Terms & Conditions

TO BE CLEAR, WE ARE NO MORE RESPONSIBLE FOR THE AGENTS PERFORMANCE/BEHAVIOUR TOWARDS YOU AS WE ARE FOR YOUR PERFORMANCE/BEHAVIOUR TOWARDS THEM.

We do not and will not, get involved in the selling process as that is absolutely between the Seller/Buyer and the Real Estate Agent who they have independently chosen to represent them. Performing Agents role is strictly limited to identifying the best performing agents in your area based on a variety of information available within the industry and our own due diligence. It is possible we could be wrong on occasions as this is not an exact science and does occasionally come down to our own intuition, but the agents we choose will all be very capable agents and the agents we would most like to meet. Agents who are too busy to ring or email us back promptly are considered too busy to list your property also. Good communication is extremely important and the best agents are well aware of that.

We are unfortunately unable to consider any agent working from within an agency you have recently been in contact with. If you have spoken to John from Ray White, we can not recommend Peter from the same office for example. Despite Peter being the best local agent, you will only be able to deal with John and this can at times affect our recommendations. We are more than happy to compare your existing agent at any time with the best from other agencies,

When you provide us with the further information we will need over the phone, you do so in the knowledge that we will source the best 2-3 agents for you, advise you of their details and provide them with your contact details. They will then contact you direct. The agent you choose will handle your listing from that point on as they are the professionals.

If your not wanting to sell or buy in the next 3 months or so you may want to delay using our service given we are committed to providing up to date and accurate information and the market is changing rapidly. We will always be ready to help.

Should the agent/s not be to your liking, please let us know immediately so we can suggest a different agent.
The rest below is what our solicitor suggests you read. Its long, detailed, boring and onerous but effectively makes clear we are not responsible for the actions of any Agent we recommend and will not be held liable for their, or your, actions. The choice of who you pick, if any, lies with you and you should do your own research to ensure you are satisfied with any Agent before granting them a listing to sell your property.

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These Terms and Conditions (Terms) govern your use of the website at www.performingagents.com.au (Website). Please read this page carefully. If you do not accept the Terms and Conditions stated here, 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. The Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing or using this Website for any reason, including, without limitation Sellers or Buyers. All references to “Sellers” in the Terms refers to those persons in the process of, or considering, selling or renting a property.

Your continued use of this website and the Company’s services constitutes your agreement to these Terms and Conditions and any modifications to them

Relationship of Real Estate Agents, Sellers and Buyers

The Website can only be used by legitimate sellers. We are a sourcing and management organization only wherein this web site serves as a portal between Sellers and recommended Real Estate Agents.

  • Any relationship between Real Estate Agents, Sellers and/or Buyers (or other users of the Website) shall be strictly between such parties (and not the Company). The Company is not involved in any way with such relationship or the advice, content, information or representations given therein and You take full responsibility for the decision to access such parties, and rely on such information, via the Website and through your own contact efforts.
  • The relevant Real Estate Agent you choose shall be the provider of real estate advice, services, information and suggestions (not us) and the Real Estate Agents’ opinions are solely their opinions (and not our own opinions).
  • Availability of a Real Estate Agent for your request shall be subject to availability. Agents have the right to not accept listings as we retain the right to not prepare reports for sellers if we deem it unreasonable.
  • We make no warranty about the standard, quality or accuracy of any advice, suggestions and information (such as the commission of the Real Estate Agent, whether any specific Real Estate Agent is appropriate for your property) the subject of your interaction with the Website or the relevant Real Estate Agent or the Seller (as the case may be) and their skills, credentials, experience, qualifications or other data regarding same (and any reliance placed on same). Therefore, You are encouraged to exercise a high standard of care and independently verify same before such interaction.
  • The Real Estate Agents and the Sellers are not our employees or agents and we assume no responsibility for any act or omission of any of the Real Estate Agent or the Sellers. We make no warranty about the standard, quality or accuracy of any advice, suggestions and information (such as the commission of the Real Estate Agent, whether any specific Real Estate Agent is appropriate for your property).
  • We will not be liable for enforcing any agreement that was made between you and a Real Estate Agent or a Seller (as the case may be) and you will be solely responsible for any agreement made with them.
  • Performing Agents charge an industry standard research and management fee of 20% of the total commission + GST only upon a settlement of the nominated property.
  • Each property made available through the Website by a user has not been evaluated by Company and should be evaluated by each Real Estate Agent based on the relevant Seller’s specific criteria. The Company does not independently verify the information provided by Sellers or the identity of Sellers.
  • Privacy

    We are committed to protecting Your Privacy in accordance with our Privacy Policy (please click here to view). By accessing the Website You agree to the terms of our Privacy Policy. To view our Privacy Charter, please click here

    The Company’s Liability

    Because user authentication on the Internet is difficult, the Company cannot and does not confirm that each Seller or Agent is who they claim to be. Because we do not and cannot be involved in Seller -to-Agent dealings or control the behaviour of participants on the Website, in the event that You have a dispute with an agent we recommend, You release the Company (and our agents and employees) from 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.

    Limitation of Liability

    To the extent permitted by law our aggregate liability to you, whether for breach of these Terms or in negligence or in any other tort or for any other common law or statutory cause of action arising in relation to these Terms or the Website is limited to the following, the choice of which is at our sole discretion:
    In the case of services:
    The supply of the services again by the Company recommending another performing Real Estate Agents
    Notwithstanding the above, You recognise that any contract for the supply of real estate services shall be between you and the Real Estate Agent (and not us).

    Governing Law and Jurisdiction

    These Terms are governed by the laws of Queensland and the parties irrevocably submit to the exclusive jurisdiction of the Courts of Queensland 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 the Company by email to [email protected] or via mail to the Company at Po Box 930 Coolum Beach QLD 4573. Notification and any action that the Company 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. The Company does not guarantee to take any action if notified under this clause.

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