Broker Salesperson Agreement Template for Australia

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Key Requirements PROMPT example:

Broker Salesperson Agreement

"I need a Broker Salesperson Agreement for a luxury real estate agency in Sydney, incorporating specific provisions for high-value property transactions and international client handling, with extra focus on confidentiality and brand protection."

Document background
The Broker Salesperson Agreement is a critical document used in the Australian real estate industry to formalize the relationship between brokers/brokerage firms and their salespeople. This agreement is essential when engaging new real estate professionals, whether as employees or independent contractors, and must comply with Australian federal laws and state-specific real estate regulations. The document typically includes detailed provisions for commission structures, operational procedures, compliance requirements, and professional obligations. It serves to protect both parties' interests while ensuring adherence to Australian real estate industry standards, privacy laws, and consumer protection regulations. The agreement is particularly important in establishing clear guidelines for professional conduct, brand representation, and client relationship management in the Australian real estate market.
Suggested Sections

1. Parties: Identification of the broker/brokerage firm and the salesperson, including their legal names, addresses, and licensing details

2. Background: Context of the agreement, including the broker's business nature and salesperson's qualifications

3. Definitions: Key terms used throughout the agreement including 'Commission', 'Territory', 'Listings', 'Closings', etc.

4. Appointment and Scope: Formal appointment of the salesperson and scope of authorized activities

5. License and Compliance: Requirements for maintaining necessary licenses and compliance with real estate laws

6. Duties and Responsibilities: Detailed obligations of both the salesperson and broker

7. Commission Structure: Basic commission rates, payment terms, and calculation methods

8. Independent Contractor Status: Clear definition of the business relationship and tax implications

9. Confidentiality and Non-Disclosure: Protection of confidential information and trade secrets

10. Marketing and Branding: Guidelines for use of broker's brand and marketing materials

11. Insurance and Liability: Insurance requirements and allocation of liability

12. Term and Termination: Duration of agreement and conditions for termination

13. Post-Termination Obligations: Obligations and restrictions after agreement ends

14. General Provisions: Standard clauses including governing law, amendments, and notices

Optional Sections

1. Team Operations: Rules and structures for salespersons working in teams, used when salesperson leads or joins a team

2. Specialty Market Provisions: Specific terms for specialized markets (luxury, commercial, etc.), included when salesperson focuses on specific market segments

3. Training Requirements: Mandatory training programs and professional development, used when broker provides specific training programs

4. Transaction Coordinator Services: Terms for use of transaction coordinators, included when broker provides these services

5. International Business: Special provisions for international transactions, used when dealing with international clients

6. Virtual Office Provisions: Rules for remote work and virtual office arrangements, included for remote working arrangements

7. Mentorship Program: Terms for participation in mentorship programs, used for new agents or structured development programs

Suggested Schedules

1. Schedule A - Commission Structure: Detailed breakdown of commission splits, bonuses, and incentive programs

2. Schedule B - Territory Definition: Specific geographical areas or market segments covered by the agreement

3. Schedule C - Approved Marketing Materials: Templates and guidelines for marketing materials and social media

4. Schedule D - Technology and Systems: List of provided technology tools and systems with usage guidelines

5. Schedule E - Compliance Procedures: Detailed procedures for regulatory compliance and transaction management

6. Appendix 1 - Required Forms: Standard forms and documents required for transactions

7. Appendix 2 - Office Policies: Detailed broker policies and procedures

8. Appendix 3 - Fee Schedule: Breakdown of any fees charged by broker for services or resources

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries

Real Estate

Property Management

Commercial Property

Residential Property

Luxury Real Estate

Industrial Property

Real Estate Investment

Property Development

Relevant Teams

Legal

Compliance

Sales

Operations

Human Resources

Risk Management

Business Development

Administration

Finance

Relevant Roles

Real Estate Agent

Property Consultant

Sales Representative

Broker

Managing Broker

Sales Manager

Compliance Officer

Real Estate Director

Property Sales Executive

Business Development Manager

Senior Real Estate Agent

Principal Real Estate Agent

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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