Last updated: 09 September 2026
TERMS & CONDITIONS
Buyoffmarketrealestate.com.au (Website) is created and controlled by GEA REAL ESTATE GROUP PTY LTD (ACN 692 661 582) trading as Buy Off Market Real Estate (Buy Off Market Real Estate, we, us or our).
These Terms & Conditions (Terms) govern your access to and use of Buy Off Market Real Estate (Platform), a property listing and advertising service that allows Sellers and Agents to list pre-market and off-market properties.
By creating an account, submitting or purchasing a Listing, browsing Listings, contacting another User through the Platform, or otherwise using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.
1. Definitions
“Agent” means a licensed real estate agent, licensed estate agency or other person authorised under applicable law and by the owner of the property to advertise or market a property on the their behalf.
“Buyer” means a User who browses, enquires about or expresses interest in a property advertised through a Listing on the Platform.
“Cost” means any actual loss, liability, damage, claim, demand, proceeding, charge, expense or reasonable legal cost, whether present or future, to the extent permitted by law.
“Exclusive Listing Fee” means the optional fee of $200, payable in addition to the Listing Fee, for an eligible Listing to receive the Exclusive Property feature.
“Exclusive Property” means a property the subject of an eligible Listing for which the Exclusive Listing Fee has been paid and which is featured in the designated Exclusive Properties section on the homepage of the Platform.
“Listing” means an advertisement for a property submitted by a Seller or Agent for publication on the Platform, including the property details, description, price or price information, photographs, location information, contact information and any other content or information submitted in connection with that property.
“Listing Fee” means the fee of $199 payable for the review, processing and, if approved, publication of a Listing on the Platform.
“Platform” means the Website and services provided by Buy Off Market Real Estate.
“Seller” means the owner of a property, or another person or entity with lawful authority from the owner, who lists or authorises the listing and advertising of the property on the Platform.
“User” means any individual or entity that accesses, creates an account on, or otherwise uses the Platform.
2. Eligibility
To create an account, submit a Listing or use account-based functionality, you must:
If you use the Platform on behalf of a company, agency or other entity, you represent that you are authorised to act for and bind that entity in connection with your use of the Platform.
3. Account Registration and Security
When creating and using an account, you agree to provide truthful and accurate information, keep your login credentials secure and confidential, take reasonable steps to prevent unauthorised access, and promptly notify us if you become aware of unauthorised use or a security breach.
You are responsible for activity carried out through your account to the extent that the activity results from your acts or omissions. We may suspend or restrict an account where reasonably necessary to investigate suspected misuse, protect Users or the Platform, comply with law, or enforce these Terms.
4. Listings
Sellers and Agents may submit Listings by providing the information requested by the Platform, which may include the property address or location, description, price or price information, photographs, contact information and supporting information.
By submitting or authorising a Listing, the Seller or Agent represents and warrants that:
We may review, request changes to, refuse to publish, suspend or remove a Listing where we reasonably believe it breaches these Terms or applicable law, contains misleading, infringing or inappropriate material, creates a legal or security risk, or the Seller or Agent lacks authority to market the property.
5. Seller and Agent Obligations
5.1 Compliance with Applicable Requirements
Each Seller and Agent is responsible for ensuring that their Listing, Listing content, advertising, communications and conduct in connection with a property comply with all applicable laws, regulations, rules, advertising requirements and professional obligations.
5.2 Property Sale and Leasing Requirements
The Seller or Agent is responsible for satisfying all legal requirements that apply to the advertising, marketing, sale or lease of the property, including any requirements relating to contracts, statements of information, disclosure documents, prescribed information, advertising representations and other documents or information required by law.
Buy Off Market Real Estate does not prepare, review or verify contracts, disclosure documents or other transaction documents and does not provide legal, conveyancing, financial, taxation or other professional advice. Sellers and Agents should obtain independent professional advice where appropriate.
5.3 Existing Agency and Other Agreements
A property owner who has appointed a real estate agent, property manager or other representative is responsible for ensuring that advertising or listing the property on the Platform is permitted under any existing agency agreement, exclusive authority, sales authority, leasing authority or other agreement relating to the property.
