You are registering your vendor's property to sell through the AuctionNow platform. AuctionNow provides services in "online auctions" or "live auctions". You can select the service which you wish to use for your vendor and register here to upload your property onto AuctionNow.
A live auction is a public outcry where an auctioneer will conduct an auction with a live audience and participants can be online with the AuctionNow system.
Process whereby:
• A property is offered for sale online;
• All bidders are registered online;
• The bids are all electronically recorded;
• A price is set through our competitive bidding program which only finishes when no bids are recorded for a period of time; and
• A contract is entered into electronically.
You MUST provide the following information when registering your vendor's property to sell through the AuctionNow platform:
1. Agency Name
2. Agency Licence #
3. Sales Person's Name
4. Property Address
5. Vendor/s Names
6. Reserve Price (must be provided to auctioneer prior to commencement of auction)
The agent appoints AuctionNow to facilitate the sale of the vendor's property by way of either live auction or online auction. The agent warrants that the vendor has authorised the sale of the property by way of either live auction or online.
When accepting the terms and conditions of the AuctionNow live auction or online auction agreement, the agent accepts responsibility for the payment of the AuctionNow online auction fees. The AuctionNow online auction fees are:
1. $49 per property for Live auction (FREE until 1 July 2018)
2. $199 per property Buy Now Auction (FREE until 1 July 2018)
1. RESPONSIBILITIES OF AuctionNow
1.1 AuctionNow is responsible for using its best endeavors to maintain the AuctionNow platform which is principally designed:
a. To sell property to the highest bidder by way of online auction;
b. To set a price by the means of online auction; and
c. To facilitate the exchange of contracts to formulate binding contractual arrangements.
1.2 More specifically, the AuctionNow platform will:
a. Provide for the registration of agents;
b. Provide for the registration of bidders (users);
c. Provide for the uploading of advertisements and properties;
d. Provide a mechanism which enables bids to be recorded; and
e. Provide an electronic contract exchange service.
2.1 AuctionNow is not responsible for:
a. The identity of the vendor;
b. The efficacy of the contract for sale and purchase of land;
c. The identity of the bidder; or
d. The compliance with the execution of the contract of sale and purchase of land.
2.2 AuctionNow is not responsible where bidders fail to file bids in accordance with the platform and thereby causes loss to the vendor.
2.3 AuctionNow cannot be held liable for any loss or claim that results from any failure of the computer system whereby bids are not recorded.
2.4 AuctionNow bares no liability for any loss sustained by any bidder due to an error or failure of the electronic device, which is being utilised for bidding.
2.5 The agent indemnifies AuctionNow against any loss, claim for damage or other action in relation to:
a. Misleading and deceptive conduct;
b. Unconscionable conduct;
c. Mental capacity; or
d. Any torts or contractual claim.
3.1 It is the responsibility of the agent to verify the identification of their vendor/s prior to the auction commencing.
3.2 It is the obligation of the agent:
a. To identify all prospective purchasers;
b. To advise the purchasers how to register online;
c. To collect all purchasers documents as required by all state, territory and commonwealth legislation;
d. Complete the agency agreement to permit the use of AuctionNow;
e. To advise solicitors regarding special conditions which should be included in the contract for sale of land to facilitate the AuctionNow Online Auction platform.
4.1 The agent is responsible for ensuring that the agency agreement or authority entered into by the principal contains the following:
a. The agent is authorised to market the property on the AuctionNow platform;
b. The agent is authorised to sell the property through the AuctionNow platform;
c. Where the auction is an online auction the Auctioneer in AuctionNow is appointed as the auctioneer;
d. Where the auction is an online auction the Auctioneer in AuctionNow is authorised to execute contracts where the vendor or purchaser cannot execute the contract for sale of land; and
e. The vendor authorises the contracts to be exchanged by electronic transaction.
4.2 The agent is not obliged to comply with 4.1 however if these provisions are not provided for and the vendor makes any claim, the agent indemnifies AuctionNow against any loss, claim or action taken against AuctionNow.
The agent is responsible for ensuring the required conditions to enable an electronic transaction for the contract for the sale of the property pursuant to the relevant legislation of that jurisdiction are provided to the vendor's solicitor and given effect to in the contract.
6.1 This agreement is subject to the Electronic Transactions Act 2000.
6.2 This agreement may be entered into by way of electronic signature.
7.1 AuctionNow reserves the power to restart any online auction where it is of the belief that bidders may have been prejudiced.
7.2 Where the power set out in 7.1 is utilised, AuctionNow is not liable for any loss or claim where persons may be prejudiced by the restarting of the auction.
7.3 AuctionNow is empowered to cease an auction where it believes:
a. Collusive practices exist between bidders; or
b. Where dummy bidders are being used by either the agent or the vendor.
The sale and purchase of the Property is to be conducted as an electronic conveyance in accordance with the provisions of this contract and the Electronic Conveyancing National Law as adopted and applied in this jurisdiction. Where any inconsistency arises between the provisions of this contract and the provisions of the Electronic Conveyancing National Law, the latter shall prevail.
(information as at March 2018)
| NSW | Electronic Conveyancing (Adoption of National Law) Act 2012 (NSW) |
|---|---|
| VIC | Electronic Conveyancing (Adoption of National Law) Act 2013 (VIC) |
| QLD | Electronic Conveyancing National Law (Queensland) Act 2013 (QLD) |
| WA | Electronic Conveyancing Act 2014 (WA) |
| SA | Electronic Conveyancing National Law (South Australia) Act 2013 (SA) |
| TAS | Electronic Conveyancing (Adoption of National Law) Act 2013 (TAS) |
| NT | Electronic Conveyancing (National Uniform Legislation) Act 2013 (NT) |