Client Agreement

The Client Agreement for the Paid Marketing Packs

The Private Sale Company Limited – Client Agreement (Ref: 6/24/CV)

Definitions:

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

1. Exclusive Agreement:

I/we expressly acknowledge and agree that by signing this agreement, I/we are entering into a legally binding and exclusive agreement with TPSC. The 120-day period for the agreement shall commence from the official marketing campaign launch date, a date selected by the property owner(s).

The property owner(s) must ensure that there is a minimum of 10 working days between the signing of this agreement and the official marketing campaign launch date.

This agreement grants TPSC the exclusive right to assist me/us in preparing, marketing, and selling my/our property.

I understand that my property will be marketed with TPSC’s standard branding design and that TPSC will retain 100% design authority for wording, branding, choice of photos, position/size of photos, and how my campaign is ultimately presented.

I understand that if I suggest any alterations outside of the standard TPSC design and branding, I agree to pay any additional design fees.

I fully understand that if TPSC deems my photographs to need Virtual Staging or additional photoshop, I accept that there may be additional costs for that process and agree to cover these costs.

All clauses within this agreement take effect from the signing date of this document.

During the effect of this agreement, 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 agreed-upon marketing plan and campaign, 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 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 and Success Fee Agreement:

Upon signing this agreement, I/we understand that I am/we are required to pay for my/our chosen TPSC Marketing Package at least 10 working days before the official marketing campaign launch date.

Upon selling my/our property to a new buyer, I am/we are required to pay the TPSC Flat Rate Success Fee based on the current Capital Value (CV) of the property on the Unconditional Date of the sale (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/we sell my/our 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/our 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. Additionally, the buyer may be required to pay a TPSC Referral Fee.

Furthermore, within the next 180 days after this agreement ends, I/we agree that in the event my/our property is sold to a buyer procured during the exclusive 120-day period under this agreement, I/we will pay the TPSC Flat Rate Success Fee as mentioned in this agreement.

6. Use of Photographs and Video:

I/we hereby authorize TPSC to shoot and 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. 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.

8. 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.