The property owner is responsible for understanding any commission, fee or other amount that may become payable to an appointed agent or other third party in connection with the property, including where a Buyer becomes aware of or enquires about the property through the Platform.
Buy Off Market Real Estate is not responsible for determining whether an Agent or property owner’s use of the Platform breaches an existing agreement or causes commission, fees or other amounts to become payable to another person.
5.4 Agent Authority
An Agent who submits, authorises or manages a Listing represents and warrants that the Agent holds all licences, authorities, appointments, consents and permissions required to advertise and market the property and to provide the Listing content to the Platform.
The Agent must promptly notify us and update or remove the Listing if the Agent's authority to advertise or market the property expires, is withdrawn or otherwise ceases.
5.5 Listing Information and Enquiries
Sellers and Agents must keep their Listing and contact information reasonably current and must promptly update the Listing where the property is sold, withdrawn, no longer available or where any material information contained in the Listing changes.
Sellers and Agents are responsible for managing enquiries received in connection with their Listings and for their communications and dealings with Buyers and other Users.
6. Listing Fees, Exclusive Listing Fees, Review, Payment and Refunds
6.1 Listing Fee
A Listing Fee of $199 is payable for each Listing submitted to the Platform. Payment must be completed before we commence the review and processing of the Listing.
The Listing Fee covers the review and processing of the Listing and, if the Listing is approved, its publication on the Platform in accordance with these Terms.
6.2 Listing Review and Requested Information
We aim to review a Listing within 12 hours after receiving the information and documents reasonably required to assess the Listing. This is a target only and is not a guaranteed publication timeframe.
We may request additional information or documents where reasonably required to review the Listing, confirm the Seller's or Agent's identity or authority to advertise the property, verify information supplied with the Listing, or assess compliance with these Terms or applicable requirements.
The Seller or Agent must provide requested information or documents within the timeframe specified in our request. If the requested information or documents are not provided within that timeframe, we may pause or suspend the review and publication of the Listing.
If the requested information or documents remain outstanding after a further reasonable period or after a further request from us, we may reject or cancel the Listing.
Where a Listing is rejected or cancelled because the Seller or Agent has failed to provide information or documents reasonably requested by us, the Listing Fee is generally not refundable because review and processing services may already have been provided.
6.3 Exclusive Listing Fee
A Seller or Agent may choose to purchase the Exclusive Property feature for an eligible Listing by paying an additional Exclusive Listing Fee of $200.
The Exclusive Listing Fee is optional and is payable in addition to the Listing Fee. It will only be charged where the Seller or Agent expressly selects the Exclusive Property feature.
Once the Exclusive Property feature commences, the property may remain featured in the designated Exclusive Properties section on the homepage until the property is sold, unless the Listing or feature ends earlier under these Terms. The Seller or Agent must promptly mark the property as sold when a sale occurs.
If the property is withdrawn from sale, the Seller or Agent asks us to remove the Listing, or the Listing is removed under these Terms before it is sold, the Exclusive Property feature ends at that time.
The Exclusive Property feature does not guarantee a particular position or ranking, uninterrupted display at every moment, any particular number of views or enquiries, an offer, transaction, sale price, sale period or other outcome.
6.4 Prices and Payment
Unless otherwise stated, prices displayed to consumers are in Australian dollars and include GST where applicable.
Payments must be made using payment methods available on the Platform and may be processed by third-party payment providers. We do not store complete payment card details.
6.5 Cancellation Before Review or Publication
If a Seller or Agent requests cancellation before we have commenced reviewing or processing the Listing, the Listing Fee will be refunded in full.
If we have commenced reviewing or processing the Listing but the Listing has not yet been published, we will consider any cancellation and refund request having regard to the services already provided and applicable law.
If the Exclusive Property feature has been purchased and cancellation is requested before that feature has commenced, the Exclusive Listing Fee will be refunded in full.
6.6 Cancellation After Publication
Once a Listing has been published, the Listing Fee is generally not refundable merely because the Seller or Agent changes their mind, withdraws the property, sells or leases the property through another means, or no longer wishes to advertise the property.
