General Terms and Conditions

Last Updated: September 2026

These General Terms and Conditions (the “Terms”) govern the relationship between EyeQ Property Pty Ltd (ABN: 91 698 336 917) (“EyeQ Property,” “we,” “us,” or “our”) and the client named in the accompanying Service Agreement or Statutory Appointment Form (“the Client,” “you,” or “your”).

By executing a Service Agreement, Statutory Appointment Form, or instructing us to provide services, you agree to be bound by these Terms.

1. Engagement and Scope of Services

• EyeQ Property provides professional property services across multiple primary capacities, as specified in your agreement:
  • Acquisition Services (Buyer’s Advocacy): Searching, evaluating, performing due diligence, and negotiating/bidding for a residential or commercial property on your behalf.
  • Disposal Services (Selling Agency / Vendor Advocacy): Marketing, listing, managing the sales process, or appointing and managing co-agents to sell your property.
  • Specialised Advisory Services: Where specified in your agreement, our scope may also include:
    • Property Portfolio Management: Strategic portfolio analysis, asset optimization, and scaling advice for property investors.
    • Aged Care Transitions: Specialised advocacy, coordination, and strategic property liquidation support to fund entry into residential aged care facilities.
    • Commercial Property Transactions: Acquisition, disposal, or leasing advisory for commercial, industrial, or retail real estate assets.
• Our services are strategic and advisory. While we utilize rigorous market intelligence, the final decision to purchase, sell, list, lease, or accept an offer on any real estate rests solely with the Client.
• We act exclusively as your independent partner, fiercely aligned with your objectives.

2. Statutory Appointments and Exclusivity

• Sales Appointments: Where EyeQ Property is engaged to sell or purchase a property on your behalf, this agreement must be accompanied by the relevant state-approved statutory appointment form or agency agreement:
  • In Victoria: An Exclusive Sale Authority or Buyer’s Agent Authority in accordance with the Estate Agents Act 1980 (Vic).
  • In Queensland: A Form 6 (Appointment and Reappointment of a Property Agent) under the Property Occupations Act 2014 (Qld).
  • In New South Wales: A written Agency Agreement (Exclusive Agency Agreement or Buyer’s Agency Agreement) complying with Section 55 of the Property and Stock Agents Act 2002 (NSW).
• NSW Cooling-Off Period: For residential property or rural land agreements executed in New South Wales, the Client acknowledges receiving the approved consumer guide (“Agency agreements for the sale of residential property”) prior to signing. The Client is entitled to a statutory cooling-off period ending at 5:00 PM on the next business day or Saturday after signing, which may be exercised or waived in writing in compliance with Section 59 of the Act.
• Exclusivity: Unless explicitly stated otherwise in writing, your engagement of EyeQ Property is strictly exclusive for the asset class or specific property address defined. You must not engage another agent or advocate during the term of an exclusive agreement.
• If a sale or purchase occurs during the term of exclusivity—or within 6 months following termination where the property or buyer was introduced by us—the full agreed fee remains payable by the Client.

3. Fees, Expenses, and Trust Monies

• The Client agrees to pay EyeQ Property the fees specified in the Service Agreement or Statutory Appointment Form, which may consist of an Engagement Fee (Retainer), Marketing Fees, and a Success/Commission Fee (either fixed or percentage-based).
• Marketing and Expenses: For property sales, all advertising, marketing, and auctioneer expenses are payable by the Client as outlined in the budget schedule and are separate from our commission fee.
• Payment Terms: Success fees and commissions are deemed earned upon a sales or purchase contract becoming unconditional and are payable at or prior to settlement. General invoices are payable within 7 days of the invoice date.
• Trust Account: Any deposit monies received by EyeQ Property on behalf of a client will be held securely in our legally mandated Real Estate Statutory Trust Account until lawful disbursement is authorized at settlement.

4. Client Obligations and Transparency

• The Client must provide completely accurate, timely, and lawful information regarding property details, defects, financial capacities, or material facts.
• For vendor clients, you must disclose all material facts regarding the property’s condition, boundaries, and legal encumbrances. EyeQ Property is legally required to represent properties accurately and cannot conceal material defects or misrepresent estimated selling prices to prospective buyers.

