Exclusive Agency Agreement Form Template for Australia

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Key Requirements PROMPT example:

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."

Document background
The Exclusive Agency Agreement Form is a crucial document in Australian business and property transactions, designed to establish and govern an exclusive relationship between a principal and their chosen agent. This agreement is commonly used in real estate transactions but can be adapted for other business contexts where exclusive representation is required. The document ensures compliance with Australian state-specific legislation, including the Property and Stock Agents Act, and incorporates necessary consumer protection provisions. It typically includes detailed sections on agency scope, commission structures, marketing obligations, and termination conditions. The agreement's exclusive nature means the principal cannot engage other agents during the specified term, making it particularly important to clearly define all terms and conditions. This document is essential for protecting both parties' interests and establishing clear parameters for the agency relationship.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Relevant legal definitions
Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Property Management

Professional Services

Legal Services

Construction

Asset Management

Relevant Teams

Legal

Compliance

Sales

Business Development

Operations

Property Management

Contract Administration

Risk Management

Marketing

Agency Relations

Relevant Roles

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

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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