Extra clauses in the contract when selling a house in NSW

Discussion in 'Legal Issues' started by Abooking, 12th Jun, 2017.

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  1. Abooking

    Abooking Well-Known Member

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    I'm selling my IP by auction and the agent agreed to add clauses regarding the commission. i.e. if contracts are exchanged below $xxxxx then the commission is xx. If contracts are exchanged above $xxxxx then the commission is xxx.

    He's agreed to it via email after consulting with his licensee. Can I presume that its 100% legally enforceable if its added to the standard NSW auction agreement (contract). I think that most agents use the same standard NSW contract that the agents and vendors sign agreeing to the terms of the proposed sale.

    thanks
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    No you should not presume it is enforceable. Sounds like he doesn't have the power to bind the company if he is checking with the licensee
     
  3. Scott No Mates

    Scott No Mates Well-Known Member

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    Get the agreement from the licensee.