Terms and Conditions

When using the SaleByHomeOwner.com.au website/service, the user must agree, and is subject to the terms set out in these Terms and Conditions as outlined below:

  1. Any information or material regarding this website is copyright & owned by SaleByHomeOwner.com.au, any copying of material from this website is unauthorized
  2. No information given via this website should be regarded as a substitute for professional legal, real estate or financial advice. Users & subscribers should obtain their own professional advice before entering into any binding or legal transaction
  3. SaleByHomeOwner.com.au and our partner sites reserve the right to change any of our content or Terms of access at any time. If you hold any objections to our terms of service, your sole option is to terminate or cease access with our service.
  4. The fee’s for services & account access to our website are to be paid prior to listing, and include all administration costs in relation to the creation of your account. Fee’s & charged in Australian dollars, and there is no additional costs paid on the sale or settlement of your home. Once your Account has been created, our fee has been earned.
  5. We do not act as a conventional Real estate agent, and are not involved in the transaction between both buyers & sellers. As a result, we have no control over your sale, and to the extent permitted by law, we make no warranties in relation to, the suitability, quality, safety of legality of any of the properties or items advertised for sale via our website. Sellers are accountable for any accuracy of truth with regards to anything stated in their property address or description.
  6. Strictly under no circumstances are you to disclose your username and password to anyone. If you believe your username and password has been breached, you are encouraged to notify SaleByHomeOwner.com.au immediately.
  7. Under no circumstances are you to enter any contact details, including a contact name, email address or phone number on the listing. This violates realestate.com.au’s terms of use policy. Any and all enquiries are directed to SaleByHomeOwner.com.au & they will then be forwarded to our clients.
  8. SaleByHomeOwner.com.au complies with the Acceptable use Policy of the REA Group. All listings uploaded must comply with this policy, any listings that fail to meet these guidelines will be removed, and accounts with breaches may be subject to suspension or termination. Upon listing with our service, you agree for your contact details to be displayed or accessible on our website and partner sites.
  9. Our Privacy policy can be viewed on the footer of our home page. By continuing to use or website or services, you agree the terms of this policy without altercation of these terms of access.
  10. SaleByHomeOwner.com.au reserves all intellectual property rights, including, but not limited to, copyright material and/or services provided by it.
  11. The customers property will be listed until Sold on the 'salebyhomeowner.com.au' website, & the user agree’s to instruct our agency to remove the listing upon sale. SaleByHomeOwner.com.au reserve the right to remove any customer listing from our service at any time at our own discretion. SaleByHomeOwner.com.au cannot offer any guarantee that your listing will remain listed until sold on any third party websites outside of salebyhomeowner.com.au & we reserve our right to remove any listing from these websites for any reason at all times.
  12. All listings are 'standard' size listings on each website, unless advertised otherwise within the package inclusions page on the SaleByHomeOwner.com.au website (For Eg. The Ultimate package includes a '30 Day feature listing on realestate.com.au'). All requests for removal of listings need to be emailed to [email protected]
  13. SaleByHomeOwner.com.au will issue you a username and password. Upon creation of your account, any changes to your listing, updates, inspection times, or amendments need to be changed via our supplied platform. (unless other arrangements have been made with SaleByHomeOwner.com.au)
  14. REA only allows licensed Real Estate agent listings to be advertised on their website – they do not allow private listings direct from the public to advertise on their site, as it is inconsistent with their policy. Users agree to sign a General Listing authority upon listing their home, this complies with the state regulations & licensing authority. These forms can be found on our website, and returned via email to [email protected]
  15. You agree to not add any third party links, contact numbers, email addresses or any reference to yourself in the property description, as this violates realestate.com.au & domain's acceptable terms of use policy.
  16. The user warrants that all information supplied by you, as relates to the property, is true and accurate. Any unauthorised use of this site is prohibited.
  17. SaleByHomeOwner.com.au offers listings on a number of smaller Real Estate websites & platforms as part of this service outside of realestate.com.au & Domain. These websites are managed & owned independently & are subject to change without warning. As such, SaleByHomeOwner.com.au cannot always guarantee listings on all smaller Real Estate websites & portals.
  18. Any person or legal entity who/which uses this site without proper and lawful authority agrees to indemnify and keep indemnified SaleByHomeOwner.com.au against all and any liability, loss and damage of whatsoever kind caused by such improper and unlawful use.
  19. In accessing information on this website all users release SaleByHomeOwner.com.au to the extent permitted by law, from claims regarding usage of data or information available on the website. SaleByHomeOwner.com.au will not be accountable for incidental or consequential damages ensuing from use of the data or information.
