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Conjunctional Sale Agreement

What is a conjunctional sale agreement?

It is a legally binding agreement between salespeople from different real estate companies to split the commission of a property sale.  Often a salesperson might be assisting buyers and will request a conjunctional agreement from the listing salesperson currently advertising a property for sale.  It is very important to understand that the salespeople who enter into a conjunctional sales agreement both act on behalf of the vendor when it comes to their legal obligations.  All salespeople have a duty of care towards the purchaser/s in addition to their duties and legal obligations towards the vendor/s. Purchasers are often under the impression that the salesperson who is taking them to view a property is looking after their interest above that of the vendor, but this is only the case if they, the purchasers, have signed up with that salesperson under a Buyer's Agent Agreement.  

Request to enter into a conjunctional sale agreement

Haze Real Estate normally does not enter into conjunctional sale agreements with any salesperson during the first month of the listing going live as active buyers will find the listing and contact the listing salesperson directly. 

If you wish to enter into a Conjunctional Sale Agreement with a Haze Real Estate, please complete the form below and wait for confirmation that your request has been accepted.  Without an accepted agreement in writing in place, you will not be allowed to bring buyers to the property. If you just arrive at a viewing /open home with buyers without written acceptance of your request for a conjunctional agreement, Haze Real Estate will not acknowledge it as a conjunctional agreement.  Approval of such an agreement will not be granted retrospectively.

Please provide the full address, including post code
Please provide the company name and branch as applicable
Please note - if one of our salespeople are already dealing with these buyers, your request for a conjunctional sale agreement will be denied. If your request is accepted, it will only pertain to the named purchasers detailed below and will exclude all others even if they are family of the named purchasers.
By submitting this request, you agree to a commission split of 80% to the listing salesperson and 20% to the selling salesperson. If the property is sold via Auction or Tender, the split is 80% to listing salesperson and 20% to selling salesperson.*
I understand that the commission split only pertains to the salesperson's portion of the commission and does not include the company portion. That is retained by Haze Real Estate.*
I accept that Haze Real Estate can not accept my request if the vendor is not in agreement.*
I hereby provide Windy Realty Ltd (Haze Real Estate) a full indemnity for all damages, losses, costs or fines awarded howsoever incurred or suffered either as a result of any claim made by any party or person arising from the actions, statements or comments from the salesperson submitting this form, throughout this transaction and in particular, but without limiting the generality of this provision, the Fair Trading Act 1986, the Consumer Guarantees Act 1993, the Privacy Act 1993, the Health and Safety in Employment Act and the Real Estate Agents Act 2008 and the Real Estate Agents Professional Conduct and Client Care Rules 2012.*
By submitting this form I agree that Haze Real Estate will draft the offer to purchase for all properties listed by the company without exception.*
I agree that submitting this request form does NOT constitute an agreement, but merely a request to conclude an agreement. Only once my request has been accepted in writting, does a conjunctional sale agreement exist.*
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