Exclusive Management Agency Agreement Template for Australia

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Key Requirements PROMPT example:

Exclusive Management Agency Agreement

"I need an Exclusive Management Agency Agreement for a portfolio of five residential properties in Sydney, with special provisions for holiday letting of two beachfront units during peak seasons and authority for the agent to approve maintenance expenses up to $2,000 without consultation."

Document background
The Exclusive Management Agency Agreement is a crucial document used in Australian property management when a property owner wishes to grant exclusive rights to a licensed real estate agent or agency to manage their property. This agreement is essential for establishing clear lines of authority and responsibility in property management relationships, ensuring compliance with Australian federal and state property legislation. It covers comprehensive aspects of property management including rent collection, maintenance coordination, tenant relations, and financial reporting. The document is designed to protect both parties' interests while ensuring professional property management services are delivered in accordance with Australian real estate regulations and industry best practices. Property owners should use this agreement when they want to delegate complete management responsibility to a single agent, ensuring there is no confusion about management authority or competing agency arrangements.
Suggested Sections

1. Parties: Identification of the property owner/landlord and the managing agent, including all relevant contact details and licensing information

2. Background: Context of the agreement, including property details and the owner's intention to appoint the agent

3. Definitions: Key terms used throughout the agreement, ensuring clear interpretation

4. Appointment and Authority: Formal appointment of the agent and scope of authority granted

5. Term of Agreement: Duration of the management agreement, including start date and termination provisions

6. Agent's Services and Obligations: Comprehensive list of services to be provided by the agent, including property management duties

7. Owner's Obligations: Responsibilities and obligations of the property owner

8. Fees and Charges: Detailed breakdown of management fees, commission structures, and additional charges

9. Trust Account Management: Handling of rental income and other funds, including trust account details

10. Maintenance and Repairs: Procedures for property maintenance, spending limits, and emergency repairs

11. Insurance and Liability: Insurance requirements and allocation of liability between parties

12. Termination: Conditions and procedures for terminating the agreement

13. Dispute Resolution: Process for handling disputes between parties

14. General Provisions: Standard legal provisions including governing law, notices, and entire agreement clause

Optional Sections

1. Multiple Properties Management: Additional terms for managing multiple properties under the same agreement

2. Holiday or Short-term Letting: Specific provisions for holiday rentals or short-term letting arrangements

3. Strata Management Coordination: Terms regarding coordination with strata management if the property is part of a strata scheme

4. Foreign Investment Compliance: Additional requirements for foreign-owned properties

5. Property Marketing Services: Additional terms for marketing services during vacancy periods

6. Building Works Supervision: Terms for overseeing major renovations or building works

7. Digital Services: Provisions for digital property management tools and platforms

Suggested Schedules

1. Schedule 1 - Property Details: Comprehensive details of the managed property including address, features, and condition

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures

3. Schedule 3 - Maintenance Contractors: List of approved contractors and maintenance providers

4. Schedule 4 - Property Management Services: Detailed scope of services to be provided by the agent

5. Schedule 5 - Key Performance Indicators: Metrics for measuring agent performance

6. Appendix A - Required Insurance Certificates: Copies of required insurance policies

7. Appendix B - Property Condition Report: Detailed report on property condition at agreement commencement

8. Appendix C - Authorization Forms: Standard forms for various authorizations and approvals

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

Clauses
Relevant Industries

Real Estate

Property Management

Residential Property

Commercial Property

Property Investment

Rental Property Management

Asset Management

Professional Services

Property Services

Relevant Teams

Legal

Property Management

Operations

Compliance

Business Development

Client Services

Contract Administration

Asset Management

Risk Management

Relevant Roles

Property Manager

Real Estate Agent

Asset Manager

Portfolio Manager

Business Development Manager

Operations Manager

Compliance Officer

Legal Counsel

Contract Administrator

Property Services Director

Real Estate Agency Principal

Leasing Manager

Client Relationship 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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