Legal

SoldUp Agency Agreement

Updated and effective from 27th January 2026

1. Introduction

1.1

SoldUp Property Group Pty Ltd (ACN 694 543 452) (SoldUp) operates a private property introduction platform that connects property owners (Seller) with verified Buyer's Agents (Buyer's Agent) and Real Estate Agents (Real Estate Agent) through a controlled and confidential process.

1.2

This document (Agreement) defines the legal relationship between SoldUp and:

  • the person (Agent) applying for registration via the Platform as a Buyer's Agent; and
  • the real estate agency (Agency) employing or engaging that Agent (or who the Agent is otherwise associated with, including as a Director)
1.3

SoldUp is not a real estate agency or buyers agency and does not act as a Selling Agent, Buyer's Agent, Auctioneer or Property Valuer. SoldUp facilitates introductions only.

1.4

The Agreement applies to the Agent's and Agency's (together, the Users) use of the Service including the Platform. The Agent and Agency are jointly and severally liable for all obligations under this Agreement.

1.5

This Agreement should be read in conjunction with SoldUp's Terms of Service and Privacy Policy.

2. Definitions

In this Agreement, the following definitions apply:

2.1

"Platform" means the SoldUp website, application and related services.

2.2

"Property" means the property listed by the Seller on the Platform, as described in the listing details.

2.3

"Services" or "the Service" means the property introduction platform and facilitation services provided by SoldUp through the Platform, including facilitating the Property listing, appraisal and introductions.

2.4

"Transaction" means the successful exchange of contracts for the sale of the Property to a Buyer introduced through the Platform.

2.5

"Introduction Fee" means the fee collected by SoldUp from Sellers in connection with a successful property transaction introduced through the Platform.

3. SoldUp Obligations

3.1

SoldUp provides the Services to the best of its abilities and aims to provide an excellent user experience for both property owners (Sellers) and Users when interacting with the Platform.

3.2

We don't make any commitment that you will receive Properties, or any particular number of Properties, or as to the validity or quality of Properties you may receive.

3.3

The User acknowledges the Service is provided on a non-exclusive basis.

4. User Commitments

4.1

To utilise the Platform and Service, Users must provide information requested via the Platform to set-up a User profile. The information supplied must be accurate, to the best of the Users knowledge and the User must then keep that information accurate going forward.

4.2

As the Service evolves, SoldUp may require additional information. We will notify the Agent in these cases.

4.3

Users must conduct themselves professionally, courteously and with integrity in all dealings with Sellers and other third parties in connection with the Service. Users must not engage in conduct that could reasonably be expected to harm the reputation of SoldUp or the Service.

4.4

If SoldUp reasonably considers Users are not upholding the standards described in Clause 4.1–4.3, SoldUp may remove or suspend the Users registration with the Service for such period as SoldUp determines.

4.5

If SoldUp removes or suspends the Users registration with the Service, or if the User chooses to cancel the Service, all Properties provided through the Service up to and including the date on which the Service ends, remain subject to this Agreement.

5. Reporting Requirements

5.1

The User must promptly (within 2 Business Days) report to SoldUp the information listed below if the signing of a Transaction occurs for a Property:

  • the date of the signing of a contract of sale in respect of a Property together with the sale price, any conditions and expected settlement date
5.2

If the Agency fails to notify SoldUp in accordance with the above paragraph, SoldUp may restrict or limit the Users access to the Platform and Services.

6. Updated Agreement

6.1

From time to time, SoldUp may at its absolute discretion update the Agreement. We will notify Users when that occurs by email with a copy of the updated Agreement. The new Agreement will become effective 14 days from the date it is communicated to Users (Effective Date). If an Agent continues using the Service after the Effective Date, that will indicate that both the Agent and the Agency accept the new Agreement as binding.

6.2

If Users do not accept the new Agreement, they must stop using the Platform and the Service by the Effective Date and notify SoldUp as soon as practical. If Users keep using the Platform and Service after the Effective Date they will be deemed to have accepted the new Agreement.

6.3

Users are still responsible for obligations incurred before leaving the Service.

7. Intellectual Property and Use of Information

7.1

SoldUp owns all rights in the Platform, including all branding, software, content, features and data generated by its operation.

7.2

To enable SoldUp to operate the Service, the Users grant SoldUp a non-exclusive, royalty-free licence to use, store, display and distribute any information or content the Users provide (including profile information and contact details) as reasonably necessary to provide the Service.

8. Warranties by the Users

8.1

The Agent and the Agency each warrant that:

  • they hold all licences, authorisations and approvals required to carry out real estate activities in their jurisdiction;
  • the Agent is authorised to act for, and bind, the Agency in respect of this Agreement;
  • all information provided to SoldUp is accurate, complete and not misleading;
  • they have the right to provide all information and content supplied to SoldUp; and
  • they will not use the Service while posing as a buyer, seller, or any other person.

9. Indemnity

9.1

The Agent and the Agency jointly and severally indemnify SoldUp against any loss, cost, liability, damage or expense SoldUp incurs arising from:

  • information or content supplied by the Users that is incorrect, misleading or infringes another party's rights; or
  • any unlawful, negligent or improper act or omission by the Users in connection with the Service.
9.2

This indemnity is limited to the extent any loss is caused by SoldUp's own negligence or misconduct.

10. Limitation of Liability

10.1

To the maximum extent permitted by law, SoldUp is not liable for any indirect or consequential loss, including loss of profit, loss of opportunity or loss of reputation.

10.2

SoldUp does not guarantee:

  • the number or quality of Properties;
  • the accuracy of information provided by Sellers; or
  • uninterrupted access to the Platform.
10.3

To the extent permitted by law, SoldUp's total aggregate liability to the Users for any claim under or in connection with this Agreement is limited to the total Introduction Fees collected by SoldUp from Transactions involving the relevant Agency in the six months prior to the event giving rise to the claim.

10.4

Nothing in this Agreement limits any consumer guarantee or right that cannot be excluded under the Australian Consumer Law.

11. Confidentiality

11.1

Users must keep confidential any non-public information obtained through the Service, including Property information and details about Sellers.

11.2

Confidential Information may be disclosed where required by law or to the User's professional advisers who are bound by confidentiality obligations.

12. Termination and Survival

12.1

Either party may terminate the Agreement by written notice.

12.2

SoldUp may immediately suspend or terminate a User's access if the User breaches this Agreement, acts unlawfully, or poses a risk to SoldUp's reputation or operations.

12.3

Any clause that is intended to survive termination (including clauses relating to confidentiality, liability and indemnity) survives termination.

13. Governing Law

This Agreement is governed by the laws of Victoria, and the parties submit to the exclusive jurisdiction of its courts.