This Agreement is governed by applicable Australian state and federal legislation, including but not limited to the Australian Consumer Law and relevant property legislation in each jurisdiction in which the Services are provided.
I/We acknowledge and agree that LS Property Trading Pty Ltd (ABN 79 682 707 017) trading as Nextprop will provide buyer’s agent services as described in the Schedule of Services. These Terms and Conditions and the Schedule constitute the entire agreement between the parties and supersede all prior discussions, representations, or understandings.
Our Disclosures
Please read this Agreement carefully prior to acceptance. By accepting this Agreement, you acknowledge and agree that:
• Subject to Australian Consumer Law, where there is an issue with the Services, Nextprop will work with the Client to resolve the matter. Where appropriate, this may include re-providing the relevant Services or refunding the portion of fees paid for those Services.
• Deposits and upfront fees are generally non-refundable and non-transferable, except where required under Australian Consumer Law.
• Nextprop may reference your engagement and anonymised results in marketing or promotional material. Any use of personal images or identifiable information will only occur with your consent, which may be withdrawn for future use.
Nothing in this Agreement is intended to exclude, restrict, or modify any rights you may have under Australian Consumer Law.
1. Acceptance and Term of Agreement
1.1 Acceptance
The Client accepts this Agreement by the earliest of the following actions:
(a) signing and returning this Agreement, including electronically;
(b) accepting this Agreement online or providing written confirmation;
(c) instructing Nextprop to proceed with the Services, whether verbally or in writing; or
(d) paying any part of the agreed fees, including the upfront deposit.
Acceptance constitutes the Client’s instruction for LS Property Trading Pty Ltd (ACN 682 707 017) trading as Nextprop to commence the Services and incur time, costs, and resources on the Client’s behalf.
1.2 Term of Agreement
The term of this Agreement is six (6) months from the date of acceptance, unless otherwise stated in the Schedule of Services.
During the term, the Client grants Nextprop exclusive authority, limited to the agreed search criteria, to:
• search for suitable properties;
• appraise and assess properties;
• negotiate the purchase of property; and
• attend or bid at auctions where authorised in writing by the Client.
If the term expires before the Services are fully utilised, the parties will review progress and agree in writing whether the Services are to be extended, amended, or concluded.
2. Services
2.1 Scope of Services
In consideration of payment of the agreed fees, Nextprop will provide the buyer’s agent services outlined in the Schedule of Services, either directly or through approved third parties.
2.2 Excluded Services and Costs
Unless expressly stated otherwise in writing, the following are not included in Nextprop’s fees and are the sole responsibility of the Client:
• building and pest inspections;
• strata, body corporate, or title searches;
• conveyancing and legal services;
• finance, lending, and brokerage services;
• valuations and council or planning reports;
• renovation, repair, maintenance, or construction costs;
• holding costs including rates, insurance, utilities, and property management;
• stamp duty, government charges, and taxes.
Nextprop may recommend third-party providers, however the Client engages those providers directly and at their own cost.
2.3 No Responsibility for Third Parties
Nextprop is not responsible for the acts, omissions, advice, delays, or outcomes of any third-party service providers.
2.4 Timeframes
Any timelines provided are estimates only. Nextprop does not guarantee outcomes or timing.
2.5 No Guarantee of Growth
You acknowledge that property values and market performance are influenced by factors outside Nextprop’s control, including market conditions, economic changes, supply and demand, and broader industry trends. While Nextprop undertakes thorough research and analysis when recommending properties, no guarantee is given that any property will increase in value or achieve a specific level of growth.
3. Fees and Payment
3.1 Fees
Fees are as set out in the Schedule and are inclusive of GST unless stated otherwise.
3.2 Payment Structure
Unless otherwise agreed:
• $2,000 is payable upfront upon engagement
• the balance is payable immediately once a contract of sale becomes unconditional or upon a successful auction purchase.
3.3 Commencement of Services
Nextprop will not commence active sourcing until the upfront payment is received.
3.4 Late Payments
If payment is overdue, Nextprop may charge interest at the Reserve Bank of Australia cash rate plus 2 percent per annum and suspend Services until payment is made.
If an invoice remains unpaid for more than 14 days, Nextprop may take recovery action and recover all reasonable enforcement and collection costs.
4. Client Acknowledgements and Warranties
The Client acknowledges and agrees that:
• Nextprop does not provide financial, legal, taxation, accounting, or investment advice;
• all commentary and assessments are general in nature and opinions only;
• property assessments are not formal valuations;
• renovation feasibility and costs are estimates only;
• the Client is solely responsible for all purchasing and renovation decisions;
• independent professional advice must be obtained before entering into any contract.
The Client warrants that all information provided to Nextprop is accurate and complete and indemnifies Nextprop against loss arising from reliance on incorrect information.
5. Deposits, Refunds, and Cancellation
5.1 Deposits
A deposit of $2,000 is payable upon engagement.
5.2 Discretionary Refunds
Nextprop may, at its sole discretion, refund part or all of the deposit where there is a clear and reasonable basis that the Client is dissatisfied with the quality of the Services provided.
Any discretionary refund does not constitute an admission of fault and does not set a precedent.
5.3 No-Reason Withdrawal
Where the Client elects not to proceed due to change of mind, convenience, or without providing a clear and reasonable basis related to the Services, the deposit is non-refundable.
5.4 Client Cancellation
The Client may cancel this Agreement by providing at least 30 days written notice.
Cancellation does not relieve the Client from payment of fees incurred prior to cancellation.
6. Termination
Either party may terminate this Agreement immediately if the other materially breaches this Agreement and fails to remedy the breach within 10 business days, or becomes insolvent.
Upon termination, Services cease immediately and all outstanding fees become payable.
7. Consumer Law
Nothing in this Agreement excludes or limits the Client’s rights under the Australian Consumer Law.
Subject to those rights, all fees are otherwise generally non-refundable.
8. Limitation of Liability
To the maximum extent permitted by law:
• Nextprop is not liable for indirect or consequential loss;
• Nextprop’s total aggregate liability is capped at the fees actually paid by the Client;
• liability is reduced to the extent the Client contributed to the loss;
• Nextprop is not responsible for third-party actions or advice.
9. Intellectual Property
All intellectual property created by Nextprop remains the property of Nextprop and must not be reproduced or commercialised without written consent.
10. Confidentiality
All information provided by Nextprop is confidential and must not be disclosed except where required by law or to professional advisers.
11. General
• Amendments must be in writing.
• Debts may be assigned to debt collectors.
• Disputes must first be attempted to be resolved in good faith.
• Nextprop acts solely as a buyer’s agent.
• Nextprop is not authorised to sign contracts or make offers without written authority.
• Substantial changes to the agreed brief may result in revised fees or recommencement of Services.
• This Agreement is governed by the laws of Australia and the state in which the property is located.
12. Privacy Collection Notice
Nextprop collects personal information to provide Services, including through secure digital and AI-assisted tools used for efficiency and analysis only.
Information is stored securely and handled in accordance with Australian privacy law.
Further details are available in the Nextprop Privacy Policy.
13. Estimated Timeframe
Based on current market conditions and the Client’s agreed brief, the Client acknowledges that the typical timeframe to identify and secure a suitable property is approximately 8 to 12 weeks from commencement of Services.
This timeframe is an estimate only and is not a guarantee. Actual timeframes may vary due to market conditions, property availability, competition, pricing expectations, vendor circumstances, finance approvals, and other factors outside Nextprop’s control.