Terms and Conditions of PropertyNow
The user acknowledges that in addition to the terms of service of PropertyNow, both the user and PropertyNow, are also bound by the Terms of Service of third party websites such as Realestate.com.au. These additional terms of service include, but are not limited to, the Acceptable Use policy of Realestate.com.au.
New listings will be vetted by PropertyNow prior to being uploaded to PropertyNow and exported to third party portals. Please allow time for your listing to be verified by PropertyNow and uploaded to our system (Mantis Technologies). This is generally only a few minutes within our extended business hours. Listings completed after 7PM may not be vetted/activated until the following morning
Under no circumstances are you to enter your own contact details including contact name, contact number, email address etc. on the listing. Furthermore, no reference shall be made to Private Sale, Sale by Owner or similar terminology. This is expressly forbidden by third party portals. Failure to adhere to this term of service will result in de-activation and deletion of your listing. No refund will apply if this term is breached by the user.
It is the responsibility of the user to keep their username and password secure. The sharing of your username and password is forbidden under PropertyNow Terms of Service. If you believe that your username and password has been breached, please notify PropertyNow immediately.
There is no minimum term for sign up. The property is listed by PropertyNow until the user chooses to de-activate their listings, or if the listing is sold/leased.
It is a condition of use of this site that vendors have arranged the required contract for sale and which PropertyNow can verify in states where this is a legal requirement of marketing and sale.
Vendors warrant that they are either the legal owners of the property displayed and/or have the legal entitlement to sell the property. Vendors must be able to supply proof of ownership to PropertyNow. Proof ownership psuch as copy of title/council rates etc must be provided before a listing will be activated.
Vendors shall not provide dishonest or misleading information about their property to PropertyNow. An example of a misleading comment could be ‘no deposit needed’ when in fact a deposit is asked for. Another example may be ‘ocean views’ when such views are not genuinely available from a normal viewing position within the property. Please refer to the relevant sections within your state Fair Trading Office as to what else may constitute false or misleading information within a real estate advertisement.
Images and text supplied to PropertyNow must be owned and/or created by the vendor. Any use of images owned by third parties must only occur where a written authority has been obtained by the vendor from the legal or copyright owner of the images or data. Any images supplied must be actual photos of the property for sale or lease.
Vendors must provide the correct legal (generally the council rates) address on the property listing. Vendors must use the true and accurate suburb which represents the legal address of the property for sale. No vanity attempts may be made to secure greater search results by falsifying a correct legal address by using a more prominent adjoining suburb. The Departments of Fair Trading expressly forbid such a practice as do all the real estate portals which PropertyNow exports to. PropertyNow itself also insists on this as a standard requirement for all listings on its own website.
Vendors should consider whether they are in any legally binding contract for sale with either another real estate agent or person prior to marketing on PropertyNow website. Any existing real estate agency agreement with a third party may have the effect of causing a For Sale By Owner client of PropertyNow to be liable to a commission to that agent, even if the agent did not introduce the buyer to the property. Please understand we are not referring to our own agency, since we never charge commission on our agent assisted sales.
Vendors must be responsive to enquiries from buyers/tenants and PropertyNow within a reasonable timeframe. If a Vendor is going to be away or otherwise unable to respond to enquiries, they must pause their listing, provide alternative contact information, or otherwise advise PropertyNow of the situation via email, phone, or SMS.
Each listing must pertain to one (and only one) unique property/premises for sale/rent. It is not permissible to advertise multiple properties (such as numerous apartments within one building, numerous lots in a development etc.) within one listing.
Rental properties must be current in order to be advertised. Current here means that the property is available for leasing within seven weeks or less. When listings are confirmed leased they must be marked as such within the PropertyNow system. It is not permitted to keep a property active and/or simply extend the availability date whilst it is leased/not available for the purposes of "reusing" the same listing to lease the property in the future (e.g. after the end of 12 month tenancy attained through the first round of advertising.)
PropertyNow is reliant on other third party sites which PropertyNow subscribes to and pays fees to access. Such sites may alter without notice. PropertyNow reserves the right to add or delete any third party portal from its list of exported destinations without advance notice to existing users of PropertyNow. The third party use of any website within the PropertyNow export is at the sole discretion of PropertyNow . PropertyNow does not and cannot provide any guarantee regarding the continuity of these relationships. You, the user, indemnify PropertyNow from any actions on your behalf should PropertyNow be unable to provide access to any of its third party sites at any stage.
It is a condition of use of PropertyNow services that Vendors are at all times respectful and courteous in their dealings with PropertyNow staff members. Abusive behaviour of any kind will not be tolerated.
Any breach of these Terms and Conditions by a user may result in the user’s property being removed from PropertyNow however PropertyNow will first attempt to take actions to resolve the issue.
Unauthorised use of this site prohibited
Any person who uses this site without proper and lawful authority agrees to indemnify and keep indemnified PropertyNow against all and any liability, loss and damage of any kind caused by such improper and unlawful use.
You, as user, agree that in accessing information on PropertyNow you release PropertyNow, to the extent permitted by law, from claims regarding usage of data or information available on the website. PropertyNow will not be accountable for incidental or consequential damages ensuing from use of the data or information.
PropertyNow does not warrant that the website or any of its content will be available on a secure, virus free, continuous or uninterrupted basis. PropertyNow is not liable for any damage or loss suffered by users that may occur as a result of their inability or the inability of other users to access any of the content on the website.
PropertyNow provides no guarantees, undertakings or warranties regarding the correctness, comprehensiveness or currency of information, or its fitness for any paying or free users purpose or intent. Users are advised to confirm information at their discretion.
Information changed post-publication can alter information accuracy, and PropertyNow does not assure the information accuracy or guidance therein. Websites linked to from PropertyNow are not controlled by PropertyNow. Users must decide for themselves the correctness, comprehensiveness, trustworthiness and currency of information on third party sites.
PropertyNow Pty Ltd, trading as PropertyNow, is a Licensed real estate agency (License Number of our Licensee is - 928874) operating under the Federal Laws of Australia and real estate industry statutes.
Notwithstanding the above Terms and Conditions, PropertyNow shall abide by all relevant Australian laws and should any legislature change which affects the definition or interpretation of these terms PropertyNow may change these terms as a result without notice.