Exclusive Leasing Agency Agreement Template for Australia

The Exclusive Leasing Agency Agreement is a crucial document in Australian real estate practice, used when a property owner wishes to appoint a single real estate agent as their exclusive representative for leasing their property. This agreement is essential for establishing clear terms of engagement between property owners and real estate agents, protecting both parties' interests and ensuring compliance with Australian property law and state-specific real estate regulations. The document typically includes comprehensive details about the property, agreed services, fee structures, marketing strategies, and the agent's authority levels. It is particularly important in situations where professional property management services are required, and the property owner wants to ensure consistent, dedicated service from a single agency. The agreement must comply with various Australian legislative requirements, including the Property and Stock Agents Act, relevant Residential Tenancies Acts, and consumer protection laws.

1. Parties: Identifies the property owner (Principal) and the real estate agent (Agent), including full legal names, addresses, and relevant license numbers

2. Background: Briefly outlines the context of the agreement, including property owner's intention to lease the property and appointment of the agent

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Appointment and Term: Specifies the exclusive appointment of the agent, duration of the agreement, and any renewal terms

5. Property Details: Comprehensive description of the property subject to the agreement, including address and any specific inclusions/exclusions

6. Agent's Services: Details the specific services the agent will provide, including marketing, tenant screening, and property management duties

7. Agent's Authority: Outlines the scope of the agent's authority to act on behalf of the property owner

8. Fees and Commissions: Specifies all fees, commissions, and charges payable to the agent, including calculation methods and payment terms

9. Marketing and Advertising: Details the agreed marketing strategy, advertising methods, and associated costs

10. Principal's Obligations: Lists the property owner's responsibilities and obligations under the agreement

11. Termination: Specifies conditions and procedures for terminating the agreement

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

13. Governing Law: Specifies that the agreement is governed by Australian law and the relevant state/territory jurisdiction