Commercial Real Estate Buyer Broker Agreement Template for Australia

The Commercial Real Estate Buyer Broker Agreement is a crucial document used in Australian commercial property transactions when a buyer seeks professional representation in acquiring commercial real estate. This agreement is designed to comply with Australian federal and state-specific property laws, including relevant Real Estate and Business Agents Acts. It is particularly important for establishing clear terms of engagement, defining the scope of the broker's services, outlining compensation structures, and protecting both parties' interests. The document becomes especially relevant in complex commercial property transactions where professional representation is essential for navigating market conditions, conducting due diligence, and negotiating favorable terms. It includes provisions for exclusive representation, performance expectations, and termination conditions, while ensuring compliance with Australian consumer protection laws and real estate regulations.

1. Parties: Identifies and provides full details of the broker and the buyer, including ABN/ACN for companies

2. Background: Outlines the context of the agreement, including the buyer's intention to acquire commercial property and the broker's qualifications

3. Definitions: Defines key terms used throughout the agreement including but not limited to Property, Services, Commission, and Exclusive Period

4. Appointment and Scope of Services: Details the buyer's appointment of the broker and comprehensively lists all services to be provided

5. Term of Agreement: Specifies the duration of the agreement, including start date and any extension provisions

6. Broker's Rights and Obligations: Lists all duties, responsibilities, and rights of the broker including due diligence requirements

7. Buyer's Rights and Obligations: Outlines the buyer's responsibilities, including providing accurate information and cooperation

8. Compensation Structure: Details the broker's fees, commission structure, and payment terms

9. Confidentiality: Specifies confidentiality obligations regarding shared information and property details

10. Termination: States conditions under which either party may terminate the agreement and the consequences

11. Dispute Resolution: Outlines the process for resolving disputes between parties

12. General Provisions: Contains standard clauses including governing law, notices, and entire agreement provisions