1. INTRODUCTION

Magicsell Realty Group Pty Ltd, The magicsell.com.au website (the "Site") is comprised of various web pages to provide real estate marketing and sales services in certain states of Australia in return for a fixed fee. Magicsell Realty Group Pty Ltd (hereinafter “we”, “us”, “our”, or “Magicsell”) and its' subsidiaries, including its' duly licensed estate agent entities (together, “Magicsell Group”) offer to the vendors (hereinafter “you”, “your”, “seller” or “vendor”) real estate property marketing and sales services through Magicsell’s online platform. Our fixed fee business model includes following sales methods: a) DIY – Sell yourself; b) Sell with Agent (Hire Magicsell Agent).

Magicsell Realty License:
Victoria: 082622L
Queensland: 4214767
New South Wales: 10072633
South Australia: RLA 290100 

*Some exceptions to fixed fee model may apply where vendor specifically requests for an alternative fee model. Separate agreement will be signed in such exceptional cases.

Your use of magicsell.com.au constitutes your agreement to all such Terms. PLEASE READ THESE TERMS CAREFULLY, AND KEEP A COPY OF THEM FOR YOUR REFERENCE. BY CLICKING “I AGREE” TO THESE “TERMS AND CONDITIONS”, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS.

2. UPDATES

We may change these Terms and Conditions from time to time, by posting updates to our website. An update will be effective for any website use after the date of the update. We encourage you to review our Terms and Conditions from time to time for possible changes. Your use of our website after an update constitutes your agreement to the update.

3. SALE AUTHORITY

Magicsell Group's business is primarily funded through Sale Authorities (“Agency agreement” or “Sale Authority”). You understand and agree to sign the Sale Authority with Magicsell which is necessary to support the real estate property marketing and sales services. In the event of inconsistencies between these terms and the terms of Sale Authority, the provisions contained in the Sale Authority shall prevail and are intended to supersede anything contained in these terms which are inconsistent with the Sale Authority.

4. VENDOR ACCOUNT

To use our Website Services to sell yourself, Vendor must register himself/herself as a Seller. The Website will collect Vendor’s personal information in an online profile (“Profile”), viewable by vendor, the Website, and by other members under certain conditions provided in these Terms. A Vendor must provide truthful personal information as requested, including full name, address, email, phone number and other relevant information. Magicsell reserves the right, in its discretion, to approve or disapprove any vendor Account.  Vendor must update his/her account immediately in case of any change of information, such as contact information or address.

5. VENDOR’S ACKNOWLEDGEMENTS

In respect of vendor account information, vendor represent and warrant that: (a) vendor are of legal age; (b) vendor have the legal capacity to enter into these Terms; and (c) all information provided by vendor is true, accurate and not misleading, and will be maintained as such. If you provide any information that the Magicsell reasonably suspects is untrue, not current, misleading or incomplete, Magicsell may refuse any current or future use of the Website Services (or any portion thereof) by you. Also, you are responsible to maintain the confidentiality of your password and account and are fully responsible for all activities that occur under your account. You shall immediately notify us of any unauthorized use of your password or account or any other breach of security.

6. PRIVACY POLICY

We will safeguard account information in accordance with our Privacy Policy. You consent to the Magicsell's use and display on the Website of anonymous data records from information collected from your use of our Services, including market appraisal report and other nature of the services you requested in your area.

7. METHOD OF SALE

Before the advertisement of your property on various property listing sites, you will provide Magicsell, the method of sale on which you’d like your property to sell for.

7.1  Sell by Agent: In case of Private sale you will provide Magicsell, the price you’d like your property to sell for and Magicsell agent will do market research and will let you know the estimate of your property. We will advertise the property on or above your price and our agents will negotiates on behalf of you with the prospective buyers to achieve a sale price as close to your price as possible.

7.1.1 Auction: In case of auction sale, Magicsell will organise an auctioneer on your behalf and you will provide Magicsell the reserve price for such auction. You acknowledge and agree that Magicsell will share relevant information to the auctioneer for such auction. Once the action commences, you will be legally obliged to sell the property to the highest bidder during the auction.

