THE BOTTOM LINE IS; PRE-MARKET SALES (REFERRED TO AS WE) ARE NOT RESPONSIBLE FOR ANY AGENT, AGENCY OR BUYER ADVOCATE'S BEHAVIOUR/ACTIONS OR ANYONE ELSE'S ACTIONS TOWARDS YOU THE PROPERTY OWNER JUST LIKE WE ARE NOT RESPONSIBLE FOR YOUR BEHAVIOUR/ACTIONS TOWARDS AGENTS, AGENCIES, BUYER ADVOCATES, BUYERS OR ANYONE ELSE.
We do not take part in the selling process of a property because that is between the Seller, Real Estate Agent or Buyer Advocate and Buyer. Our role is strictly limited to receiving property owner details and sending property owner details to real estate agents and buyer advocates.
When you "the property owner" provide us with your information over the phone and or internet, you do so in the knowledge that we will send your details to as many real estate agents, agencies and buyer advocates as we deem fit in the best interests of serving you the property owner, and will provide agents and buyer advocates with your property details, scheduled inspections times, property address and contact details. Agents and buyer advocates will contact you direct and attend your inspection times with or without prospective buyers. However it is against our Agent terms of service for agents and buyer advocates to visit your property outside of scheduled inspection times (and without a prospective buyer on multiple occasions) unless prior permission is granted by you the property owner.
Agents, buyer advocates, buyers, legal representatives and you the property owner will handle all sale negotiations and particulars between yourselves completely separate from Pre-market sales.
Please do not use Pre-market sales if you do not intend to sell your property in the next 3 months.
You agree we are not responsible for the actions of any agent, buyer advocate, buyer or anyone else and will not hold us liable for their, or your, actions. The choice of who you select, be it a buyer, agent or buyer advocate, if any, is your decision and you should do your own research to ensure you (the property owner) are making an informed decision before proceeding or agreeing to anything.
These Terms and Conditions govern your use of the website at www.premarketsales.com.au (the Website). Please read these terms and conditions carefully and if you do not accept the Terms and Conditions stated here on this page, do not use this Website and service. By using, visiting, accessing this Website or otherwise registering, you are indicating that you have read, understood and accept to be bound by these Terms and Conditions. Pre-market sales may revise these Terms and Conditions at any time by updating this page and you should visit this page periodically to review these Terms and Conditions because they are binding on you.
The terms “You” reference the property owner. “Property owner” in these Terms refer to those persons in the process of, or considering, selling a property. Your continued use of this website and services constitutes your agreement to these Terms and Conditions and any modifications posted here.
We are a service organization only where in this website serves as a portal between Property owners / sellers, Real Estate Agents and Buyer Advocates. Any relationship between Real Estate Agents, Buyer Advocates, Property owners / Sellers and/or Buyers (or other users of the Website - Note: We do not deal with Buyers) shall be strictly between such parties, completely separate of Pre-market sales). You agree Pre-market sales is not involved in any way with such relationships or the advice, content, information or representations given therein and you the property owner / seller / agent / buyer advocate take full responsibility for the decision to access such parties, and rely on such information, via the Website and through your own efforts.
Any Real Estate Agent or Buyer Advocate you choose to sell or list your property on the open market shall be the provider of real estate advice, services, information and suggestions and the Real Estate Agent or Buyer Advocate opinions are solely their opinions (and are not Pre-market sales opinions or advice).
Availability of real estate agents and buyer advocates are subject to availability. Agents and Buyer Advocates have the right to not participate as we retain the right to not send your details to agents and buyer advocates. We make no warranty or guarantee about the standard, quality or accuracy of any advice, suggestions and information you receive on the website or from Real Estate Agents, Buyer Advocates or Buyers. We do not deal with buyers. Nor do we make any warranty or guarantee of an agent or buyer advocate's skills, credentials, experience, qualifications or any thing else. Therefore, we encourage you to exercise a high standard of care in any interactions you may have with real estate agents, agencies, buyer advocates, buyers and anyone else.
We are not responsible for any Real Estate Agent, Buyer Advocate, Property Owner or Buyer actions. They are not our employees, and we assume no responsibility for any act or omission of any Real Estate Agent, Buyer Advocate, Property Owner or Buyer. We are not liable for enforcing any agreement that was made between you and a Real Estate Agent, Buyer Advocate or Buyer and you the property owner are solely responsible for any agreement you make with an agent, buyer advocate, buyer, legal representative or anyone else.
Not all property owners details made available through the Website by a property owner has been evaluated by Pre-market sales and it is up to the Real Estate Agent or Buyer Advocate to asses these details. We do not independently verify or are responsible for verifying the information provided by property owners or their identity.
In the event a property owner has spoken to an Agent or Buyer Advocate in the past 90 days in relation to the sale of the property in question and the Agent or Buyer Advocate has provided the property owner with a written property appraisal and can show evidence of this, our agreement shall be null and void subject to you the agent if you the agent or buyer advocate successfully find a buyer for the property owner and sells the property. The agent or buyer advocate must advise us of any prior property appraisals made in writing to the property owner within the last 3 months within the first 48 hours of receiving the property owner's details from Pre-market sales. Failure to do this will incur a Pre-market sales service fee listed in the Agent terms and conditions agreement which the agent or buyer advocate will be responsible for. All referral fees owed by Agents or Buyer Advocates are payable to Pre-market sales within 7 days of the referred property settlement date. Agents and Buyer Advocates are required to keep Pre-market sales informed of events with property owners, for example; Contract of Sale agreement signed or Exclusive Agency Agreement signed or other agreement signed with the property owner to sell the property, and provide relevant sale information to assist us in issuing you the agent or buyer advocate with an accurate invoice.
In the event of a dispute which cannot be settled through communication between Pre-market sales, agent, buyer advocate or property owner, the jurisdiction for handling matters will be Melbourne, Victoria, Australia.
We at all times are committed to protecting your privacy in accordance with our Privacy Policy (click here to read our Privacy Policy) and by accessing the Website you agree to the terms of our Privacy Policy.
We cannot and do not guarantee that each property owner is who they claim to be due to the difficulty associated with the internet. And as a direct result we do not and cannot be involved in any property owner and agent or buyer advocate dealings or in any way control the behaviour of any users on the Website, and so in the event that you have a dispute with a property owner, agent, buyer advocate, legal representative or buyer or anyone else, you release Pre-market sales from any claims, demands, costs (including legal costs) and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You recognize and agree that any contract for the supply of real estate services shall be between you the property owner and the Real Estate Agent or Buyer Advocate (and not us). Governing Law and Jurisdiction of these terms and conditions are governed by the laws of Victoria and the parties irrevocably submit to the exclusive jurisdiction of the Courts of Victoria and any Court competent to hear appeals from those Courts. If you consider that any Content on the Website breaches your intellectual property rights please notify Pre-market sales by email to support@premarketsales.com.au. Notification and any action that Pre-market sales takes in response is not an admission that there has been a breach of intellectual property rights, or that the Company accepts any liability in relation to such a breach. Pre-market sales does not guarantee to take any action if notified under this clause.
You agree to act within these terms and conditions and ensure you have read these terms and conditions before using Pre-market sales website and service.
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