Special Conditions for use in Residential Conveyancing Contracts

Conditions of Use of Special Conditions

1. The REIQ has retained Australian Legal Practitioners to prepare a suite of special conditions (“the Special Conditions”) which may be incorporated, as and when required, into contracts for the sale of residential properties (“property contracts”).

2. The Special Conditions are made available by the REIQ to subscribers of Realworks (“the subscriber”) on the following terms and conditions. These terms and conditions of use must be accepted before the REIQ makes the Special Conditions available for use by the subscriber.

3. The subscriber’s acceptance of the terms and conditions of use of the Special Conditions must be evidenced by the subscriber’s completion of the online request form utilising the “I accept” box at the foot of this page.

4. The Special Conditions are made available by the REIQ for use only by authorised representatives of Licensees appointed under the Property Agents and Motor Dealers’ Act 2000 (PAMDA).

5. The Special Conditions are made available solely for the purpose of assisting subscribers in the performance of their work as PAMDA Licensees and employees, and for no other purpose.

6. The subscriber agrees and undertakes that, in utilising the Special Conditions, he or she may:

1. Fill in details in the Special Conditions in the property contract as part of performing his or her work as a PAMDA Licensee;
2. Cross out, or leave an alternative included, in the property contract;
3. Change details about the transaction the subject of the property contract;
4. Change the grammatical form of words in the clauses inserted or altered in the property contract;

BUT THE SUBSCRIBER WILL NOT:

1. Give any legal advice about the property contract; the Special Conditions; or the details filled in, or any alternatives included in or deleted from, the property contract;
2. Amend or alter (except as particularised above) the Special Conditions.

7. In making the Special Conditions available for use, the REIQ states that:

1. The Special Conditions have been prepared by Australian Legal Practitioners retained by the REIQ and not by the REIQ or any officer or employee of the REIQ;
2. The REIQ does not certify or warrant the reliability, accuracy or efficacy of the Special Conditions;
3. Liability with respect to the reliability, accuracy and efficacy of the Special Conditions lies with the Australian Legal Practitioners whom the REIQ retained to draft the Special Conditions;
4. Subscribers should seek their own legal advice in respect of the Special Conditions.

8. By acceptance of these conditions of use, the subscriber releases, discharges and forever holds harmless the REIQ, and agrees to indemnify and keep indemnified the REIQ, from any and all loss
arising from any and all causes of action, claims (including claims for legal costs and consequential loss of profit) demands, actions, suits or proceedings of whatsoever nature, which the subscriber, or anyone acting on behalf of or with the authority of the subscriber, has, has had or but for acceptance of these terms of use, may have had against the REIQ in connection with or arising out of the use of the Special Conditions.