7.2 Sell Privately – Sell Yourself: In case of sell yourself, Your property will be listed on the various real estate sales websites and your ask price, the price you’d like your property to sell for, will be displayed on those websites.

8. SELLING PRIVATELY

8.1  DO IT YOURSELF (DIY) – SELL OR LEASE

8.1.1        DIY- Sell Yourself : Following services will be provided to you, when you choose Magicsell’s DIY model to sell your property:

(i) Online advertisement on realestate.com.au, domain.com.au & other portals. Your property ad will appear on  realestate.com.au, domain.com.au & other property website(s). These are the websites we target for highest numbers of potential buyers.

(ii) Your property will also be listed on other real estate sales websites.

(iii) You will receive 24/7 customer support via email or phone in real time.

(iv) You will also receive sales advices from our expert real estate team.

Fees and Charges: You are required to pay AUD $699.00 as fixed agency fee before the listing of the property.

GST: Above fee is inclusive of GST.

Refund: Above fee is in Australian dollars and is non-refundable after listing of the property.

8.1.2 DIY- Lease Yourself: Following services will be provided to you, when you choose Magicsell’s DIY model to lease your property:

(i) Online advertisement on realestate.com.au, domain.com.au & other portals. Your property ad will appear on  realestate.com.au, domain.com.au & other property website(s). Your property will also be listed on other real estate leasing websites.

(ii) You will receive 24/7 customer support via email or phone in real time.

(iii) You will also receive details of all potential tenants who enquire about your property.

Fees and Charges: You are required to pay AUD $189.00 as fixed fee before the listing of the property.

GST: Above fee is inclusive of GST.

Refund: Above fee is in Australian dollars and is non-refundable after listing of the property.

8.2  LISTING TERMS AND CONDITIONS

These Terms, together with any other applicable terms and conditions of third party websites, governs in its entirety the relationship between Magicsell and the vendor in connection with the listing of property on various real estate sales websites for which vendor has paid a subscription. These additional listing terms includes, but are not limited to, the Acceptable Use policy of Realestate.com.au.

8.2.1 Our Services: For listing, following services will be provided to you by Magicsell:

  • You will receive 24/7 access to our portal to sell your property;
  • You will receive Buyer’s feedback and responses;
  • You will receive 24/7 customer support via email or phone;
  • You can download printable brochures of your property;
  • We will advertise your property on top domain sites such as realestate.com.au and domain.com.au; and
  • We will also advertise your property on the Magicsell website.

8.2.2 New Listing verification: In most of the cases, all new listings will be verified in 2-4 hours but it can take up to a maximum of 24 hours. After verification of all listing material uploaded by vendor, Magicsell will list the real estate property on Magicsell portal and other third-party portals.

8.2.3 Prohibited Actions: These prohibited vendor activities and actions are established to maintain listing services that is safe for buyers and fair for sellers and agents. Failure to comply with the terms of this policy can result in cancellation of listings, suspension from use of third party website, and the removal of advertisement. Following informations are prohibited in the description or the photos of vendor’s property:

  • Vendor’s name and phone numbers;
  • Email addresses;
  • Method of sale including Private Sale or Sale by Owner etc.

8.2.4 Password Protection: You are responsible to maintain the confidentiality of your password and account and are fully responsible for all activities that occur under your account. You shall immediately notify us of any unauthorized use of your password or account or any other breach of security.

8.2.5 List until Sold : After payment of fees by vendor for a private sale, Vendor can take time to sell his/her property. Magicsell will list your property until it is sold/leased or de-activated from their listings.

8.2.6 Property Ownership: Prior to the listing of vendor’s Property, the Magicsell may ask vendor to provide the Copy of Title Documents and other property related documents (including Copy of a council rates and Driver’s license) to confirm that vendor is the legal owner of that property. In the event, if the vendor decides to sell a property which is under the process of settlement with previous owner, a signed letter from the previous owner’s solicitor must be provided to Magicsell before listing of that property otherwise property will not be listed until the settlement.

