Residential Property Referral Notice

Our role

Investing Platform is operated by Figure 8 Capital Pty Ltd (ABN 49 681 113 100) ("we", "us"). We may from time to time refer wholesale investors to developers, vendors, or sales representatives of residential property opportunities. We are formally engaged as an Independent Marketer under written marketing-fee agreements with one or more residential property aggregators. An aggregator is a business that holds agency agreements with multiple property developers and packages those opportunities for distribution. This notice sets out the basis on which those referrals are made.

For financial products separately offered on this platform, Figure 8 Capital Pty Ltd is a Corporate Authorised Representative (No. 001311723) of Mondari Capital Group Pty Ltd (AFSL 294138). Direct interests in residential real property fall outside the financial product definition in sections 763A and 765A of the Corporations Act 2001 (Cth) and are therefore not regulated under that authorisation, nor do they require an Australian Financial Services Licence to market.

Identity of the aggregator and your right to enquire

We will identify the specific aggregator (and, where relevant, the underlying developer) for any opportunity you express interest in, before sharing your details onward. You may at any time request the aggregator's company name, ABN, and licensing status by emailing info@investingplatform.com.au. You should satisfy yourself as to the aggregator's standing before proceeding.

Conflict of interest disclosure

We may receive a referral fee, marketing fee, success fee, or commission from a residential property aggregator (or, on some opportunities, directly from a developer or sales representative) if you proceed with a transaction we have referred you to. The fee is paid by the third party out of monies it receives from the underlying property developer. The fee is not paid by you and is not added to or recouped from the price you pay. A summary of our current referral fee arrangements is available on request to info@investingplatform.com.au.

How our marketing fee works

When you complete a contracted purchase of a referred opportunity, the aggregator pays us the marketing fee in two tranches:

a portion is paid following exchange of contracts;
the remaining portion is paid following final settlement.

The split between the exchange tranche and the settlement tranche depends on the deposit you place at exchange. The exact rate of marketing fee for a specific project is agreed between us and the aggregator on a per-project basis and is available on request.

If you do not complete the contract (for example, the contract is rescinded or you fail to settle), any marketing fee already paid to us is refunded to the aggregator. We are not paid for incomplete or unsettled transactions. Our commercial incentive is therefore aligned with the deal completing, not merely with you signing a contract. We may hold marketing-fee agreements with more than one aggregator at any given time.

Our duty of integrity

Our marketing-fee agreement(s) require both us and the aggregator to operate with professional integrity and to always place the interests of the client first. This duty applies to every referral we make, in addition to our other obligations under applicable Australian law.

We do NOT provide financial product advice or property advice

Direct interests in residential real property are not financial products under the Corporations Act 2001 (Cth). Our marketing-fee agreement(s) also prohibit us from providing financial or property advice to a referred client, except where doing so falls within our own professional licensing or expertise (for example, a licensed real estate agent providing real estate advice within the scope of their licence). We do not hold a real estate agent licence and we do not currently rely on any such carve-out. When we refer you to a residential property opportunity:

we do not provide financial product advice;
we do not provide property, real-estate, or investment advice;
we do not act as your financial adviser, broker, or representative;
we are not arranging the issue or sale of a financial product on your behalf;
you remain solely responsible for your investment decision;
you should obtain your own independent legal, tax, financial, and property advice before proceeding.

What we DO and DO NOT do

We surface residential property opportunities sourced from third-party developers and suppliers. We do not evaluate, select, or endorse these opportunities on your behalf. We provide informational content (project briefs, location data, indicative pricing) supplied by the developer, and connect you to the supplier's representative if you express interest.

We DO NOT:

hold an Australian Financial Services Licence authorising us to deal in or advise on residential real property (because direct property is not a financial product);
hold trust monies or contracts of sale on your behalf;
provide independent valuations;
guarantee returns, capital growth, rental yield, or completion timelines;
conduct property-level due diligence on your behalf.

No real-estate-agent activities

Neither Figure 8 Capital Pty Ltd nor Investing Platform is a licensed real estate agent under the Property and Stock Agents Act 2002 (NSW) or equivalent legislation in other Australian jurisdictions. We do not act as a buyer's agent, vendor's agent, or auctioneer. Figure 8 Capital Pty Ltd is not a party to any contract of sale. We do not hold, execute, or guarantee any contract. The relevant developer or their licensed conveyancer is the responsible party for all contractual documentation, including compliance with vendor disclosure obligations under section 52A of the Conveyancing Act 1919 (NSW). All sales activity is conducted directly between you and the supplier (or the supplier's licensed agent) under the laws of the relevant Australian jurisdiction.

Where your deposit goes (we do not hold deposits)

At no point do we hold your deposit, settlement monies, or any other funds in connection with a residential property purchase. Deposits are held in accordance with the contract of sale, in most off-the-plan transactions in a solicitor's or conveyancer's trust account governed by the Legal Profession Uniform Law (NSW) and the Legal Profession Uniform General Rules 2015 (or equivalent legal-practitioner trust account legislation in other Australian jurisdictions). Where a licensed real estate agent holds the deposit instead, section 86 of the Property and Stock Agents Act 2002 (NSW) governs the trust account requirements. If the developer rescinds the contract or becomes insolvent, the recovery of your deposit is governed by the contract of sale and applicable state legislation; we are not a party to that process. You should confirm with the developer's solicitor or conveyancer how deposit funds are held and what protections apply in your jurisdiction before exchanging contracts.

