Terms of use

What we are

Homes Off Market is an advertising venue only. We provide a place where property owners and licensed agents publish listings, and where buyers contact them directly. We never sell, negotiate, appraise, value or exchange property, we never prepare legal documents, and we never handle deposits or any part of a transaction. Any sale is entirely between the seller and the buyer.

Who can use it

You must be at least 18 years old and able to enter a binding agreement. You are responsible for what happens under your account, so keep your sign-in details secure.

If you list a property

• You declare that you own the property, are legally authorised to sell it, or are a licensed real estate agent acting for the owner. Listings that misdeclare this are removed.
• You are responsible for the accuracy of everything in your listing, and for meeting your own legal obligations as a seller. In Queensland that includes giving buyers a completed seller disclosure statement (Form 2) with the required certificates before a contract is signed. We do not prepare it and we do not check that you have.
• You grant us permission to display, resize and distribute your listing content (including photos) for the purpose of running and promoting the service. You keep ownership of it.
• Licensed agents remain responsible for their own compliance with the Property Occupations Act 2014 (Qld) and equivalent laws in other states.

If you enquire or buy

Listing information is supplied by sellers. We do not verify it. You must make your own enquiries and obtain your own legal, financial and building advice before committing to anything. An enquiry sends your message and contact details to that listing's owner so they can reply to you directly.

Things you must not do

• Post anything false, misleading, unlawful, or that you have no right to post.
• Use the site to harass, spam, scrape, or collect other users' details.
• Interfere with the site's security or normal operation.

Referrals to other services

We may point you to third parties such as conveyancers, finance brokers or buyer's agents. They are independent of us and you deal with them directly. We may receive a referral fee, which we disclose where the referral is offered.

No warranty

The site is provided “as is”. To the extent permitted by law we make no warranty that listings are accurate or that the site will be uninterrupted or error-free. Nothing in these terms excludes rights you have under the Australian Consumer Law that cannot lawfully be excluded.

Limitation of liability

To the extent permitted by law, we are not liable for any loss arising from a transaction between a buyer and a seller, from reliance on listing information, or from your use of the site. Where liability cannot be excluded, it is limited to re-supplying the service or paying the cost of doing so.

Suspending or removing content

We may remove a listing or suspend an account that breaches these terms or the law, or that we reasonably believe to be misdeclared.

Privacy

How we handle your information is set out in our privacy policy.

Changes

We may update these terms from time to time. We will change the date above, and continued use after a change means you accept the updated terms.

Governing law and contact

These terms are governed by the laws of Queensland, Australia. Questions about them go to hello@homesoffmarket.com.au.