8.2.7 Vendor’s Information: You acknowledge that all information provided by you about your property is true, accurate and not misleading. Failure to comply with the terms of this section can result in cancellation of listings, suspension from use of third party website, and the removal of advertisement.

8.2.8 Images and Contents: Certain portions of the Services may allow vendors to upload or otherwise provide to Magicsell images and photos of Vendor’s Property. For all such Images and Contents, Vendor represent and warrant that he/she is the creator and owner of the such materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Magicsell and other users to access and use such materials as necessary to exercise the licenses granted by vendor under these Terms.

8.2.9 Response Time: Except as otherwise expressly provided in these terms, the Vendor shall provide response to buyer’s enquiries, requested from time to time, within a resonable time frame after receipt of written request therefor. If vendor is going away or is unable to respond buyer’s enquiries, Vendor must inform Magicsell by either phone, SMS or e-mail.

8.2.10 One Listing Per Property: Only one listing per property is allowed. If you have multiple properties, they will each require an individual listing.

8.2.11 Right To Delist: Magicsell reserves the right to add or delist the property from third party websites with or without notice to vendor. Magicsell, in its absolute discretion and without any explanation or notification, reserves the right to choose any third party listing service provider.

8.2.12 How Listing Appears: According to the realestate.com.au website, the listings receives data in REAXML format, via FTP hosts. Magicsell has no control over your listing displayed on third party websites. Magicsell will attempt to resolve any issues where possible. Vendor must check the quality and content of his/her listings on the various third-party portals on a regular basis.

8.2.13 Behaviour: Magicsell does not give you any right to, and Vendor hereby agree not to do any harassment or discrimination of any kind or character, including conduct or language that: (a) is derogatory to any individual on the basis of race, gender, colour, religion, age, national origin, disability, sexual orientation, gender identity, or other protected class; or (b) creates an intimidating, hostile, or offensive environment (e.g., jokes, pranks, epithets, written or graphic material, or hostility or aversion toward any individual or group).

8.2.14 Breach of Terms: Failure to comply with the terms of this policy can result in cancellation of listings, suspension from use of third party website, and the removal of advertisement.

8.3  SELL WITH AGENT (HIRE MAGICSELL AGENT)

8.3.1        FREE MARKET APPRAISAL

Before signing sale authority for your property, conducting a property valuation is an essential step in the process. Valuations give you an estimate of how much your property should be worth based upon a number of different factors, giving you a good idea of the approximate marketing price when you decide to sell. Note that there are many factors that may have an effect on property value. Please note that, “Free Market Appraisal” is a non-binding guide to the potential market value of your Property.

Free Market Appraisal request: You can submit Free Market Appraisal request through our online booking request form available on our website or via phone/email/in-person contact, please visit “Contact Us” section for more details. If your property is located in our sales coverage area, our agent will contact you for your free property appraisal. Additional information will be asked, if required. You acknowledge that all information provided by you about your property is true, accurate and not misleading. Once the Agent has completed the Appraisal, our agent will provide you an estimated market value report for your property which is based on the similar property sales in your area. You can also engage Magicsell Realty Group Pty Ltd to sell your property by signing Sale Authority.

8.3.2 OUR SERVICES

Following services will be exclusively provided to you for a fixed fee, when you appoint Magicsell as your agents to sell your property by signing the Sale of Authority. Most of these services are provided as part of the Fixed Fee, however, some of these services require the payment of fixed additional amounts advised upfront:

8.3.2.1  We will provide you a dedicated licensed agent to appraise and manage inspection and sale of your property;

8.3.2.2  Your property will also be listed on real estate sales websites.

8.3.2.3  You will receive 24/7 customer support via email or phone in real time.

8.3.2.4  Our expert agent will negotiate with the potential buyers on your behalf;

8.3.2.5  We will provide you, for your property, an Independent Valuation from professional;

8.3.2.6  For sale of your property Professional photographs &Floor plans services will be provided to to you by a professional photographer;

