Internal draft — not yet reviewed by a lawyer. This document was prepared as a starting point based on how the platform actually works. It must be reviewed and approved by qualified legal counsel before publication or reliance by real users.

Terms of Use

Last updated: 27 August 2026 (draft)

1. Acceptance of these terms

By creating an account or otherwise using bestoffer.com.au (the "Platform"), you agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree, you must not use the Platform.

2. What the Platform does

BestOffer lets property vendors list an anonymised summary of their property and invite real estate agents to compete for the listing through a reverse auction on commission rate. Vendors choose which agents to invite; agents bid to offer the lowest commission rate; the winning agent receives the vendor's full contact details to progress the sale directly.

BestOffer is not a licensed real estate agency. We do not list, market, value, or sell property, and we are not a party to any agency agreement between a vendor and the agent they select. Agents and agencies using the Platform are independently licensed and remain solely responsible for complying with the real estate licensing and conduct laws of their jurisdiction.

3. Accounts and eligibility

  • You must provide accurate information when registering and keep it up to date.
  • Agents must register with a work email address; free consumer email domains (e.g. Gmail, Hotmail) are not accepted.
  • Agencies are responsible for the conduct of agents they manage on the Platform.
  • You are responsible for keeping your login credentials confidential and for all activity under your account.

4. How auctions work

  • Vendors may invite up to 3 primary agents and 1 backup agent per auction. If a primary agent declines, the backup is automatically promoted.
  • An auction must be scheduled at least 24 hours in advance, may only start at or after 10am, and runs for a minimum of 2 business days (including Saturday).
  • If fewer than 2 invited agents accept, the auction fails and the vendor must restart the process.
  • During a live auction, agents can see the current lowest bid but not which agent placed it. Vendors can see every bid together with the identity of the agent who placed it.
  • The agent offering the lowest commission rate at the close of the auction wins. Only the winning agent receives the vendor's full name, contact details, and property address; other participating agents do not.
  • BestOffer does not guarantee that any auction will attract bids, that a property will sell, or any particular sale price or timeframe.

5. Fees, payments, and refunds

  • Vendors pay a fee to list a property for auction, charged when the auction is created. Current pricing is shown at the time of listing.
  • If an auction fails — because no agent places a bid, or fewer than 2 invited agents accept — the vendor's listing fee is automatically refunded in full.
  • Agents and agencies are billed through their agency for platform subscriptions, additional sales areas, and messaging usage, in accordance with the pricing shown to them at the time.
  • Payments are processed by Stripe. By making a payment you also agree to Stripe's applicable terms.

6. Vendor responsibilities

You must provide accurate and truthful information about your property. You are responsible for reviewing and choosing whether to proceed with the winning agent; BestOffer is not responsible for the outcome of your engagement with an agent after an auction concludes.

7. Agent and agency responsibilities

You must hold any licence required to act as a real estate agent in the jurisdiction you operate in, provide accurate profile and commission information, and honour bids you place. You must not use information obtained through the Platform, including vendor contact details released to a winning agent, for any purpose unrelated to that vendor's transaction.

8. Reviews and content

Vendors may leave a star rating and, optionally, a written review of an agent following a completed auction. Public written reviews are moderated before display. You must not post content that is false, defamatory, abusive, or otherwise unlawful.

9. Prohibited conduct

You must not:

  • attempt to circumvent the auction process, including contacting another user to bypass it;
  • submit false bids or manipulate the auction outcome;
  • misuse, scrape, or reverse-engineer the Platform; or
  • use the Platform for any unlawful purpose.

10. Intellectual property

The Platform, including its software, design, and branding, is owned by BestOffer Pty Ltd or our licensors. You retain ownership of content you submit (such as property photos and profile information) and grant us a licence to use it to operate the Platform.

11. Disclaimers and limitation of liability

The Platform is provided "as is". To the maximum extent permitted by law, BestOffer excludes all warranties and will not be liable for any indirect or consequential loss arising from your use of the Platform, including loss arising from a failed auction, a property not selling, or the conduct of another user. Nothing in these terms excludes any guarantee or right that cannot be excluded under the Australian Consumer Law.

12. Suspension and termination

We may suspend or deactivate an account that breaches these terms, engages in fraudulent or abusive conduct, or poses a risk to other users or the Platform.

13. Governing law

These terms are governed by the laws of New South Wales, Australia, and you submit to the non-exclusive jurisdiction of its courts.

14. Changes to these terms

We may update these terms from time to time. Material changes will be notified through the Platform or by email before they take effect.

15. Contact us

For any questions about these terms, see our Contact page.