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TERMS & CONDITIONS

Binding Agreement

By utilising Total Clarity Realty’s website, this constitutes a binding agreement between you and us.  You therefore agree to accept and comply with our Terms and Conditions, notices which may be modified by us from time to time.  We therefore advise you to read the Terms and Conditions of Total Clarity Realty prior to using our website.  Should you not agree with the Terms and Conditions, please refrain from using our website as soon as practical.

Terms and Conditions of Total Clarity Realty

Residential sales listing service charges for Total Clarity Realty is $799.00 until sold.

To list properties on Total Clarity Realty, the following information is required:

Completed registration
Completed online form with complete details of the property
All photographs provided in jpeg format and provided via our emailed instructions
Completed online payment
Agreement to our Terms and Conditions

Once Total Clarity Realty has received all details of your listing, i.e. description and photographs, the Total Clarity Realty team will vet your submission and discuss any suggested changes where necessary. The information will be uploaded onto Total Clarity Realty’s website and exported to the third party portals, e.g. realestate.com.au.  Future changes are to be communicated to Total Clarity Realty where Total Clarity Realty will attend to these within 24 hours, unless there are situations beyond our control.

Under no circumstances can Total Clarity Realty enter your own personal contact details including contact name, contact number, contact email address, etc., on the listing. Furthermore, no reference will be made to Private Sale, Sale by Owner or other similar terminology.  This is expressly forbidden by third party portals, e.g. realestate.com.au.

The maximum term for sign up is 12 months of until the property is sold or Total Clarity Realty is notified that you wish us to de-activate your listing. If you wish to re-sign for a further term, a reduced loyalty fee of $299 will apply providing it is for the same property.

Total Clarity Realty’s General Website Terms of Conditions of Use

Vendors warrant that they are 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 Total Clarity Realty, if requested.

Please refer to the relevant sections within the Queensland Office of Fair Trading as to what else may constitute false or misleading information within a real estate advertisement.
When supplying property information to Total Clarity Realty, vendors must not, under any circumstances, make dishonest and or misleading statements about their property.  For example, the property address must be true and legal and misleading statements regarding property details, views, e.g. ocean, when there are none, are totally forbidden by Total Clarity, the Queensland Office of Fair Trading and the third party real estate sites that Total Clarity Realty export to.

Images and text supplied to Total Clarity Realty must be owned and or created by the vendor. Any supply of images owned by third parties can only occur when a written authority has been obtained by the vendor from the legal or copyright owner of the images or data.

Vendors must provide the correct legal (generally the Council rates) address on the property listing, including the Lot Number and RP Number.
Prior to any consideration of utilising Total Clarity Realty’s private sale service, vendors should ensure that they have no existing contract with another licenced Queensland real estate agency. Doing so could constitute a breach of the agents’ contract or have commission payable repercussions between the vendor and their current sales agency agreement within their agent.  To be completely sure, vendors are advised to have a solicitor check their sales agency agreement.

Advertising multiple properties with Total Clarity Realty is not permissible, e.g. multiple apartments within one building, numerous lots within a land development, within one listing.
The vendor acknowledges that Total Clarity Realty is reliant on other third party sites for advertising access and for which fees are paid. These sites may alter without notice to Total Clarity Realty and as such Total Clarity Realty reserves the right to add or delete any third party portal it utilises without prior notice to current users of Total Clarity Realty.  Total Clarity Realty maintains sole discretion as to the use of any third party website.  Interruptions, delays or cessation of the services provided on its website or linked third party site cannot be guaranteed by Total Clarity Realty.  As such you, the user, agree to indemnify Total Clarity Realty against any claim in relation to third party websites including costs, losses or damages of any kind as a consequence of terminating access to any third party website.

Information on the website, totalclarityrealty.com.au is of a general nature and should not be regarded as a substitute for professional legal real estate or financial advice and Total Clarity Realty strongly recommends that as a vendor or purchaser of real estate, you should obtain appropriate professional advice before entering into any contractual transaction and referring to the Queensland Government website at www.qld.gov.au.

You will at all times indemnify and keep indemnified Total Clarity Realty and its management, agents and employees from and against any loss, damage or liability, including legal costs and expenses, incurred by Total Clarity Realty arising from any claim, suit, demand action or proceedings by any person against Total Clarity Realty.
All intellectual property rights, including but not limited to, copyright, material and or services provided are hereby reserved by Total Clarity Realty.
Total Clarity Realty reserves the right, without obligation, to monitor the information provided for its website and third party websites and store or disclose any information that we collect for the purpose of any police investigation or government request.

Any property advertised for sale via Total Clarity Realty’s website and third party website, the owner hereby warrants and agrees:

That he or she, within 48 hours of the property being sold unconditionally will notify Total Clarity Realty in order that the property can be removed from the aforementioned websites.
That the terms of advertising, unless the property is sold, is for 12 months and at the expiration of this term the advertisement will be removed from Total Clarity Realty’s website and third party websites.

Limitation of Services

You hereby acknowledge that:

In assisting you with the private sale of your property by providing marketing services, Total Clarity Realty does not act on behalf of you, the owner, in relation to the sale transaction.
If any section of these Terms and Conditions is found to be void, unlawful or unenforceable, then that part will be severable from the balance of these Terms and Conditions and the severed part will not affect the validity and enforceability of any remaining sections or provisions.

Terms and Conditions contained herein are to be governed by and interpreted in accordance with the Laws of the State of Queensland, Australia, without giving effect to any principles of conflicts of laws.

Total Clarity Realty’s Disputes, Refunds and Remedies policy can be found by clicking here.

Privacy Statement

In accordance with Australian Law, we are committed to protect your privacy.  We therefore recommend that you read and review our Privacy Policy as it relates to our website and services to you.  The Privacy Policy therefore shall be deemed to be part of our Terms and Conditions.