Non Exclusive Buyer Agency Agreement Template for Australia

The Non-Exclusive Buyer Agency Agreement is a critical document in Australian real estate transactions where a buyer wishes to engage professional representation while maintaining flexibility in their property search. This agreement is particularly useful in competitive property markets where buyers benefit from multiple agents' services without being locked into an exclusive arrangement. The document defines the scope of the agent's services, commission structure, and obligations while protecting the buyer's right to work with other agents. It is designed to comply with Australian property law, consumer protection regulations, and real estate industry standards. The agreement is commonly used by both individual and corporate buyers, and can be adapted for residential or commercial property purchases. It includes essential provisions for property search parameters, professional service standards, confidentiality, and termination rights, while ensuring transparency in the agency relationship.

1. Parties: Identification of the buyer (principal) and the real estate agent (agent), including full legal names and contact details

2. Background: Context of the agreement, including the buyer's intention to purchase property and the agent's qualification to provide buyer agency services

3. Definitions: Key terms used throughout the agreement, including 'Property Requirements', 'Purchase Price', 'Agency Period', and 'Commission'

4. Appointment and Scope: Establishes the non-exclusive appointment of the agent and defines the scope of services to be provided

5. Term of Agreement: Specifies the duration of the agency agreement, including start date and termination conditions

6. Agent's Services: Detailed description of services the agent will provide, including property search, negotiation, and advisory services

7. Agent's Obligations: Key responsibilities and duties of the agent, including fiduciary duties and professional conduct requirements

8. Buyer's Obligations: Responsibilities of the buyer, including providing accurate requirements and timely responses

9. Commission and Fees: Structure and timing of agent compensation, including circumstances for commission payment

10. Non-Exclusivity Provisions: Explicit acknowledgment of the buyer's right to engage other agents and related terms

11. Termination: Conditions and process for ending the agreement by either party

12. Confidentiality: Obligations regarding confidential information shared during the agency relationship

13. Governing Law: Specification of Australian law as governing law and jurisdiction for disputes

14. Execution: Signature blocks and execution requirements for both parties