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Exclusive Agency Agreement Form
"I need an Exclusive Agency Agreement Form for selling my beachfront property in Gold Coast, Australia, with a 6-month exclusivity period starting March 1, 2025, including specific provisions for international marketing and virtual property tours."
1. Parties: Identification of the Principal (property owner) and the Agent, including full legal names, ABN/ACN, and contact details
2. Background: Context of the agreement, including property details and the purpose of appointing an exclusive agent
3. Definitions: Key terms used throughout the agreement, including 'Exclusive Agency Period', 'Property', 'Services', and 'Commission'
4. Appointment and Term: Formal appointment of the agent, specification of exclusivity, and duration of the agreement
5. Agent's Services: Detailed description of services to be provided by the agent
6. Agent's Authority: Scope of the agent's authority to act on behalf of the principal
7. Agent's Obligations: Key responsibilities and duties of the agent, including marketing, reporting, and compliance obligations
8. Principal's Obligations: Responsibilities of the property owner, including providing information and access to the property
9. Fees and Commission: Detailed fee structure, commission rates, and payment terms
10. Marketing and Advertising: Agreement on marketing strategy, costs, and approval processes
11. Termination: Circumstances and processes for ending the agreement
12. Dispute Resolution: Process for handling disagreements between parties
13. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. GST Provisions: Detailed GST treatment of fees and services - required if either party is GST registered
2. Conjunctional Arrangements: Terms for working with other agents - include if conjunctional arrangements are permitted
3. Additional Services: Special or additional services beyond standard agency services - include if offering property management or other services
4. Performance Targets: Specific performance metrics for the agent - include if agreed upon with the principal
5. International Marketing: Provisions for international marketing efforts - include if targeting overseas buyers
6. Digital Marketing Specifics: Detailed digital marketing requirements - include if specific digital strategies are agreed
7. Property Maintenance: Terms for maintaining the property during the agency - include if agent will manage property maintenance
1. Schedule 1 - Property Details: Detailed description of the property, including title details, inclusions, and exclusions
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, including any sliding scales or bonus arrangements
3. Schedule 3 - Marketing Plan: Comprehensive marketing strategy and budget
4. Schedule 4 - Agency Fees: Itemized list of all fees and charges
5. Schedule 5 - Required Documents: List of documents required from the principal
6. Appendix A - Property Photographs: Current photographs and floor plans of the property
7. Appendix B - Marketing Materials: Samples or templates of proposed marketing materials
8. Appendix C - Compliance Documents: Copies of agent's licenses, insurance certificates, and other regulatory documents
Authors
Agency Period
Exclusive Agency Period
Property
Services
Commission
Principal
Agent
Agent's Representatives
Business Day
Confidential Information
Consumer Price Index
GST
Listing Price
Marketing Expenses
Net Sale Price
Operating Expenses
Property Documentation
Reserve Price
Sale
Settlement Date
Contract of Sale
Marketing Plan
Outgoings
Performance Targets
Prescribed Form
Professional Fees
Related Bodies Corporate
Selling Price
Third Party
Working Hours
Intellectual Property Rights
Force Majeure Event
Conjunctional Agent
Marketing Material
Exclusivity
Duration
Authority
Services
Commission
Fees and Expenses
Marketing
Confidentiality
Property Access
Representations and Warranties
Obligations
Performance
Reporting
Insurance
Indemnification
Termination
Force Majeure
Assignment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Variation
GST
Compliance
Property Maintenance
Data Protection
Intellectual Property
Third Party Rights
Time of Essence
Waiver
Competition and Restraint
Real Estate
Property Development
Commercial Property
Residential Property
Property Management
Professional Services
Legal Services
Construction
Asset Management
Legal
Compliance
Sales
Business Development
Operations
Property Management
Contract Administration
Risk Management
Marketing
Agency Relations
Real Estate Agent
Property Manager
Sales Director
Business Development Manager
Legal Counsel
Compliance Officer
Contract Manager
Agency Principal
Property Consultant
Sales Manager
Operations Manager
Managing Director
Commercial Property Agent
Licensed Estate Agent
Agency Development Manager
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