Terms and Conditions
Pre-Purchase Property Report
LP Advisory Pty Ltd, ABN 41 672 434 810. Licensed Estate Agent (Victoria), Licence No. 086230L. 101 Moray Street, South Melbourne VIC 3205. Telephone (03) 9498 3131. lpadvisory.com.au. Accredited members of the REIV, REBAA and PIPA. Version 1.0.
These terms govern the supply by LP Advisory Pty Ltd (we, us, our) of a Pre-Purchase Property Report (the Report) to you (the Client, you). By purchasing a Report, you agree to these terms. Please read them before you pay. If you do not accept them, do not purchase a Report.
Your rights under the Australian Consumer Law. Our services come with guarantees that cannot be excluded under the Australian Consumer Law, including a guarantee that our services are provided with due care and skill and are reasonably fit for any purpose we have been told about. Nothing in these terms excludes, restricts or modifies any guarantee, right or remedy that the law gives you and that cannot lawfully be excluded. Where these terms limit our liability, they do so only to the extent the law allows.
1. What you are buying
1.1The Report is an independent, desktop assessment of a single property, prepared by a licensed estate agent, and delivered as a PDF document. It includes our assessed value range, a suggested bidding or offer limit, a suggested walk-away figure, an analysis of comparable sales, risk flags, a resale and liquidity assessment, and a strategy for the auction or negotiation.
1.2Each Report also includes one telephone consultation of approximately fifteen minutes with a member of our team, to discuss the Report.
1.3The three-property pack entitles you to three Reports, each with its own consultation, on properties of your choosing. The pack is valid for six months from the date of purchase. Reports not requested within that period expire. We may, at our discretion, extend the validity period where there is a genuine reason to do so.
1.4The Report is a desktop assessment. It does not include a physical inspection of the property. Physical inspection of a property forms part of our separate bidding, negotiation and advocacy services, and is not included in the Report.
2. What the Report is not
The Report is not a valuation. It is not a sworn valuation, a certified valuation, or a market appraisal, and it is not prepared by a Certified Practising Valuer. It must not be used or relied upon for mortgage security, lending, taxation, stamp duty, insurance, accounting, superannuation, family law, probate, litigation, or any other purpose requiring a formal valuation. If you require a valuation for any purpose, you must engage a qualified valuer.
2.1The Report does not constitute financial product advice, investment advice, credit assistance, legal advice, taxation advice, or building or structural advice. It does not take into account your personal objectives, financial situation or needs.
2.2The Report is our professional opinion only. Nothing in it is a recommendation, inducement or direction to purchase, to bid, or to offer any particular amount. Any decision to purchase a property, the amount you bid or offer, and the terms of any offer, are entirely and exclusively your own decision and responsibility.
2.3The Report is not a building, pest, structural or other physical inspection, and is not a substitute for one. It is not a legal review of the contract of sale or vendor statement, and is not a substitute for one. You remain responsible for obtaining independent building and pest inspections and independent legal advice before committing to purchase.
3. Ordering, and what we need from you
3.1To order a Report you must pay the applicable fee and provide the property listing link and any information we request through our intake process. We are not obliged to commence work until we have received full payment and the information we reasonably require.
3.2You must order a Report at least forty-eight hours before the relevant auction or offer deadline. We are not able to guarantee delivery for orders placed inside that window, and we may decline or refund such orders at our discretion.
3.3You warrant that any information you provide to us is accurate, and that you are the person intending to purchase, or are authorised to act for that person. The Report is prepared for you alone and for the single property identified.
4. Delivery and timing
4.1We aim to deliver each Report within one business day of receiving your payment and the information we require. Business days are Monday to Friday, excluding Victorian public holidays. Delivery estimates are targets, not guarantees.
4.2The consultation will be arranged at a mutually convenient time, ordinarily within two business days of delivery of the Report.
5. Fees, GST and payment
5.1The fee for a single Report is $299, and the fee for the three-property pack is $749. All fees are in Australian dollars and are inclusive of GST. A tax invoice will be provided.
5.2Payment is processed by our third-party payment provider. We do not store your card details. You are responsible for any charges your bank or card issuer applies.
5.3We may vary our fees from time to time. The fee that applies to your order is the fee displayed at the time you place it.
