Overview
These Terms of Service ("Terms") govern the engagement between Fairway Investing Pty Ltd ("Fairway Investing", "we", "us", "our") and clients who engage our property advisory and buyers agency services ("you", "the Client").
By signing an Engagement Agreement, making payment, or instructing us to commence services on your behalf, you agree to be bound by these Terms. Please read them carefully before engaging our services.
These Terms should be read alongside your individual Engagement Agreement, which sets out the specific scope, fees and timeframe agreed for your engagement.
Who we are
Fairway Investing provides property advisory and buyers agency services to residential and investment property buyers across Australia. We do not provide financial product advice, credit advice, tax advice or legal advice.
- Business name: Fairway Investing Pty Ltd
- ABN: 68 699 032 598
- ACN: 699 032 598
- Address: Suite 211, Level 2/5 Alexander Street, Crows Nest NSW 2065
- Email: info@fairwayinvesting.com.au
- Phone: 0416 184 333
Services
Fairway Investing may provide any or all of the following services as agreed in your Engagement Agreement:
- Strategy sessions to define your investment brief and property criteria
- Active property search and shortlisting on your behalf
- Property research, due diligence reports and market analysis
- Property inspections (in-person or virtual)
- Negotiation of purchase price and contract terms with the selling agent
- Coordination with your conveyancer, mortgage broker and other professionals
- Support through to settlement and beyond
We act exclusively in your interest as a buyer. We do not act for vendors or accept referral fees from selling agents, developers or any third party for directing you toward a specific property.
Fees and payment
Our fee structure is outlined in your individual Engagement Agreement. Fees are typically structured as follows:
- Engagement fee: A fixed upfront fee payable upon signing the Engagement Agreement to commence your property search. This fee is non-refundable once we begin work.
- Success fee: A fee payable upon exchange of contracts for the purchase of a property sourced or negotiated by Fairway Investing. The success fee is calculated as either a fixed amount or a percentage of the purchase price, as set out in your Engagement Agreement.
All fees are quoted in Australian dollars and are inclusive of GST unless stated otherwise. Payment is due by the date specified in the invoice. Late payment may result in a suspension of services.
If you choose not to proceed with a property we have identified, negotiated or recommended, the success fee is not payable for that property. However, the engagement fee is not refundable.
Your obligations
To enable us to act effectively on your behalf, you agree to:
- Provide accurate and complete information about your financial position, property goals and preferences
- Inform us promptly of any change in your circumstances, borrowing capacity or investment criteria
- Obtain independent finance pre-approval before we commence active searching
- Respond to communications in a timely manner, particularly when time-sensitive opportunities arise
- Make your own independent enquiries with qualified professionals (conveyancer, accountant, financial adviser) before exchanging contracts
- Not engage another buyers agent for the same property search during the term of this engagement without notifying us
Not financial or legal advice
Fairway Investing is a property advisory and buyers agency. We are not a licensed financial planner, credit provider or legal practitioner. Nothing we provide — including research reports, market analysis, property comparisons or recommendations — constitutes financial product advice, credit advice, tax advice or legal advice.
Before making any property purchase decision, you should seek independent advice from qualified professionals, including a licensed mortgage broker, financial adviser, tax accountant and conveyancer or solicitor.
Property investment carries risk. Past performance of any market or property type is not a reliable indicator of future performance. We cannot guarantee any specific financial outcome from our services.
Limitation of liability
To the maximum extent permitted by law, Fairway Investing's total liability to you for any loss or damage arising from or relating to our services — whether in contract, tort (including negligence), statute or otherwise — is limited to the total fees paid by you to Fairway Investing under the relevant Engagement Agreement.
We are not liable for:
- Any loss of profit, revenue, opportunity or goodwill (whether direct or indirect)
- Any consequential, incidental, indirect or special loss or damage
- Any loss arising from your reliance on third-party information, valuations or reports
- Any change in property value, rental income or market conditions after purchase
- Any failure by third parties (including selling agents, vendors, conveyancers or financiers) to perform their obligations
Nothing in these Terms limits your rights under the Australian Consumer Law or any other non-excludable statutory guarantee.
Confidentiality
Both parties agree to keep confidential any information shared during the engagement that is reasonably understood to be confidential, including property strategies, financial details, negotiation positions and research materials.
We will not disclose your personal or financial information to third parties except as required to perform our services (for example, providing your contact details to a conveyancer you have appointed), or as required by law.
Termination
Either party may terminate the engagement by providing written notice. The following conditions apply upon termination:
- The engagement fee is non-refundable regardless of when termination occurs
- If termination occurs after we have exchanged contracts on your behalf, the success fee remains payable
- If you purchase a property that was introduced to you by Fairway Investing within 12 months of termination, the success fee remains payable
- We will provide you with a summary of all properties identified and work performed up to the date of termination
Dispute resolution
We are committed to resolving any concerns quickly and fairly. If you have a complaint or dispute arising from our services, please follow these steps:
- Step 1 — Contact us directly: Email info@fairwayinvesting.com.au or call 0416 184 333. We will acknowledge your complaint within 2 business days and aim to resolve it within 10 business days.
- Step 2 — Mediation: If we cannot resolve the dispute directly, either party may request mediation through a mutually agreed mediator before commencing formal proceedings.
- Step 3 — Legal proceedings: If mediation is unsuccessful, either party may pursue their rights through the courts of New South Wales.
Governing law
These Terms are governed by the laws of New South Wales, Australia. You and Fairway Investing submit to the exclusive jurisdiction of the courts of New South Wales and any courts competent to hear appeals from those courts.
Changes to these Terms
We may update these Terms from time to time to reflect changes in our services, business practices or legal obligations. The current version will always be available on this page with the date it was last updated. Continued engagement after an update constitutes your acceptance of the revised Terms.
Contact us
For any questions about these Terms or your engagement, please reach out:
- Email: info@fairwayinvesting.com.au
- Phone: 0416 184 333
- Post: Suite 211, Level 2/5 Alexander Street, Crows Nest NSW 2065