pay-later funds (or our up-front funding) are applied only to the line items in the agreed Marketing Schedule. We may pay suppliers directly. If actual costs exceed the agreed schedule, we may request your written approval and (if applicable) an increase/top-up with the provider or direct payment by you.
5.5 Early termination/withdrawal before campaign launch.
If (i) the appointment is terminated under the No Lock-In clause, or (ii) a Contract is entered before the first paid portal listing is published on realestate.com.au or Domain, then:
(a) we will cancel any uncommenced services where possible;
(b) you remain liable for all external costs already incurred or irrevocably committed (e.g., photography, copywriting, floor plans, video, portal booking fees, social ad buys, printing, signboards, creative production, booking and supplier cancellation fees); and
(c) any unused/uncommenced portion of the marketing budget will be refunded or credited net of non-refundable supplier charges as follows:
• where a pay-later provider was used, any refund/credit is first paid to the provider to reduce your outstanding balance under the provider agreement;
• where no provider was used and you paid us directly, any refund/credit is paid to you.
5.6 Settlement timing (campaign proceeds). If the property sells after the campaign has commenced, all marketing costs incurred are payable from settlement proceeds (or within 7 days of our invoice if settlement does not occur), consistent with the Form 6 and the Marketing Schedule.
5.7 No penalties. Other than reimbursing agreed external marketing/advertising costs (and any non-refundable supplier/cancellation charges), no withdrawal fee is payable unless expressly stated in the Marketing Schedule and permitted by law.
5.8 Records and GST. We will keep reasonable records of marketing costs and provide copies on request. Amounts are GST-inclusive unless stated otherwise.
6. Notices
6.1 Notices must be in writing (including email) to the addresses in the Form 6 (or later notified). A notice is received when sent unless an error message is received.
7. Australian Consumer Law
7.1 Nothing limits any non-excludable rights under the Australian Consumer Law.
8. Privacy
8.1 Personal information is handled under our Privacy Policy and applicable law. The seller consents to use of marketing assets in line with the Marketing Schedule.
9. Governing law
9.1 These Special Terms are governed by the laws of Queensland, and the parties submit to the non-exclusive jurisdiction of Queensland courts.
Plain-English summary
Your Form 6 exclusive appointment runs for 90 days.
Our No Lock-In gives you an extra right to end early if you’re not satisfied: tell us in writing, give us 48 hours to fix it, and if it’s not fixed you can terminate before day 90. We won’t insist on the balance of the 90-day term when those steps are followed.
If a Contract is already in place, or a buyer we introduced purchases within any protection period, commission/rights under the Form 6 still apply.
If you end early or withdraw, you simply reimburse the agreed external marketing costs we already paid under the Zero Up-Front Marketing Package.