TERMS AND CONDITIONS ARE:

  1. My Top Agent agrees to refer potential vendors and/or Trustees of particular properties to the Agent in return for a marketing referral fee.*

  2. The marketing referral fee is calculated is a % of the total gross fees paid by the vendor regarding the sale of ‘any’ property that My Top Agent emails or gives to you via phone call or text communication. The fee is calculated before adding GST. This % is agreed in advance and you will be notified of this during sign up or if there is any change in the fee.

  3. The marketing referral fee will be subject to GST.

  4. The marketing referral fee will be payable to My Top Agent within 21 business days of receipt of the total commission paid to the agent.

  5. My Top Agent reserves the right to request a payment statement from you if required to verify the fees paid by the vendor.

  6. The Agent agrees that if they accept the referral and decide to share the sale or refer the property with another third-party agent or agency, the fee will still be payable and will be calculated on the gross commission paid by the vendor. The agent is responsible for advising new management of our referral fee; this includes the agent moving agency and taking the original referral(s) or listing(s) with them.

    NB: We strongly recommend you place the referral information on the listing form, so all agents understand where the listing came from.

  7. Any appraisal or visit to the property we referred in the last 90 days is not a referral unless agreed upon via phone, text, or email at the time of referral. Having a client on your database as a ‘contact’ does not negate a referral fee from us.

  8. Both parties agree that the marketing referral fee will still apply if the agent sells the property within 15 months of the referral. The referral date is when we pass on the vendor’s details to you by email, voicemail or SMS.

    8 (a) Both parties agree that the marketing referral fee will still apply if the agent sells the property within 15 months of the referral. The referral date is when we pass on the vendor’s details to you by email, voicemail or SMS.

  9. The agent, given the vendor’s details as a referral, is solely responsible for all referral fees paid to My Top Agent.  Any referrals passed on to other agents must be aware of the third-party cost relating to any referral, and all calculations are done on the total commission received, not the portion the agent received as an internal or external referral fee. Unless agreed prior.

  10. The above real estate agent agrees to notify My Top Agent within 24 hours of them having listed the property and within 24 hours of the property being sold.

  11. If the Vendor refers an additional property (owned or part-owned by the Vendor) to you (the Agent) within a period of twelve months, then clause seven above still applies.

  12. This contract is perpetual until either party withdraws by giving seven days’ written notice.

  13. Any collection of this referral fee will be your sole responsibility for third-party collection costs.

  14. Our terms and conditions may, from time to time, be updated to reflect any changes to NZ law or to clarify any of the above points. The latest contract can be found on our website under “You’re-an-agent”. We reserve the right to review these Terms and Conditions at any time. If, following any such review, there is to be any change to these Terms and Conditions, then that change will take effect from the date on which MyTopAgent posts the revised Terms and Conditions on MyTopAgent website, www.mytopagent.co.nz, or otherwise notified.