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This Property Listing Policy is to be read in conjunction with, and form part of, the Terms and Conditions.

1. Legal capacity to offer your property for sale or refinance

If you use the BMP website or the BMP service to promote, advertise or market:

  • the sale or rent or proposed sale or rent of real estate (“subject property”); or
  • the refinancing or the proposed refinancing of a loan secured by the subject property,

you further warrant that you have full legal capacity and lawful entitlement to do so pursuant to one or more of the following criteria:

  • you are the registered proprietor of the subject property, acting with the authority of all other joint proprietor(s) or tenant(s) in common;
  • you are the director of the registered proprietor acting with the approval of the board of directors of the registered proprietor, if the registered proprietor is a corporation within the meaning of section 9 of the Corporations Act 2001;
  • you are acting pursuant to a legally enforceable power of attorney from the registered proprietor of the subject property which has not been revoked;
  • you are acting as a trustee of a trust which is the registered proprietor of the legal interest in the subject property, and you are acting in accordance with the relevant trust deed;
  • you are acting as an agent for the registered proprietor of the subject property, pursuant to a written authority that complies with all applicable laws in the State or Territory in which the subject property is situate, including but not limited to laws regarding the sale of real estate by agency;
  • you are acting as a mortgagee in possession of the subject property;
  • you are acting as the executor of or pursuant to a grant of probate in relation to the estate of the registered proprietor which authorises you to sell the subject property; or
  • you are acting pursuant to an order of a Court of a State or Territory in Australia which authorizes you to sell the subject property.

2. Right of verification

BMP reserves the right to independently verify (at our sole discretion):

  • the availability of properties offered for sale or rent;
  • the information you provide relating to properties you offer for sale or rent; and
  • any other information relating to you, the properties you offer for sale or rent or any other aspect of your use of the BMP website.

 

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