6. Fee credit against engagement
6.1If, within ninety days of the date of a Report, you engage us for a paid bidding, negotiation or buyer advocacy service in relation to the same property, we will credit the fee paid for that Report against the fee for that engagement.
6.2The credit applies once per Report, to one engagement, in relation to the property that Report concerned. It is not redeemable for cash, is not transferable, and cannot be applied to an engagement already invoiced.
7. Refunds and cancellation
7.1The Report is a bespoke service prepared specifically for you. If you cancel before we have commenced work, you are entitled to a full refund. Once we have commenced work, the fee is non-refundable to the extent permitted by law. Once the Report has been delivered, no refund is payable, as the service has been performed and consumed.
7.2Nothing in this clause limits your rights under the Australian Consumer Law, including your right to a remedy where a service is not provided with due care and skill or is not reasonably fit for a purpose we were told about.
8. Accuracy, sources and assumptions
8.1Our opinion is formed from a combination of sources, which may include publicly available sales evidence, subscription property data services, information published by the selling agent, planning and title records, and our knowledge of the local market. We have not independently verified information obtained from third parties, and we assume it to be accurate and complete.
8.2Property markets move, and our assessed range and suggested limits are current only as at the date of the Report. They should not be relied upon more than thirty days after that date. We are under no obligation to update a Report for any later event, sale, listing, campaign change, interest rate movement, or change in market conditions.
8.3Auctions and negotiations are inherently unpredictable and can be materially affected by a single motivated party. We do not guarantee that a property will sell within our assessed range, that you will succeed in purchasing it, that any strategy will succeed, or that any future resale will achieve any particular price or timeframe.
9. Reliance and confidentiality
9.1Each Report is prepared solely for the named Client and solely in relation to the property identified, as at its date. It must not be relied upon, reproduced, or disclosed to any other person, or used for any other purpose, without our prior written consent. To the extent permitted by law, we accept no duty of care or liability to any person other than the named Client.
9.2The Report is confidential to you. You must not provide it to the selling agent, the vendor, or any other party to the transaction.
10. Independence
10.1We act exclusively for buyers and vendors. We receive no commission, referral fee, rebate or other benefit from any selling agent, developer, vendor, or any party with an interest in the sale of a property that is the subject of a Report.
11. Liability
11.1Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, including any liability for misleading or deceptive conduct.
11.2Subject to clause 11.1, and to the maximum extent permitted by law, we, our directors, employees and agents exclude all liability for any loss or damage, whether direct or indirect, and for any consequential, special, incidental or economic loss, including loss of profit or opportunity, however arising, whether in contract, tort (including negligence), statute or otherwise, in connection with a Report or its use.
11.3Subject to clause 11.1, where our liability cannot lawfully be excluded but can be limited, our liability is limited, at our election, to re-supplying the Report or to refunding the fee you paid for it.
11.4You agree that the allocation of risk in these terms is reasonable, having regard to the nature and price of the Report.
12. Privacy
12.1We collect and handle your personal information in accordance with the Privacy Act 1988 (Cth) and our privacy policy, available on our website. We use the information you provide to prepare and deliver your Report, to arrange your consultation, and to contact you about our services. You may opt out of marketing communications at any time.
13. Complaints and dispute resolution
13.1If you have a concern about a Report or our service, please contact us first on (03) 9498 3131 or by email, and we will work with you in good faith to resolve it promptly.
13.2Nothing in this clause affects your right to make a complaint to Consumer Affairs Victoria or to pursue any other remedy available to you at law.
14. General
14.1These terms are governed by the laws of Victoria, and you submit to the non-exclusive jurisdiction of the courts of that State.
14.2If any provision of these terms is found to be invalid or unenforceable, it is severed and the remaining provisions continue in full force.
14.3A failure or delay by us in exercising a right under these terms is not a waiver of that right.
14.4These terms, together with the scope and limitations set out in each Report, are the entire agreement between us in relation to the Report. This clause does not exclude liability for any statement made fraudulently or in a manner that is misleading or deceptive under the Australian Consumer Law.
14.5We may update these terms from time to time. The terms that apply to your order are those in force at the time you place it.
LP Advisory Pty LtdABN 41 672 434 810. Licensed Estate Agent, Victoria (Licence No. 086230L). REIV, REBAA and PIPA accredited.
101 Moray Street, South Melbourne VIC 3205. (03) 9498 3131. lpadvisory.com.au
