LookingToSell Agent Agreement
This Agreement sets out the terms on which licensed real estate agencies may receive and use property sales leads from LookingToSell.
By registering on the LookingToSell platform, accepting a Lead, contacting a referred client, or entering into an agency agreement with a referred client, you agree to be bound by this Agreement.
This Agreement is between:
- LookingToSell Pty Ltd (ABN 16 690 098 821) trading as LookingToSell ("LookingToSell", "we", "us", "our"),
- Any licensed real estate agency that registers with or accepts Leads from LookingToSell ("Agency", "you", "your").
1. Introduction
LookingToSell provides qualified property sales leads to licensed real estate agencies via its website and platform.
This Agreement governs your participation as an Agency and your use of Leads supplied by us.
Our service relates only to property sales opportunities. We do not provide leads for property management, rentals, or let-only engagements.
2. Definitions
- Lead means the details of a property owner (or authorised representative) who has expressed interest in selling their property and is introduced to the Agency by LookingToSell.
- Sale means the completed sale of a property arising from a Lead.
- Total Commission means the full gross commission received by the Agency under a sales authority in connection with a Sale, inclusive of GST, and including any bonuses, incentive payments, conjunctional commissions or variations.
- Service Fee means 20% of the Total Commission.
- Business Day means a day other than a Saturday, Sunday or public holiday in Australia.
3. Registration & Agency Obligations
To receive Leads, the Agency must:
- Be duly licensed and authorised to conduct property sales in the relevant jurisdiction.
- Ensure all profile information provided to LookingToSell remains accurate and current.
- Act professionally, lawfully and ethically in all dealings with Leads.
- Comply with all applicable laws including the Australian Consumer Law and Privacy Act 1988 (Cth).
- Notify LookingToSell of Lead progress in accordance with clause 6.
The contracting party under this Agreement is the licensed Agency entity. The Agency remains liable for all obligations under this Agreement regardless of internal commission splits, salesperson arrangements, or staff movement.
4. Our Role
LookingToSell introduces Agencies to property owners considering selling.
We:
- Do not guarantee that any Lead will result in a Sale.
- Are not a party to any agreement between the Agency and a vendor.
- Provide introductions only.
5. Service Fee
The Agency must pay a Service Fee in relation to any Sale arising from a Lead.
The Service Fee is:
20% of the Total Commission received by the Agency, inclusive of GST.
For clarity:
- The calculation is based on the gross commission actually received by the Agency.
- It applies regardless of internal salesperson commission splits.
- It applies to discounted commissions.
- It applies to conjunctional or shared commissions.
- It applies to incentive or bonus commissions.
- It applies even if the Sale is completed by another salesperson within the Agency or an associated entity.
A Service Fee is payable if a Sale occurs within twelve (12) months of the Lead being supplied.
6. Reporting & Payment
The Agency must notify LookingToSell in writing within five (5) Business Days if:
- A Sales Authority is signed for a referred property; or
- A Contract of Sale is signed, including the sale price and settlement date.
The Service Fee becomes payable upon the Agency receiving cleared commission funds.
Payment must be made within seven (7) days of the Agency receiving commission funds.
If commission is received in instalments, the Service Fee is payable pro-rata as funds are received.
Interest may be charged on overdue amounts at the rate prescribed by the Penalty and Interest Rates Act 1983 (QLD) plus two percent (2%).
The Agency agrees to reimburse reasonable recovery costs, including legal fees, incurred in recovering unpaid amounts.
7. Pre-Existing Relationship (Waiver)
The Agency may request a waiver of the Service Fee where, prior to the Lead being supplied by LookingToSell, the Agency can demonstrate one of the following:
(a) Existing Sales Authority
The Agency held a valid, signed Sales Authority with the vendor in respect of the property.
(b) Recent Market Appraisal (Within 90 Days)
The Agency conducted a documented market appraisal of the property within ninety (90) days immediately preceding the date the Lead was supplied.
(c) Active Progression Toward Appraisal
The Agency can provide clear written evidence that, prior to receiving the Lead, it was actively progressing the vendor toward a market appraisal or listing appointment. Acceptable evidence includes dated written communications (email or SMS correspondence), CRM records, or diary entries demonstrating that an appraisal appointment was scheduled, confirmed, or under active discussion.
For clarity:
- Inclusion of a vendor in the Agency's database alone does not constitute grounds for waiver.
- Past contact outside the 90-day period does not constitute grounds for waiver.
- Verbal discussions without documented written evidence do not constitute grounds for waiver.
Waiver Process
- A waiver request must be submitted in writing within seven (7) days of the Lead being supplied.
- Supporting documentary evidence must be provided at the time of request.
- Failure to notify within this timeframe results in the Service Fee remaining payable.
- LookingToSell reserves the right to assess all evidence provided and determine, acting reasonably, whether a waiver applies.
8. Termination
Either party may terminate participation with fourteen (14) days' written notice.
LookingToSell may immediately suspend or terminate access if the Agency:
- Fails to pay any invoice when due;
- Breaches this Agreement and fails to remedy the breach within seven (7) Business Days of notice;
- Loses its licence or authorisation to act; or
- Engages in conduct likely to damage the reputation of LookingToSell.
Termination does not affect the Agency's obligation to pay Service Fees for Leads referred prior to termination.
9. Confidentiality & Privacy
All Lead information is confidential.
The Agency must:
- Use Lead information solely for the purpose of securing a Sale.
- Maintain appropriate data security measures.
- Comply with the Privacy Act 1988 (Cth) and applicable privacy legislation.
10. Liability & Indemnity
LookingToSell makes no warranty that any Lead will result in a Sale.
To the maximum extent permitted by law, our liability is limited to:
- The resupply of services; or
- Payment of the cost of resupplying the services.
The Agency indemnifies LookingToSell against any claims, losses, damages, or expenses arising from the Agency's conduct with Leads or vendors.
11. GST
The Service Fee is calculated as:
20% of the Total Commission received by the Agency, inclusive of GST.
No additional GST is added to this calculation.
12. Governing Law & Disputes
This Agreement is governed by the laws of Queensland, Australia.
Any dispute must first be raised via the Contact section of our website at lookingtosell.com.au.
If not resolved within thirty (30) days, either party may pursue its rights through the courts of Queensland.
13. General
Nothing in this Agreement creates an employment, partnership or joint venture relationship.
LookingToSell may update these terms from time to time by publishing revised terms on its website. Continued acceptance of Leads after publication constitutes acceptance of the updated terms.
