Buyer Broker Exclusive Agreement Template for Australia

The Buyer Broker Exclusive Agreement is a foundational document used in Australian real estate transactions when a buyer wishes to engage a broker's services exclusively for property purchases. This agreement is particularly important in competitive real estate markets where having dedicated professional representation can be crucial. The document establishes the terms under which the broker will act as the buyer's exclusive agent, including property search parameters, negotiation services, and professional advice. It details the broker's compensation structure, whether through success fees, retainers, or a combination of both. The agreement must comply with Australian federal laws such as the Competition and Consumer Act 2010, as well as state-specific real estate regulations. It includes essential provisions for confidentiality, exclusivity period, termination rights, and dispute resolution procedures. This type of agreement is commonly used by both individual and corporate buyers seeking professional representation in property transactions.

1. Parties: Identification of the buyer (client) and the licensed real estate broker/agency

2. Background: Context of the agreement, including the buyer's intention to purchase property and the broker's qualifications

3. Definitions: Key terms used throughout the agreement including 'Exclusive Period', 'Property Requirements', 'Purchase Price Range', and 'Service Fee'

4. Appointment and Scope: Exclusive appointment of the broker and detailed scope of services to be provided

5. Term and Exclusivity: Duration of the agreement and exclusivity provisions

6. Broker's Obligations: Detailed listing of all services and duties the broker will perform

7. Client's Obligations: Buyer's responsibilities, including providing accurate information and maintaining exclusive relationship

8. Fees and Expenses: Structure and timing of broker's compensation, including success fees and expense reimbursement

9. Confidentiality: Obligations regarding confidential information shared during the engagement

10. Termination: Circumstances and process for ending the agreement, including any tail period provisions

11. Dispute Resolution: Process for handling disagreements and jurisdictional matters

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