Once the Exclusive Property feature has commenced, the Exclusive Listing Fee is generally not refundable merely because the Seller or Agent changes their mind, withdraws or removes the property, sells the property through another means, or no longer wishes to continue with the feature.
If we are unable to provide a paid service, any refund, re-supply or other remedy will be determined in accordance with these Terms and applicable law.
6.7 Removal or Rejection for Breach
If a Listing is rejected or removed, or an account is suspended or terminated, because we reasonably determine that a Seller or Agent has materially breached these Terms, supplied false or misleading information, lacked authority to market the property, infringed third-party rights or used the Platform unlawfully, fees already paid are generally not refundable except to the extent otherwise required by law.
6.8 Changes to Fees
We may change the Listing Fee or Exclusive Listing Fee from time to time. A changed fee applies only to purchases made after the new fee is displayed and will not retrospectively increase a fee already paid.
7. Listing Publication and Duration
After payment is confirmed and the Listing has completed our review process, an approved Listing will be published and made available through the Platform.
A standard Listing may remain live until the property is sold, withdrawn, removed at the Seller's or Agent's request, or suspended or removed by us in accordance with these Terms.
An Exclusive Property may remain featured until the property is sold, unless the Listing or feature ends earlier under these Terms.
The Seller or Agent is responsible for promptly updating the Listing when the property is sold, withdrawn, no longer available or materially changes.
We do not guarantee enquiries, offers, negotiations, transactions, sale, sale price, time to sell or any other result from a Listing or Exclusive Property feature.
8. User Conduct
Users must not:
9. Platform Role and User Responsibility
The Platform is a property listing and advertising service only. Unless expressly stated otherwise, Buy Off Market Real Estate does not act as a real estate agent, buyer's agent, broker, conveyancer, lawyer, financial adviser, valuer, building inspector or other professional adviser in relation to a property or transaction.
We are not a party to any negotiation, offer, contract of sale, agency agreement, finance arrangement, settlement or other transaction between Users or third parties.
Buyers, Sellers, Agents and other parties deal independently and are responsible for conducting their own enquiries, inspections, verification and due diligence and for obtaining appropriate legal, financial, building, valuation, taxation or other professional advice.
We do not independently verify every property, ownership interest, Listing statement, Seller, Agent, Buyer, licence, qualification, identity, financial capacity or representation. Users must satisfy themselves as to the identity, authority, reliability and accuracy of any person, property or information relevant to a proposed transaction.
Information displayed on the Platform may be supplied by Users or other third parties. We may review content for Platform compliance, but any review does not amount to verification, endorsement, approval or a representation by us as to its accuracy.
10. Platform Availability, Information and Third-Party Services
10.1 Availability and Technology
We use commercially reasonable efforts to operate and maintain the Platform. Online services may, however, be interrupted, delayed or affected by maintenance, telecommunications failures, technical faults, cyber incidents, third-party systems or circumstances outside our reasonable control.
We do not guarantee uninterrupted or error-free operation, compatibility with every device or system, or that every defect will be corrected immediately.
10.2 General Information
Material communicated by or through the Platform is provided for general information and property advertising purposes. It is not legal, financial, investment, taxation, valuation, conveyancing or other professional advice.
10.3 Data and Storage
The Platform is not intended to be a permanent document-storage or record-keeping service. Users should retain their own copies of important Listings, communications, records and documents.
10.4 Third-Party Products and Services
The Platform may contain links to, integrations with or functionality supplied by third-party websites, applications, payment providers, mapping services or other products and services (Third-Party Products).
Third-Party Products are controlled independently and may be subject to their own terms and privacy policies. The inclusion of a link or integration does not by itself constitute our endorsement of the third party.
To the extent permitted by law, we are not responsible for the independent acts, omissions, availability, content, security or performance of Third-Party Products.
11. Intellectual Property and AI generated content
All intellectual property in the Platform and content created by or licensed to us, excluding User-submitted content, remains owned by us or our licensors. Users must not copy, reproduce, modify, distribute, scrape, republish or commercially exploit that material except as permitted by law or with our written permission.
