TPSC Client Agreement

The Private Sale Company Limited – Client Agreement (Ref: 25/04-CV+)

Definitions:

In this agreement, ‘TPSC’ refers to The Private Sale Company Limited, and all pricing for TPSC Flat Rate Success Fees excludes GST.

1. Exclusive Agreement:

• I/we understand that by signing this agreement, I/we are entering into an exclusive 120-day (or until sold) agreement with TPSC. This agreement allows TPSC to assist me/us in preparing, marketing, and selling my/our property.
• During this period, I/we agree not to engage with any Real Estate Agents or Agency, or other private sale company.
• I/we acknowledge that TPSC is a marketing company and not a Real Estate Agent or Agency, and TPSC is not registered with The Real Estate Authority. I/we fully understand that TPSC’s role is to provide education and support for property preparation and executing the marketing plan, which may include but is not limited to photography, signboards, flyers, and online marketing.

2. Client Warrants:

I/we hereby warrant that:

• I am/we are the legally registered owner(s) of the property I am/we are selling, and I/we have the authority and capacity to proceed with the sale.
• I/we will fully disclose any faults or issues with my/our property to all potential buyers. I/we understand that failure to disclose important information may lead to legal action against me/us (for which TPSC accepts no liability).
• I/we have obtained or will obtain all relevant legal, accounting/tax, and other technical advice concerning the sale of my/our property before listing it.
• I/we fully understand that I am/we are 100% responsible for the decisions made in the process of selling my/our property, and I/we will not hold TPSC responsible for these decisions. TPSC makes no guarantees or warranties regarding the successful sale or sale price of my/our property.
• I/we understand when I/we sign up for a TPSC marketing campaign for my/our property, and I/we own additional properties, potentially in the same vicinity of the property being marketed through TPSC, I/we understand if I/we sell any of my/our other properties to a buyer obtained and/or during my/our exclusive TPSC marketing campaign, then I/we agree to pay an additional TPSC standard success fee (stated on the TPSC Success Fee Table) on the additional property, on the unconditional date of its successful sale.
• I/we understand that TPSC may provide contractors to help prepare my/our property and/or market it. Decisions and outcomes related to these contractors are entirely my/our responsibility, and I/we agree not to hold TPSC responsible for these decisions.

3. Professional Advisors:

• I/we understand that TPSC will not provide financial, legal, or other technical advice but can provide recommendations for professional advisors such as but not limited to Mortgage Brokers, Lawyers, Financial Planners, and Property Valuers certified under New Zealand law.
• I/we will not hold TPSC responsible for the outcomes of my/our decisions related to these recommendations.

4. Property Viewings and Legal Obligations:

• I/we acknowledge that any property viewings or open homes that I/we arrange are at my/our own risk.
• If the property is tenanted, I am/we are responsible for meeting my/our legal obligations to the tenants.

5. Payments:

• Upon signing this agreement, I/we understand that I am/we are required to pay for my/our chosen TPSC Marketing Package plus GST approximately 30 days before launching the marketing campaign.
• Upon selling my/our property to a new buyer, I am/we are required to pay the TPSC Flat Rate Success Fee plus GST based on the current Capital Value (CV) of the property on the Unconditional Date of the sale (please see TPSC Flat Rate Success Fee Table below).
• I/we agree to inform TPSC within 24 hours of signing a Sale and Purchase Agreement with a new buyer.
• I/we also agree to cover the costs of any property preparations, including additional Contractors (e.g., Builders, Plumbers, Painters, Landscapers), optional extras, add-ons, and marketing costs associated with the sale of my/our property.
• I/we acknowledge that if I sell my property to a buyer on TPSC’s Investor List before the marketing campaign is implemented, some Marketing Costs may be waived.
• I/we also understand that if my property sells before the marketing package campaign is implemented, I am /we are still required to pay my/our full TPSC Flat Rate Success Fee plus GST.  Additionally, the buyer may be required to pay a TPSC Referral Fee.
• Furthermore, within the following 180 days after this agreement ending, I/we agree that in the event

my/our property is sold to a buyer procured during the TPSC campaign period under this

agreement, I/we agree to pay the TPSC Flat Rate Success Fee plus GST stated within this agreement.

6. Use of Photographs and Video:

I/we hereby authorize TPSC to use any photographs and/or video on all social/online platforms and physical forms to promote and market my property and TPSC in perpetuity.

7. Use of Avatars or Images for Marketing:

I/we acknowledge and agree that, as part of the marketing campaign, TPSC may request or allow me/us to provide chosen avatars or images for use in promotional materials related to the sale of my/our property. I/we grant TPSC permission to use our chosen avatars or images in all forms of marketing, including but not limited to online platforms, social media, print materials, and advertisements. This permission is granted for the duration of the marketing campaign and may extend beyond the campaign for the purpose of promoting TPSC’s services and showcasing success stories. 

8. Termination:

TPSC reserves the right to terminate this agreement with immediate effect if TPSC believes I am/we are in breach of the terms of this agreement or TPSC’s terms and conditions.

9. Acknowledgment:

I/we have carefully read and fully understand the above statements. I/we have had at least five working days to consult my/our legal and other professional advisors on this agreement.

*This agreement has full copyright to The Private Sale Company Limited 2024/2025.

**All TPSC Success Fees are subject to New Zealand GST. 

**For CVs over $10,000,000.00 please contact TPSC