8.3.2.7  We will also Create and Print Signboard and other Marketing materials for sale of subject property;

8.3.2.8  We will give you the access of Magicsell platform and its features and tools;

8.3.2.9  We will also provide the following services:

  • Access to Property insight;
  • Access to Suburb insight;
  • Progress and buyer interest tracking;
  • Tracking of the sales campaign; and
  • Organising an auctioneer on your behalf, if the property is going to be sold via auction (Additional cost will be applicable for auctioneer)

Fees And Charges: You are required to pay AUD $6999.00 [Plus AUD $650.00 in case of auction sales] as fixed agency fees upon settlement of the property transaction. All fees are in Australian dollars and are refundable in certain circumstances.

GST: All fees are inclusive of GST.

REFUND: No Sale – No Fees; except the following:

(i) Withdrawal by vendor during the exclusivity period, where a buyer has not been found, a fee of AUD $3000.00 will apply [Plus AUD $650.00 in case of auction sale].

(ii) Withdrawal by vendor after execution of sale contract; a fee of AUD $6999.00 will apply [Plus AUD $650.00 in case of auction sale].

(iii) Sale of property by vendor during the Sale Authority period; a fee of AUD $6999.00 will apply [Plus AUD $650.00 in case of auction sale].

8.3.3 AUCTIONS

If you choose to sell your Property by Auction Magicsell will need to instruct an Auctioneer.  The Auctioneer, as authorised by the Magicsell acting for the Vendor, presents the Property for sale by auction on behalf of the Vendor. An offer to purchase the Property may be made by any person present in person or by proxy or representative (“Bidder”) by making a bid at auction. You must provide Magicsell the reserve price for such auction. Magicsell acknowledges that it will not publish the reserve price on any of the listing websites. Once the action commences, you will be legally obliged to sell the property to the highest bidder during the auction. If there is a dispute concerning bids made at auction, where the Dispute arises before or after the fall of the hammer or some similar indication that the Property is sold, then the Auctioneer will decide the Dispute in a way that he or she deems appropriate. The decision of the Auctioneer is final and gives rise to no claim by any person against another.

Fees and Charges: You are required to pay AUD $650.00 for arrangment of auctioneer.

GST: Above fee is inclusive of GST.

Refund: Above fee is in Australian dollars. If a date for the auction sale has been booked via vendor; a fee of AUD $650.00 will apply and become non refundable.

10. CHANGES IN FEES

If Magicsell changes the fees for all or part of the Services, including by adding fees or charges, Magicsell will provide you advance notice of those changes. If you do not accept the changes, Magicsell may discontinue providing the applicable part of the Services to you.

11. PAYMENT

Magicsell’s authorized third-party payment processor (i.e. Stripe) will charge the fees upon settlement of the property. You authorize Magicsell to charge all fees as described in these Terms for its Services. If you pay any fees with a credit card, Magicsell may seek pre-authorization of your credit card account before settlement of the property to verify that the credit card is valid and has the necessary funds or credit available to cover our fees. If you think you have been incorrectly charged, get in touch with us immediately- payments@magicsell.com.au

12. SOLICITOR SERVICES

Magicsell does not offer any solicitor/conveyancing services but may organize such services upon vendor’s request. Vendor will contact directly with the solicitor; and Magicsell will not be liable for any fees payable to solicitor by the vendor for his/her services. Alternatively you are free to appoint your own Conveyancer and also deal with that Conveyancer directly.

13. MARKETING

Magicsell will use its best endeavours to provide the Advertising Services and publish the Vendor’s Property Ad in accordance with these terms and conditions. Magicsell will publish and display such advertisements on various property portals. Before display, Magicsell will provide you with a copy of your Ad for your review and approval.