5. Third-Party Referral Fees and Disclosures

• Referral Arrangements: In the course of providing our services, EyeQ Property may refer the Client to trusted third-party ancillary service providers (including, but not limited to, mortgage brokers, conveyancers, building inspectors, and property managers).
• Disclosure of Benefits: EyeQ Property may receive a referral fee, commission, or non-monetary benefit from these third-party providers as a result of a referral.
• Statutory Compliance: We are committed to absolute transparency and professional integrity. Where a referral fee or benefit is expected or derived, we will fully disclose the arrangement, the relationship, and the exact value or nature of the benefit to the Client prior to any transaction taking place, as legally required by:
  • The approved Rebate Statement requirements under Section 48A and 49A of the Estate Agents Act 1980 (Vic).
  • The mandated Disclosure to Prospective Buyer (Form 8) under Section 157 of the Property Occupations Act 2014 (Qld).
  • The mandatory disclosure statement under Section 57 of the Property and Stock Agents Act 2002 (NSW) identifying the source and amount of all rebates, discounts, and commissions.
• The Client is under no obligation to utilize any third-party providers recommended by EyeQ Property and is entirely free to engage providers of their own choosing.

6. Market Intelligence and Intellectual Property

• All proprietary research, property evaluations, forensic due diligence, digital marketing assets, and data analytics compiled by EyeQ Property remain our intellectual property.
• Information provided to you is for your specific transaction only and must not be distributed or published to third parties without our explicit written consent.

7. Limitations, Disclosures, and Liability

• EyeQ Property provides elite property market advice but does not provide formal legal, tax, accounting, structural engineering, or licensed financial advice. It is a strict condition of our service that Clients retain independent legal practitioners (solicitors or licensed conveyancers) to review contracts of sale, and qualified financial professionals, financial planners, or accountants to evaluate individual investment portfolios, tax strategies, or aged care financial structures.
• Real estate markets are subject to fluctuations. EyeQ Property does not guarantee specific capital growth, rental yields, or future financial performance, and cannot be held liable for post-transaction market shifts.
• Limitation of Liability: To the maximum extent permitted by law, EyeQ Property’s total aggregate liability arising out of or in connection with these Terms and our services (whether in contract, tort including negligence, equity, or statute) shall be strictly limited to the total professional fees paid by the Client to EyeQ Property under the specific agreement. We accept no liability for losses arising from third-party data errors, inaccurate public records, or material facts withheld by the Client.

8. Privacy and Data Protection

• All personal information collected in connection with these Terms, our website, or client onboarding is managed in strict accordance with the Australian Privacy Principles (APPs) and the Privacy Act 1988 (Cth), as detailed in our comprehensive website Privacy Policy available at www.eyeqproperty.com.au.

9. Dispute Resolution

• We encourage open communication and request that any complaints or disputes be raised directly with us first. We will acknowledge your concern in writing within two (2) business days and provide a written proposed resolution within ten (10) business days.
  • Please email dispute to info@eyeqproperty.com.au
• If a dispute cannot be resolved internally, parties may seek mediation or escalate the matter through relevant statutory bodies (such as Consumer Affairs Victoria or the Office of the Australian Information Commissioner for privacy-related concerns).

10. Termination

• Termination of a buying or advisory agreement must be made in writing with 14 days’ notice.
• Termination of a selling agreement is strictly subject to the statutory timeframes, restrictions, and guidelines set out in the relevant state authority (e.g., maximum terms and notice periods stipulated under QLD Form 6, VIC Exclusive Sale Authorities, or NSW Agency Agreements). Upon termination, any accrued expenses or outstanding marketing costs are immediately due and payable.

11. Governing Law

• These Terms are governed by and construed in accordance with the laws of the State of Victoria, Australia, and any applicable state jurisdiction where a specific real estate property transaction is legally registered and executed. All parties submit to the non-exclusive jurisdiction of the courts of those jurisdictions