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Exclusive Seller Brokerage Engagement Agreement
"I need an Exclusive Seller Brokerage Engagement Agreement for a high-value commercial property in Sydney CBD, including provisions for international marketing and digital promotion, with a minimum listing price of $15M and specific requirements for monthly marketing reports."
1. Parties: Identifies and provides full details of the property seller (client) and the real estate broker/agency
2. Background: Establishes the context of the agreement, including the seller's intention to sell the property and the broker's qualifications
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Appointment and Scope: Details the exclusive appointment of the broker and outlines the specific services to be provided
5. Property Details: Specific information about the property being sold, including its full legal description
6. Term of Agreement: Specifies the duration of the exclusive agreement, including start and end dates
7. Commission and Fees: Details the broker's commission structure, additional fees, and payment terms
8. Broker's Obligations: Lists all duties and responsibilities of the broker in marketing and selling the property
9. Seller's Obligations: Outlines the seller's responsibilities and commitments during the agreement period
10. Marketing and Advertising: Specifies the agreed marketing strategy and advertising arrangements
11. Price and Sale Terms: States the agreed listing price range and acceptable terms of sale
12. Termination: Conditions under which the agreement can be terminated by either party
13. Dispute Resolution: Procedures for handling disputes between the parties
14. General Provisions: Standard legal clauses including governing law, notices, and entire agreement provisions
1. Protection Period: Defines a period after agreement termination during which the broker may still be entitled to commission; include when standard in the jurisdiction
2. Multiple Listing Service: Terms for listing the property on MLS platforms; include when MLS services will be used
3. Virtual Tours and Digital Marketing: Specific provisions for digital marketing services; include when offering advanced digital marketing
4. International Marketing: Additional terms for marketing to international buyers; include when targeting overseas markets
5. Auction Provisions: Specific terms if the property may be sold by auction; include when auction is a potential sale method
6. Property Management: Terms for managing the property until sale; include when property management services are needed
7. GST Provisions: Detailed GST handling terms; include when the transaction may have GST implications
1. Schedule 1 - Property Details: Detailed description of the property, including title details, fixtures, and fittings
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, circumstances, and calculation methods
3. Schedule 3 - Marketing Plan: Comprehensive marketing strategy and budget allocation
4. Schedule 4 - Agency Services: Detailed list of all services to be provided by the broker
5. Appendix A - Property Photos and Floor Plans: Current photographs and floor plans of the property
6. Appendix B - Disclosure Statement: Required disclosures under relevant state real estate legislation
7. Appendix C - Market Analysis: Comparative market analysis and proposed pricing strategy
Authors
Agency Period
Broker
Business Day
Commission
Completion
Contract of Sale
Deposit
Exclusive Agency
GST
Listing Price
Marketing Expenses
Property
Protection Period
Purchase Price
Purchaser
Real Estate Agency
Sale
Seller
Services
Settlement Date
Selling Price
Title
Transfer
Valid Contract
Market Value
Multiple Listing Service
Net Sale Proceeds
Operating Expenses
Outgoings
Related Party
Representatives
Reserve Price
Authorised Person
Confidential Information
Exclusivity
Term and Duration
Services
Commission
Property Details
Marketing and Advertising
Price and Listing Terms
Broker Obligations
Seller Obligations
Representations and Warranties
Confidentiality
Protection Period
Termination
Payment Terms
GST
Dispute Resolution
Force Majeure
Insurance
Indemnification
Compliance with Laws
Anti-Money Laundering
Privacy
Assignment
Notices
Entire Agreement
Severability
Governing Law
Amendment
Waiver
Authority
Competition and Fair Trading
Consumer Protection
Electronic Communications
Third Party Rights
Real Estate
Property Development
Commercial Property
Residential Property
Property Investment
Professional Services
Legal Services
Financial Services
Legal
Real Estate Sales
Compliance
Operations
Business Development
Contract Administration
Property Management
Executive Leadership
Marketing
Real Estate Agent
Property Broker
Real Estate Sales Manager
Property Sales Director
Legal Counsel
Compliance Officer
Property Manager
Sales Director
Business Development Manager
Contract Administrator
Real Estate Operations Manager
Property Sales Consultant
Managing Director
Chief Executive Officer
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