  20. SaleByHomeOwner.com.au is offering a non-tangible irrevocable good or service, we strictly do not issue refunds once the property has been uploaded to our website. As a customer of our website, you are responsible for knowing and understanding this upon purchasing any item or service on our website.
  21. To prevent property owners from misusing the SaleByHomeOwner.com.au service or conducting Fraudulent activity, (For example: Property owners using the SaleByHomeOwner.com.au service to introduce buyers/tenants to the property, then requesting a refund of our services once the property transaction has been initiated). SaleByHomeOwner.com.au offers a 'strict' no refund policy for 'any' reason after your property has been advertised online.
  22. All intellectual property rights including, without limitation, trademarks, service marks, trade names, copyright and other rights used or embodied in this website are the sole property of SaleByHomeOwner.com.au and must not be used without our site first granting its written consent.
  23. SaleByHomeOwner.com.au reserves it's right to use any property photo, SOLD photo, or any photo, video or information provided or uploaded to SaleByHomeOwner.com.au in the use of promotional services.
  24. SaleByHomeOwner.com.au & WADDII PTY LTD reserves all intellectual property rights, including, but not limited to, copyright in material and/or Services provided by it. The material provided on the website is provided for personal use only and may not be:
  25. re-sold and/or re-distributed in any material form; stored in any storage media; and/or
    iii. re-transmitted in any media, without the prior written consent of SaleByHomeOwner.com.au. We assist the Seller/s to conduct a sale of their property by providing marketing services & do not act on behalf of the seller in relation to a sale.
  1. For the purpose of the Property Stock and Business Agents Act 2002 (NSW) and the Agents Act 2003 (ACT) SaleByHomeOwner.com.au does not act on behalf of the seller in relation to a sale and therefore will not conduct a preliminary physical inspection of the property.
  2. SaleByHomeOwner.com.au may terminate access to the website or any third party website at any time without giving any explanation or justification for the termination of access, in addition SaleByHomeOwner.com.au had no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the website or any third party website.
  3. SaleByHomeOwner.com.au reserve the right (but are not obligated to reformat, reject, review, modify or remove any information you upload, post, transmit, or otherwise make available, that in our opinion violates the terms of access policy.
  4. These terms of access will be governed by and interpreted in accordance with the State laws of Queensland, Australia, without giving effect to any principles of conflict laws.
  5. Limitation of services. You hereby further acknowledge that:
  • com.au assists you to conduct a private sale / private lease of your property by providing marketing services and does not act on behalf of the you in relation to the sale or lease transaction.
  • For the purpose of the Property Stock and Business Agents Act 2002 (NSW) and the Agents Act 2003 (ACT) and in all cases com.au does not act on behalf of the seller in relation to a sale or lease and therefore will not conduct a preliminary physical inspection of the property.
  • You are the owner of the property that you are using the services of com.au to list or if you are not the owner, you have legal permission to list the property on behalf of the owner. You will be required to give a written and signed General Listing Authority to SaleByHomeOwner.com.au to market the property and understand that your property will not be listed until SaleByHomeOwner.com.au is satisfied as to your relationship to the property and your compliance of all these terms.

    As part of our service, we may need to clarify/check that the registered owner is selling/leasing the property and has given SaleByHomeOwner.com.au the required authority to list the property.
  1. Owners with properties in the state of NSW and ACT are required to be in possession of a valid ‘Contract of Sale” prior to commencing the advertising campaign. You agree that If the property in question is in either the NSW or ACT you agree that you will only publish the property when are in procession of theses forms & documents.
  2. We are not liable for any loss to the extent that it is caused by you (for example, through your negligence or breach of contract)
  3. Upon listing your home with SaleByHomeOwner.com.au, you agree to indemnify us and our officers, employees and agents, against all claims, demands, damages, costs, penalties and liabilities caused by your breach of the Terms.
  4. By using our site, you agree that If you are in material breach of our terms and conditions and we have barred, terminated, suspended, or limited your access, you must not circumvent this action by any means, including but not limited to placing a further ad under another account name or pseudonym. We reserve the right to remove the listing without further notice to you and you will forfeit all fees paid.
  5. Salebyhomeowner.com.au & WAADII PTY LTD is a paying subscription customer of realestate.com.au, domain.com.au & other websites. When listing your property with Salebyhomeowner.com.au, you will never be guaranteed an extended listing placement on any these sites, nor is there a minimum amount of time offered for listings. Should any subscription or agreement be altered, removed, or terminated from either salebyhomeowner.com.au or any its subscription based websites, no refunds, or reimbursements will be offered, excluding those within the 7-day refund policy (as described in these terms and conditions). By listing your property, you agree to this condition.