Eligibility for property referrals

Residential property opportunities listed on the Platform are made available under referral arrangements with participating developers and aggregators, and are not subject to the wholesale-client gate that applies to fund opportunities. To register for an account and to be referred to a residential property opportunity, you must be at least 18 years of age and capable of entering a binding contract under Australian law. Identification and other on-boarding checks may apply. Wholesale-client status under sections 761G or 761GA of the Corporations Act 2001 (Cth) is required only for fund opportunities listed separately on the Platform.

Off-the-plan cooling-off period

Off-the-plan contracts of sale in New South Wales are subject to a statutory cooling-off period under section 66W of the Conveyancing Act 1919 (NSW), which is extended to 10 business days for off-the-plan residential contracts. Sunset-clause rescission is dealt with separately under sections 66ZL–66ZS of the same Act. Cooling-off rights in other Australian jurisdictions (Victoria, Queensland, Western Australia, South Australia, Tasmania, ACT, Northern Territory) vary and may be shorter, longer, or absent depending on the contract type and the state. Confirm the applicable cooling-off entitlement with your conveyancer or solicitor before exchange. You should obtain independent legal advice before signing any contract of sale.

Risk disclosure

Residential property carries material risk, including (without limitation): construction risk, settlement risk, market price risk, interest-rate risk, vacancy risk, regulatory change, and counterparty risk. For off-the-plan opportunities, additional risks include:

developer insolvency before completion;
sunset clause rescission (where the developer may rescind the contract if the project is not completed by a specified date);
finance/mortgage approval risk — your lender may withdraw or reduce loan approval between exchange and settlement, leaving you to fund the shortfall or risk default;
valuation risk at settlement — your lender may value the completed property below the contract price, requiring you to fund the gap;
strata or body corporate risk;
Strata Building Bond Scheme (NSW Class 2 buildings) — under section 207 of the Strata Schemes Management Act 2015 (NSW), developers of Class 2 residential buildings must lodge a 2% building bond held for a defects period. The bond is a defect-rectification mechanism, not a capital guarantee, and may be fully consumed by other lot owners' claims;
Statutory warranty cover (NSW) — for new residential building work, the Home Building Act 1989 (NSW) implies statutory warranties (six years for major defects, two years for other defects); enforcement is between you and the developer/builder;
State taxes and surcharges — stamp duty, land tax, vacant residential land tax, and (for foreign persons) foreign-purchaser surcharge duty and surcharge land tax are payable by you in addition to the contract price. Rates are set by each state and territory;
Foreign Investment Review Board (FIRB) approval risk and associated fees for non-resident purchasers.

Past performance of comparable properties is no indicator of future returns. You may lose some or all of the amount invested.

Information sharing

When you express interest in a referred opportunity, we will share your contact details (name, email, phone, message) with the relevant aggregator or their sales representative in accordance with our Privacy Policy. From the moment your details are shared, the aggregator treats those details as confidential to them under our marketing-fee agreement, and uses them to contact you about the specific project for which you registered interest.

By registering interest, you consent to being contacted by the relevant aggregator or their sales representatives about the specific opportunity, including by email, SMS, and telephone, in accordance with the Spam Act 2003 (Cth) and the Do Not Call Register Act 2006 (Cth). You may withdraw your consent or unsubscribe at any time by contacting the aggregator directly or by emailing info@investingplatform.com.au.

Contractual restrictions you should be aware of

Our marketing-fee agreement(s) impose the following restrictions on us (these restrictions do not bind you in any way, but you should understand how they shape what we can present to you):

Exclusivity of referrals. Once your contact details are shared with an aggregator on a particular opportunity, that aggregator treats your details as confidential to them. Without that aggregator's express written permission, we are restricted from making any other off-the-plan offers to you — whether sourced from a different aggregator's portfolio, or from elsewhere in the same aggregator's portfolio through a different channel. This means the pool of opportunities we can actively present to you may be affected by past referrals.
Non-circumvention. During the term of our agreement with an aggregator, and for a period of twelve (12) months after termination of that agreement, we are restricted from approaching or soliciting, for the purpose of conducting similar business, any property developer (or their agents/employees) who hold an agency agreement with that aggregator.
Termination of the underlying agreement. Either party may terminate the marketing-fee agreement on 30 days' written notice. If our agreement with an aggregator terminates after you have exchanged contracts on a referred project, this does not affect your contract of sale with the developer. Your post-exchange contact for the project is the developer's sales team or your conveyancer.

These restrictions apply between us and the aggregator. They do not restrict you. You remain free at any time to engage directly with any developer, to seek opportunities from other channels, or to terminate your relationship with us.

Limitation of liability

To the maximum extent permitted by law, we exclude all liability for loss or damage arising from any residential property referral, except where liability arises from our negligence, fraud, or wilful misconduct, or breach of a non-excludable consumer guarantee under the Australian Consumer Law.

Complaints

Complaints about our referral conduct may be directed to info@investingplatform.com.au. Property-related complaints (about a contract, a developer, or a sales transaction) should be directed to the developer or to NSW Fair Trading (or the equivalent consumer protection authority in your jurisdiction).

Governing law

This notice is governed by the laws of New South Wales, Australia.

Contact

Questions about a referral may be directed to info@investingplatform.com.au.