COMMUNITY PROMOTION TERMS & CONDITIONS

Full details of the Terms and Conditions for Barry Plant Emerald's Community Promotion can be found below.

LIST YOUR PROPERTY THIS WINTER AND SUPPORT THE COMMUNITY WE LOVE

At Barry Plant Emerald, we believe outstanding real estate results go hand-in-hand with supporting the local community that makes The Dandenong Ranges so special. This winter, we are proud to introduce an initiative that gives back directly to the organisations that keep our neighbourhood thriving.

When you trust the Hills' leading real estate team to sell your home this winter, we will celebrate your new beginning by supporting a cause close to your heart.

Navigating a property sale is a significant life transition, and our team is here to guide you with genuine care, transparency, and market-leading expertise. Let’s chat about what your home is worth in today's market and how we can maximise your result this winter.

Full terms and conditions apply. Please view the complete promotional details below.

PROMOTION TERMS & CONDITIONS

1. Definitions

  • 1.1 "Agency" means Barry Plant Emerald.
  • 1.2 "Vendor" means the legal owner(s) of the real property listed for sale with the Agency, who execute an Eligible Authority during the Promotion Period.
  • 1.3 "Eligible Authority" means a fully executed, valid, and legally binding Real Estate Institute of Victoria (REIV) or equivalent Exclusive Sale Authority for residential or commercial property located within the Eligible Geographic Region. It explicitly excludes General Sale Authorities, Auction Authorities (unless specified), or short-term extensions of existing authorities.
  • 1.4 "Eligible Recipient" means either an Eligible Charity, an Eligible Sporting Club, or an Eligible Community Group nominated by the Vendor in writing at the time of signing the Eligible Authority.
  • 1.5 "Eligible Charity" means an organisation registered with the Australian Charities and Not-for-profits Commission (ACNC) that holds a valid fundraising registration or exemption under the Fundraising Act 1998 (Vic).
  • 1.6 "Eligible Sporting Club" means a community-based sports or recreational group that is an Incorporated Association registered with Consumer Affairs Victoria, holds an active Australian Business Number (ABN), and operates within the Eligible Geographic Region.
  • 1.7 "Eligible Community Group" means a non-profit community service organisation, progress association, or volunteer group that is formally registered as an Incorporated Association with Consumer Affairs Victoria, holds an active Australian Business Number (ABN), and operates locally within the Agency’s region.
  • 1.8 "Promotion Period" means the period commencing at 12:01 AM on 1 June 2026 and concluding at 11:59 PM on 31 August 2026, inclusive.
  • 1.9 "Settlement" means the formal legal completion of the sale of the property under the relevant Contract of Sale, resulting in the transfer of title and the release of full commission funds to the Agency.

2. Eligibility Framework

  • 2.1 Listing Timeframe Requirement: To qualify for the $500 Community Contribution (the "Contribution"), the Vendor must successfully execute an Eligible Authority with the Agency during the Promotion Period.
  • 2.2 Out-of-Period Sales and Settlement: For the avoidance of doubt, provided the Eligible Authority is signed within the Promotion Period, the subsequent Contract of Sale (purchase) and final Settlement of the property may occur after the Promotion Period has concluded.
  • 2.3 Asset Cap: Only one (1) $500 Contribution will be allocated per property asset sold, regardless of the number of individual co-owners or vendors listed on the legal title or Contract of Sale.
  • 2.4 Non-Retrospective: This promotion is not retrospective. Any Exclusive Sale Authorities executed prior to 1 June 2026 are strictly ineligible, notwithstanding whether the property sells or settles during the Promotion Period.

3. Trigger Events and Financial Distribution

  • 3.1 The Settlement Trigger: The Vendor expressly acknowledges that no obligation to pay the Contribution arises upon the mere signing of the listing documentation or the signing of a Contract of Sale. The legal trigger for the Contribution is successful Settlement.
  • 3.2 Aborted or Rescinded Sales: If a Contract of Sale is terminated, rescinded, or fails to settle for any reason whatsoever (including but not limited to the exercise of a statutory cooling-off period under section 31 of the Sale of Land Act 1962 (Vic)), no Contribution will be payable by the Agency.
  • 3.3 Commission Requirement: Payment of the Contribution is strictly conditional upon the Agency receiving its full contractually agreed professional fee/commission from the settlement proceeds. If the commission is compromised, waived, or unrecoverable, the Agency reserves the right to declare the listing ineligible.
  • 3.4 Direct Payment and Vendor Notification: The $500 Contribution will be paid by the Agency directly to the bank account of the nominated Eligible Recipient within 90 days of the Agency receiving its cleared commission funds. The Agency will notify the Vendor in writing via email or via a phone within 7 business days of the payment being successfully processed.

4. Recipient Rules

  • 4.1 Timing of Nomination: The Vendor must nominate their chosen recipient at the point of listing in writing and submit this to the Agency.
  • 4.2 No Splitting of Funds: The $500 Contribution must be allocated to a single Eligible Recipient in its entirety. The Vendor is strictly prohibited from splitting, dividing, or distributing the Contribution across multiple charities, sporting clubs, or community groups.
  • 4.3 Exclusion of Personal Benefit: The Contribution must be paid directly to the general, operational, or development fund of the Eligible Recipient. Under no circumstances can the Contribution be used to offset individual expenses, including but not limited to: individual player registration fees, child membership fees, personal uniform accounts, or private vendor accounts.
  • 4.4 No Cash Substitutes: The Contribution is strictly non-transferable and cannot be taken as a cash rebate, commission discount, or credit to the Vendor.

5. Taxation, Financial, and Legal Frameworks

  • 5.1 Tax Treatment: The Contribution is funded solely out of the marketing and operational revenue of the Agency. Accordingly:
    • When paid to an Eligible Charity holding Deductible Gift Recipient (DGR) status, the Agency will claim the corporate tax deduction.
    • When paid to an Eligible Sporting Club or Eligible Community Group, the payment will be treated as a commercial marketing and community sponsorship expense, and the recipient organization must issue a valid tax invoice/receipt to the Agency upon request.
  • 5.2 Vendor Tax Disclaimer: The Vendor acknowledges that they are not making the donation from their personal funds. The Vendor is explicitly not entitled to receive a tax-deductible receipt and cannot claim the $500 Contribution as a personal tax deduction with the Australian Taxation Office (ATO).
  • 5.3 Fundraising Approvals: Where the Agency utilises the name, branding, or logo of a specific partner charity in its public marketing collateral, it does so under a formal commercial co-venture agreement as required by section 11 of the Fundraising Act 1998 (Vic). The program does not constitute an endorsement of the Agency by any nominated charity, sporting club, or community group.

6. General Provisions

  • 6.1 Variation: To the extent permitted by Australian Consumer Law, the Agency reserves the right to modify, amend, or terminate this promotion at any time. Any such changes will not affect listings where an Eligible Authority was already executed while the campaign was active.
  • 6.2 Governing Law: These Terms and Conditions are governed by the laws of Victoria, Australia, and any disputes are subject to the exclusive jurisdiction of the courts of Victoria.