Terms and Conditions
These Terms and Conditions govern your use of the website beforetheagent.com.au and any services provided by Before The Agent (ABN: 51 693 805 597) (“Before The Agent”, “we”, “us”, or “our”).
By accessing our website or engaging our services, you agree to be bound by these Terms and Conditions.
1. Nature of Services
Before The Agent provides vendor advocacy and property advisory services. This includes recommending and assisting with the selection of real estate agents, providing strategic advice, and supporting clients throughout the sale process.
We act solely as an independent advisor and facilitator.
Before The Agent is not a licensed selling agent and does not conduct the sale of property.
All sales activity, marketing, and negotiations are carried out by the appointed real estate agent.
2. Engagement
By engaging Before The Agent, you appoint us as your exclusive vendor advocate in relation to your property for the duration of the engagement.
You agree not to engage, appoint, or negotiate with a selling agent without notifying us during this period.
3. Scope of Services
Our services may include, but are not limited to:
● Recommending suitable real estate agents
● Assisting with the review of agency agreements and marketing proposals
● Providing guidance on pricing, method of sale, and presentation
● Liaising with agents throughout the campaign
● Providing feedback, reporting, and strategic advice
You acknowledge that the appointed agent is solely responsible for executing the sale of your property.
4. Fees and Commercial Arrangements
Our services are typically provided to you at no direct cost.
You acknowledge and agree that:
● Before The Agent may receive a referral fee, commission share, or other form of payment from the appointed real estate agent
● This payment is made by the agent and does not increase the commission or fees payable by you to the agent
● You consent to these commercial arrangements
5. Client Obligations
You agree to:
● Act in good faith at all times
● Provide accurate, complete, and timely information
● Notify us of any direct dealings with real estate agents
● Not circumvent or bypass our involvement in agent engagement during the term
Failure to comply with these obligations may result in termination of services and/or limitation of our responsibilities.
6. Term and Termination
Your engagement with Before The Agent continues until:
● The property is sold; or
● Either party provides written notice of termination
We reserve the right to terminate services at any time by written notice.
Post-Termination Entitlement If:
● A real estate agent has been introduced by us; or
● You engage an agent we introduced (whether before or after termination);
Then Before The Agent remains entitled to receive any agreed referral fee or commission from that agent upon sale of the property.
Costs
You agree to reimburse us for any third-party costs, services, or expenses incurred on your behalf prior to termination where those costs have already been committed or invoiced.
7. Authority and Reliance
We provide advice based on information available at the time.
While we take reasonable care in providing guidance:
● We do not guarantee outcomes, including sale price, timing, or market performance
● You acknowledge that all final decisions are made by you
You should seek independent legal, financial, or taxation advice where appropriate.
8. Limitation of Liability
To the maximum extent permitted by law:
● Before The Agent excludes all liability for any loss, damage, or claim arising from your use of our services or reliance on our advice
● We are not liable for the acts, omissions, or performance of any third-party agent or service provider
● Our liability, where it cannot be excluded, is limited to the re-supply of services
9. Privacy
We collect, use, and disclose personal information in accordance with our Privacy Policy.
By using our services, you consent to us sharing relevant information with real estate agents and service providers for the purpose of facilitating your property sale.
10. Website Use
You agree not to:
● Use this website for unlawful purposes
● Interfere with its functionality or security
● Reproduce or distribute content without permission
All content on this website remains the property of Before The Agent unless otherwise stated.
11. Third-Party Relationships
We may recommend or refer third-party service providers.
You acknowledge that:
● These providers are independent of Before The Agent
● We do not control or guarantee their services
● Any agreement you enter into with them is separate from us
12. Entire Agreement
These Terms and Conditions, together with any written engagement agreement, constitute the entire agreement between you and Before The Agent.
No variation is effective unless agreed in writing.
13. Governing Law
These Terms and Conditions are governed by the laws of the State of Victoria, Australia.
Any disputes arising in connection with these terms will be subject to the jurisdiction of the courts of Victoria.
14. Contact
Before The Agent
Email: info@beforetheagent.com.au
Website: beforetheagent.com.au