  6. As the property owner, it is your responsibility to reply and respond to buyers or prospective tenants directly. For email enquires, this should be done by clicking on the prospective buyer/tenants email address and replying directly to 'their' email (do not click 'reply' as your email will come back to SaleByHomeOwner instead of the buyer/tenant). Property owners are required to contact the buyer on their nominated phone number/s outlined on the property enquiry you receive (Do not contact the SaleByHomeOwner 1300 number to respond to buyers or tenants)
  7. SaleByHomeOwner.com.au may be reliant on other websites (partner sites), for other packages made available to our customers. As part of our service, we subscribe to and pays fee’s to be able to provide these services and may have individual agreements with our partner sites. SaleByHomeOwner.com.au takes no liability if any changes, disruption or cancellation of any agreements or services provided by any of its partner sites occur. If in the event your advert is disrupted or enabled, any pre-paid fees from our customers are deemed non refundable.
  8. As a customer of salebyhomeowner.com.au you acknowledge that any fee charged for services on this website is an administration fee to assist in listing your property through our website. Customers are entitled to a refund within 7 days of listing, only if their property has not already appeared on realestate.com.au. After the 7 day refund period our service to you is deemed complete. No refunds, offers, credits or compensations will be issued beyond this point for any reason. If you hold any objections to this policy, your sole option is to terminate or cease access with our service.
  9. Nothing on the SaleByHomeOwner.com.au website constitutes an offer to provide goods or services in any jurisdiction if to do so would contravene the laws of that jurisdiction.
  10. "Listed until Sold" - is deemed that your property will remain listed by salebyhomeowner.com.au until Sold or advised in writing. Salebyhomeowner.com.au & WAADII PTY LTD offers no guarantees that 'any' listing will remain listed on any third party or subscription based website until Sold. As a customer of salebyhomeowner.com.au you acknowledge that no agency can offer guaranteed listings until sold on any third party or subscription based website, by listing your home with salebyhomeowner.com.au you agree to these terms.
  11. If any of the Terms on our site are invalid, unenforceable or illegal, that term will be struck out and the remaining terms will remain in force.
  12. SaleByHomeOwner.com.au is not responsible for listings, information or data that may be published on other third-party websites (such as oldlistings.com.au and onthehouse.com.au) – These website draw information on their own accord from realestate.com.au and other portal sites to provide their users with comparable property and sales data.
  13. The websites and property portals listed for advertising on SaleByHomeOwner.com.au are subject to change at any time without warning. As SaleByHomeOwner.com.au uses third party websites/portals, any issues arising from using those websites/portals are out of SaleByHomeOwner.com.au’s control. There is no compensation to customers should a property portal or third party advertising website be changed or removed. The customer acknowledges that some websites advertised on SaleByHomeOwner.com.au require additional payment in order to be advertised on.
  14. SaleByHomeOwner.com.au offers a 7-day refund policy for customers 'if' their property has been removed from realestate.com.au due to a cancellation, removal or termination of the SaleByHomeOwner.com.au subscription with realestate.com.au. This policy is enforceable within 7 days of the customer’s property first being advertised online. After 7 days, the customer acknowledges our service to you is complete and no refunds, credits or compensations will be issued.
  15. Salebyhomeowner.com.au & Waadii Pty Ltd also offer 'Full service' agent services on approved listings. Fees for these services are negotiable upon listing of the property.
  16. SaleBHomeOwner.com.au is immediately billed by numerous third party websites for each listing advertised on their website/s. For this reason, SaleByHomeOwner.com.au does not offer refunds, credits or reimbursements on Package or service fees after your property has been submitted for advertisement on our third party advertiser sites. As a SaleByHomeOwner.com.au customer, you acknowledge this condition when proceeding with our service. Listing upgrades on realestate.com.au, domain.com.au & other other websites are often processed immediately upon payment, any listing upgrades are non-refundable for this reason. You acknowledge prior to processing payment for any listing upgrades that this payment is non-refundable.
  17. Once a Listing has been uploaded to realestate.com.au & other websites, the property can be withdrawn from the market 'TWICE' within a period of up to 50 days from when the property was first withdrawn. Any properties re-added after this time will incur a New listing fee (as these properties are classed as 'NEW' listings on realestate.com.au & incur an additional charge to SaleByHomeOwner.com.au). All requests to remove  listing or reactive a listing must be applied for in the 'property dashboard' section online or via email to [email protected].
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