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Sole & Exclusive Mandate to Sell Agreement
I / We (Owner/Spouse or Co-Owner) – Name/s:
COMPANY / CORPORATION / TRUST NAME – If applicable
ID / REG NUMBER
(hereinafter referred to as "the Seller")
Being the registered owner/s, or duly authorised representative/s of the Seller/s of the below-mentioned property:
FULL ADDRESS OF PROPERTY
(hereinafter referred to as “the Property” and domicilium)
Hereby grant Solver Sales & Rentals Pty Ltd ("the Agent") a Sole and Exclusive Mandate to market and sell the above-mentioned Property in terms of this agreement of mandate ("the Mandate") on the following terms and conditions:
1. SELLING PRICE
The gross selling price agreed to by the Seller for the Property or such price as may be agreed to in writing between the Seller and the Agent from time to time ("the Selling Price").
2. THE MANDATE PERIOD
The mandate hereby granted shall commence upon signature of this agreement and shall remain in force until the conclusion of the mandate duration stipulated below ("the Mandate Period").
Mandate Duration (Months)
3. AGENT'S COMMISSION
The Seller shall pay the Agent a sales commission of the agreed % (Percent) of the price at which the Property is sold, plus VAT thereon (if applicable). The Seller will be liable to the Agent for commission if the Property is sold during the mandate period by the Agent, the Seller, or by any other person and/or entity. The Seller will be liable to the Agent for commission if the Property is sold, during the mandate period by the Agent, for the full selling price, or any amount mutually agreed by the Seller and Purchaser. And lastly, the Seller will be liable to the Agent for commission if the Property is sold after termination of the mandate period to any person who was introduced to the Property during the mandate period.
AGENTS COMMISSION %
Undertakings by the agent
The Agent shall advertise the Property in accordance with the Agent’s standard advertising policy;
The Agent may market the Property by holding a show house (at a date and time agreed between the Seller and Agent) in accordance with the Agent’s show house policy;
The Agent shall report to the Seller from time to time in respect of progress made in marketing the Property.
Undertakings by the seller
The Seller undertakes not to grant any other Estate Agent / Agency, or any other person or entity, during the period of this mandate, the right to market and sell the property.
Subject to the relevant Municipal Regulations and By-Laws, the Seller gives consent to the Agent to place a "For Sale" board on or outside the Property and after the sale to place a "Sold" board on or outside the Property up until transfer into the name of the Purchaser takes place.
The Seller agrees to entrust the keys of the Property to the Agent for safekeeping and to use at the Agent’s reasonable discretion.
The Seller undertakes to disclose, in writing, to the Agent all defects or problems relating to the Property of which it is aware of at the time of entering into this mandate.
The Seller undertakes not to do anything which might prevent, frustrate or hinder the Agent from effecting a sale of the Property in terms hereof. For such purposes, "prevent, frustrate or hinder" shall, without in any way limiting the generality will include: 1). a refusal by the Seller to accept a bona fide written offer submitted to it by the Agent during the mandate period to purchase the Property on the terms stated herein; and 2) a refusal to co-operate with the Agent in the latter’s endeavours to sell the Property, including but not limited to, denying the Agent the right to market the Property, denying the Agent to erect “For Sale” boards and by denying the Agent access to the Property at reasonable times for the purpose of showing it to potential purchasers.
The parties confirm that this document constitutes the full and final agreement between them and that any addition, deletion and/or alteration thereof shall be of no force or effect unless it is reduced to writing and signed by both parties.
SIGNED AND APPROVED ELECTRONICALLY
I confirm that I have read the Mandate Guide found on the Solver Website and by selecting approve, I accept and agree to the terms and conditions therein.
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