1. General Conditions  

1.1 In these Promotional Terms and Conditions: 

(a) No Commission Offer means the promotional offer from Pacta Real Estate to the Principal whereby Pacta Real Estate agrees to not charge the Agent’s fee as set out in the Agency Agreement conditional upon the terms of these Promotional Terms and Conditions.  

(b) Marketing Package Offer means the promotional offer from Pacta Real Estate to the Principal whereby Pacta Real Estate agrees to provide a premium marketing package to the Principal for the Property at no charge conditional upon the terms of these Promotional Terms and Conditions.  

(c) Documented Appraisal Value means the amount listed in the section setting out the ‘Agent’s opinion as to current estimate selling price or price range’ in the Agency Agreement. For the purposes of these Promotional Terms and Conditions, if the amount listed in the Agency Agreement is a range, then the Documented Appraisal Value will be the lower amount in the range. 

2. No Commission Offer

Subject to satisfaction of the General Conditions contained at clause 4, Pacta Real Estate agrees to not charge the Agent’s fee as set out in the Agency Agreement if the Property is either not sold or sold for less than the Documented Appraisal Value after the Exclusive Agency Period.  

3. Marketing Package Offer 

Subject to satisfaction of the General Conditions contained at clause 4 and the Specific Conditions contained at clause 5, Pacta Real Estate agrees to provide a premium marketing package to the Principal for the Property at no charge if the Property is sold for less than the Documented Appraisal Value after the Exclusive Agency Period. The premium marketing package offered under the Marketing Package Offer will be as set out in Schedule 1 of these Promotional Terms and Conditions.  

4. General Conditions 

4.1 The No Commission Offer and the Marketing Package Offer may be offered separately, together or not at all at the sole discretion of Pacta Real Estate.  

4.2 The following general conditions apply to each of the No Commission Offer or the Marketing Package Offer and must be satisfied in order for the Principal to be eligible: 

(a) The Agency Agreement must designate an Exclusive Agency Period. 

(b) The No Commission Offer and/or the Marketing Package Offer may be offered by Pacta Real Estate to the Principal on or prior to the date the Agency Agreement is signed. The Principal may accept the offer from Pacta Real Estate only by signing the relevant section in these Promotional Terms and Conditions concurrently with the Agency Agreement and within 5 days of the date on which the Agency Agreement and these Promotional Terms and Conditions are issued to the Principal.  

(c) The No Commission Offer and/or the Marketing Package Offer will only apply during the Exclusive Agency Period and will automatically expire upon expiration of the Exclusive Agency Period. For the avoidance of doubt, any termination of the Agency Agreement will result in the automatic termination of the No Commission Offer and/or the Marketing Package Offer.  

(d) The Principal must not have: 

(i) withdrawn the Property from sale during the Exclusive Agency Period 

(ii) accepted an offer to purchase which is below the Documented Appraisal Value; or

(iii) refused to accept a bona fide offer to purchase which is above the Documented Appraisal Value,

during the Exclusive Agency Period. 

(e) The Principal must, at their own cost, agree to make arrangements to enhance the Property’s presentation, marketability and potential sale price including, but not limited to, cleaning, cosmetic repairs, decluttering and general maintenance including at Pacta Real Estate’s recommendation.

(f) Open homes scheduled by Pacta Real Estate must not be altered by the Principal.

(g) Where the Property is presently leased as at the date of the Agency Agreement, the Principal must coordinate with the existing tenants to ensure the Principal’s compliance with clause 4.2(e) and 4.2 (f) above. 

(h) Where the Property is to be sold by auction, the auction date and time agreed upon in the Agency Agreement must not be altered by the Principal. 

5. Specific Conditions 

5.1 The following special conditions apply to the Marketing Package Offer and must be satisfied in order for the Principal to be eligible: 

(a) Pacta Real Estate may engage consultants to provide services as part of the Marketing Package Offer. The Principal must follow all reasonable suggestions provided by the consultants in order to support the Property’s appeal and overall sale potential.  

6. Obligations on Principal for ineligibility 

6.1 If Pacta Real Estate has offered and the Principal has accepted the No Commission Offer but is subsequently found to be ineligible then the Principal will remain liable to Pacta Real Estate for the Agent’s fee as set out in the Agency Agreement.  

6.2 If Pacta Real Estate has offered and the Principal has accepted the Marketing Package Offer but is subsequently found to be ineligible then the Principal will reimburse Pacta Real Estate the total cost of the premium marketing package as set out in Schedule 1.   

7. No guarantee 

7.1 Despite any other provisions contained within, these Promotional Terms and Conditions are not a guarantee on either the sale or the sale price of the Property.