Terms for Online Offer Buyers

1. About these terms

These terms apply when you register for, follow or submit an offer through our One Agency offers platform for a property marketed by One Agency Select Realty.

Our online offers platform is provided by a specialist third-party provider. When you accept an invitation and register on the platform, that provider's own terms of use and privacy policy also apply to your use of the platform. These terms set out how the process works for you as a buyer in that sale.

By registering or submitting an offer, you agree to these terms as updated from time to time. If you do not agree, please do not register or continue to use the platform, and speak with the marketing agent about other ways to make an offer.

Headings are for convenience only and do not affect how these terms are read.

2. Registration and your information

You provide personal information so the marketing agent can keep you informed about the marketing of the property and, where you choose to take part, the sale process.

We and the platform provider will collect and use your personal information in line with the platform's privacy policy and our own Privacy Policy. Information entered or generated during a sale process may be used for our business purposes, but any publication of it outside the parties to that sale must be anonymised.

You consent to your offer being ranked against other offers, whether that offer is binding or indicative.

Your information will not be used for any other purpose unless you agree, and reasonable efforts will be made to keep it secure.

If you do not provide the requested information, the main consequence is that you may not be kept informed about the marketing of the property and may not be able to take part in the sale process.

The marketing agent, not the platform provider, is responsible for the marketing and sale of the property.

You confirm and warrant that you are: not the seller of the property; not acting on behalf of or on the instructions of the seller, directly or indirectly; a natural person; and acting in good faith.

3. The sale process

A sale process on the platform can include a number of stages: registration, opening offers (expressions of interest), best offers, seller review and ranking.

The agent may invite you to take part in a sale process through the platform, and you choose whether to take part. Choosing not to take part may mean you are unable to purchase the property.

The agent and the seller are not bound to accept the highest offer or any offer. They may carry out due diligence checks on you, including verifying references, undertaking company or credit checks, and requiring a verification of identity check. On request you must produce proof of identity such as a New Zealand or foreign passport, a New Zealand driver licence, or a full birth certificate or citizenship certificate together with another form of identification.

The agent accepts no responsibility if you misunderstand or fail to respond correctly to a sale process.

The agent may amend, vary, supplement or terminate a sale process at any time, and may accept or reject any offer — including the highest offer — or negotiate with, or cease negotiations with, any participant.

If you take part in a sale process, you also agree to the terms that apply to that sale process, including the terms of any sale and purchase agreement for the property.

4. Opening offers (expressions of interest)

If you are invited into opening offers, the agent will ask you to submit, by a specified date and time, one or more indicative offers to purchase the property.

You consent to your indicative offer being disclosed to the agent and the seller of the property, and you warrant that it is made in good faith.

Indicative offers from all buyers may be ranked from highest to lowest, but the amount of any offer will not be disclosed to other buyers. If two offers are received at the same amount, the offer received first in time will rank higher.

At the agent's discretion, you may be informed of the relative ranking of your indicative offer against other participants. Other participants may likewise be informed of their ranking against all offers, including yours — but never the amounts.

If notified, you may update your indicative offer before the specified date and time.

At the specified date and time, the agent may invite one or more participants into best offers or ranking, may sell the property to a participant or to any other person acceptable to the seller, and is not obliged to continue using the platform or invite anyone to any stage of the process.

An indicative offer is not a contract for the sale of the property. A sale and purchase agreement must be signed by you (or your representative) and the seller (or their representative) — whether electronically or otherwise — before your offer becomes legally binding.

5. Best offers and ranking

If the agent invites you into best offers or ranking, you will be asked to submit, by a specified date and time, binding offers together with any other documents the agent reasonably requires.

You are not required to submit a binding offer, but if you do: you must do so in good faith; the offer must contain sufficient information and particulars to bind you; and you agree to be bound by the terms of your offer.

In ranking, offers from all buyers will be ranked from the highest priced to the lowest, but the amount of any offer will not be disclosed to other buyers. If two offers are received at the same amount, the offer received first in time will rank higher.

You consent to your offer being disclosed to the agent and the seller of the property.

Your binding offer will be a contract for the sale of the land, capable of acceptance by the seller, and cannot be withdrawn by you other than with the agent's express written consent.

Your offer will not be binding on the agent or the seller, and will not create an agreement for the sale of the property, until it is accepted.

At the specified date and time, the agent may accept any participant's offer, whatever its ranking, and sell the property to that participant or to any other person acceptable to the seller, or to no one.

If the seller chooses not to accept any offer, the agent and seller may activate ranking. The agent may, but is not obliged to, invite you into ranking to submit another offer.

If your offer is accepted, you consent to that acceptance concluding a contract for the sale of the property on the terms of your offer, and you (or your representative) must do everything necessary to enter into, and complete, that contract.

6. The platform and our role

The platform provider owns the online offers platform and the intellectual property rights in it. You agree to use it only for its intended purpose and as directed by us or the agent.

The platform provider may update, improve or otherwise change the appearance or functionality of the platform at any time, and may monitor use of the platform to check compliance with its terms.

The platform provider is not an auctioneer or real estate agent, is not a party to any offer or sale of the property, does not own any property listed on it, and its role is limited to providing the platform.

The platform provider does not warrant, and is not responsible to you or anyone else, for: a seller or buyer failing to complete a transaction; the completion of any sale; the state or condition of any property; the accuracy of material or information on the platform; verifying the identity of any person using it; the platform being error, defect or virus free; or any delays, interruptions or cessation of the service.

To the extent any disclaimer or exclusion in these terms is prohibited by law, the platform provider's maximum liability to you in relation to your use of the platform is limited to the amount you paid to access it.

7. Ending your participation

You may discontinue your use of the platform at any time by asking the agent to remove you from the sale.

Access to the platform may be ended if you breach these terms or the platform provider's terms, or if your ongoing use of the platform is unacceptable.

8. General

These terms record the entire agreement between you and One Agency Select Realty for your participation in an online offer process, and no term is implied other than as required by law.

New Zealand law governs these terms, and you and we submit to the non-exclusive jurisdiction of the New Zealand courts.

If any provision of these terms is found to be legally unenforceable, that provision will be severed and the rest will continue to apply.

Questions?

If anything in these terms is unclear, speak with the marketing agent for the property, or email hello@oneagencyselect.co.nz or call 0800 ONE AGENCY (0800 663 243).