A User retains ownership of content they submit. By submitting Listing content, the User grants GEA REAL ESTATE GROUP PTY LTD a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, format, adapt for display, communicate, publish and promote that content for the purpose of operating, marketing and promoting the Platform and the relevant Listing.
The User warrants that they have all rights, licences, consents and permissions necessary to submit the content and grant this licence.
The Platform, website and our marketing materials may contain images, illustrations, graphics or other content created or enhanced using artificial intelligence (AI) tools. AI-generated or AI-enhanced content may be used for illustrative, decorative or promotional purposes and should not be taken to represent an actual property, person, location or event unless expressly stated otherwise.
12. Liability
To the maximum extent permitted by law, GEA REAL ESTATE GROUP PTY LTD and its directors, officers, employees, contractors and representatives are not liable for any loss, damage, liability, cost or expense arising from or connected with:
To the maximum extent permitted by law, we are not liable for indirect, incidental, special or consequential loss, loss of profit, loss of revenue, loss of opportunity, loss of anticipated savings, loss of goodwill or loss arising from a property transaction not proceeding or not achieving an expected result.
13. Indemnity
To the maximum extent permitted by law, each User indemnifies and must keep indemnified GEA REAL ESTATE GROUP PTY LTD, its directors, officers, employees, contractors and representatives against any Cost reasonably incurred or suffered arising from a third-party claim, demand, proceeding, investigation or liability to the extent caused by or connected with:
A Seller indemnifies us in relation to information, content and instructions supplied or authorised by the Seller. An Agent indemnifies us in relation to information, content, representations and conduct supplied, made or undertaken by the Agent and in relation to the Agent's authority to act for the Seller.
The indemnity does not apply to the extent that a Cost is caused by our negligence, breach of these Terms, unlawful conduct or other act or omission for which our liability cannot lawfully be excluded.
We will take reasonable steps to mitigate any loss for which indemnity is sought. This clause survives suspension, termination or deletion of an account to the extent necessary to deal with matters arising before that time.
14. Suspension, Removal and Termination
We may suspend an account, restrict access, or suspend or remove a Listing where we reasonably believe that:
Where reasonably practicable, we may give the User notice of the issue and an opportunity to remedy it before permanent removal or termination, unless immediate action is reasonably necessary.
A User may stop using the Platform or request deletion of their account at any time, subject to legal, record-keeping and legitimate business requirements.
15. Google Maps and Other Mapping Services
The Platform may use Google Maps or other mapping services. Use of those services may be subject to the relevant provider's terms, policies and licence conditions. Users are responsible for complying with applicable third-party terms when using those services.
16. Privacy
Personal information is handled in accordance with our Privacy Policy and applicable privacy laws. By using the Platform, Users acknowledge that personal information will be collected, used, held and disclosed as described in the Privacy Policy.
17. Changes to These Terms
We may update these Terms from time to time to reflect changes to the Platform, our business practices, legal requirements, security requirements or other legitimate operational needs.
Updated Terms apply from the date stated or otherwise notified. Changes will not retrospectively increase a fee already paid or materially reduce an existing paid service, except where reasonably necessary to comply with law, address a security or operational risk, or where otherwise agreed with the User.
18. Governing Law
These Terms are governed by the laws of Victoria, Australia. Subject to any rights that cannot lawfully be excluded, the parties submit to the courts of Victoria and courts competent to hear appeals from those courts.
19. General
If any provision of these Terms is invalid or unenforceable, it will be read down to the extent necessary and, if it cannot be read down, severed without affecting the remaining provisions.
A failure or delay by us to exercise a right under these Terms does not waive that right.
These Terms, together with policies expressly incorporated into them, constitute the terms governing use of the Platform. Headings are for convenience only and do not affect interpretation.
20. Contact Us
For questions, support, cancellation or refund requests, contact:
Buy Off Market Real Estate
GEA REAL ESTATE GROUP PTY LTD (ACN 692 661 582)
Email: info@buyoffmarketrealestate.com.au