Melbourne Property Advocates - Terms and Conditions
Effective Date: 25/02/2025
Welcome to Melbourne Property Advocates. By accessing or using our services, you agree to be bound by the following terms and conditions. Please read them carefully.
1. Introduction
Melbourne Property Advocates ("we," "us," or "our") provides property advocacy services, including sourcing and recommending real estate agents for the sale of your property. We do not act as the selling agent but facilitate engagement between you ("the client") and third-party real estate agents.
2. Our Services
We offer professional property advocacy services, including:
- Agent Sourcing: Researching and recommending real estate agents suited to your property’s needs.
- Vendor Advocacy: Acting as an intermediary between you and the selected real estate agent.
- Marketing Oversight: Monitoring marketing strategies implemented by the agent to ensure effective promotion.
3. Client Responsibilities
- Accurate Information: Clients must provide complete and truthful information about their property and circumstances. False or misleading information may lead to service suspension or termination.
- Legal Compliance: Clients are responsible for ensuring their property meets all legal requirements, including necessary disclosures and compliance with zoning laws.
- Due Diligence: While we provide recommendations, clients must conduct their own due diligence regarding property transactions, including seeking independent legal and financial advice.
4. Fees and Refund Policy
- Service Fees: Fees for our services are outlined in our engagement agreement and are payable as agreed.
- Refund Eligibility: If a client is dissatisfied with our vendor advocacy services within the first two months, they may request a refund in writing with a valid reason. Refunds are granted at our discretion and processed within 14 business days of approval.
- Non-Refundable Transactions: Refunds will not be issued if services were paid via financing, as interest and fees apply to financed transactions.
- Vendor Responsibility: This refund policy does not serve as a buyout of an agreement. If a vendor cannot proceed with the sale due to personal circumstances, we are not liable, and no refund will be issued.
5. Limitation of Liability
- Third-Party Agents: While we recommend real estate agents, we are not responsible for their actions, omissions, or negligence. Clients must conduct their own assessment before engaging an agent.
- Service Interruptions: We strive to offer uninterrupted service but are not responsible for unforeseen delays or interruptions.
6. Marketing and Intellectual Property
- Marketing Material Ownership: Any marketing materials created for your property, including photography, videography, and brochures, are licensed to the contractor or marketer who produced them.
- Permission for Reuse: These materials cannot be reused for another advocate or agency without explicit permission from the original marketer or contractor. To obtain permission, clients may contact the original contractor directly or request assistance from us.
- Branding Use: Melbourne Property Advocates reserves the right to use its branding and logos in all marketing materials associated with your property.
- Case Studies and Testimonials: We may use your property sale history for case studies and client testimonials. If you wish to opt out, please notify us before signing an unconditional contract.
7. Privacy and Data Protection
- Data Usage: We collect and store client data in accordance with our Privacy Policy and applicable laws. We do not share personal data with third parties without client consent unless required by law.
- Security Measures: We implement industry-standard security measures to protect client data from unauthorized access.
8. Buyer Beware Notice
- Disclosure Obligations: Clients should be aware that, under Australian consumer laws, it is their responsibility to conduct due diligence before purchasing a property. This includes reviewing property condition reports, title searches, and seeking independent financial and legal advice.
- Property Settlement Transparency: Once a property has settled, its sale price may be publicly available through industry reporting services. While some transactions may not immediately appear in databases, most sales will eventually be accessible by real estate professionals, banks, and valuers. We are not responsible for the publication of this data, as it is governed by legislation.
9. Dispute Resolution
- Internal Resolution: Clients should contact us directly to address any concerns or disputes regarding our services.
- Consumer Affairs Victoria: If a resolution cannot be reached, clients may escalate their complaint to Consumer Affairs Victoria at 1300 73 70 30 or visit www.consumer.vic.gov.au.
10. Amendments to Terms and Conditions
Melbourne Property Advocates reserves the right to amend these Terms and Conditions at any time. Clients will be notified of any significant changes, and continued use of our services constitutes acceptance of the updated terms.
For any questions regarding these terms, please contact us at info@melbournepropertyadvocates.com