13.1 Photographs by professional Photographer: As per our Professional photographs &Floor plan services we will book your appointment with our professional photographer who will also prepare the floor plan of your property. It is the responsibility of vendor to ensure that photographer has full access to vendor’s property on the scheduled dates. Should photographer arrive and be unable to provide service due to lack of access, vendor will be charged full amount of photography services.

13.2 Signboards: Vendor acknowledges that Signboards will continue to be the exclusive property of the Magicsell. Vendor bears the entire risk of loss, theft, damage or destruction of the Signboards in whole or in part from any reason whatsoever, until the Signboards are returned to the Magicsell. Vendor will be charged full amount of Signboards in case of loss, damage or replacement of signboards.

13.3 Additional Advertising: Fees for all additional advertising will be charged separately.   

14. VENDOR MATERIALS

Certain portions of the Services may allow vendors to upload or otherwise provide to Magicsell images, photos, video, data, text, and other content (“Vendor Materials”) related to the property. By uploading or otherwise providing such materials to the Services, you grant Magicsell an irrevocable, perpetual, royalty-free worldwide license to: (i) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, prepare derivative works of or incorporate into other works, and translate your materials, in connection with the Services, or in any other media; and (ii) sublicense these rights, to the maximum extent permitted by applicable law. Magicsell will not pay you for your materials or to exercise any rights related to your materials. Magicsell may remove your materials from advertisement at any time. You are solely responsible for all materials made through your account(s) on the Services or that you otherwise make available through the Services. For all Vendor Materials, you represent and warrant that you are the creator and owner of the such materials, or have the necessary licenses, rights, consents, and permissions (including all permissions required under applicable privacy and intellectual property law) to authorize Magicsell and other users to access and use your materials as necessary to exercise the licenses granted by you under these Terms.

15. PROPERTY MANAGEMENT

15.1 Inspection: Vendor shall permit buyer and our agent to enter the Property, at reasonable times after reasonable prior notice to Vendor and after prior notice to the tenants of the Property as required by the tenants' leases, to conduct inspections, tests, surveys and other investigations.

15.2 Keys: You agree to supply the Agent with one set of keys for all lockable doors, cupboards and areas that form part of your Property.

16. LIABILITY DISCLAIMER 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. MAGICSELL MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

MAGICSELL MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. MAGICSELL HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MAGICSELL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF MAGICSELL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

17. ELECTRONIC COMMUNICATIONS

When you visit our website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that the communications be in writing.

18. INDEMNIFICATION

You agree to defend, indemnify and hold Magicsell and its affiliates, service providers, partners and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this Website or the Materials.

19. JURISDICTION AND APPLICABLE LAW

The use of the Website or other related services and any agreements entered into through the Website are to be governed by and construed in accordance with the laws’ of Australia without any conflict of laws. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in Melbourne, Australia for any action or proceeding arising out of or relating to these Terms and Conditions.

20. RELATIONSHIP & TERMINATION

You agree that no joint venture, partnership, employment relationship exists between you and Magicsell as a result of these terms. We may terminate your registration and/or deny you access to the Website or any part of it (including any services or information available on or through the Website) at any time in our absolute discretion and without any explanation or notification. If you want to terminate the Services at any time, you may do so by (a) notifying Magicsell and (b) closing your registered account for the Services that you use. Please send your termination notice at: support@magicsell.com.au.

21. EFFECT OF TERMINATION

Upon termination for any reason or no reason: (i) all rights and licenses granted in this terms shall immediately and automatically cease; and (ii) Magicsell shall delete or destroy the Ads, Data and any other information (Confidential or Non-Confidential) of the Vendor.

22. ENTIRE AGREEMENT

These terms and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third Party Providers) constitute the entire agreement and understanding between you and the Magicsell. No action of Magicsell, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of magicsell is authorized to waive it orally.

23. WAIVER AND SEVERABILITY

If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall in no way affect that party’s right to enforce such provisions, nor shall the waiver by either party of any breach of any provision of this Agreement be taken or held to be a waiver of any further breach of the same provision.