Real Estate Agent Contract Template for Australia

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Key Requirements PROMPT example:

Real Estate Agent Contract

"I need a Real Estate Agent Contract for an exclusive 12-month listing agreement starting January 2025, covering both sales and property management services for a portfolio of five commercial properties in Sydney, with specific provisions for international marketing."

Document background
The Real Estate Agent Contract is a crucial document in Australian property transactions, used to formalize the relationship between property owners and licensed real estate professionals. It is essential for compliance with federal and state-specific real estate regulations, including the Property and Stock Agents Act 2002 and various state-level property laws. This contract type is required whenever a property owner engages a real estate agent or agency for services such as property sales, leasing, or management. The document includes comprehensive details about service scope, commission structures, marketing arrangements, agent authorities, and obligations of all parties. It's designed to protect both the principal's and agent's interests while ensuring compliance with Australian consumer protection laws, privacy regulations, and professional conduct requirements. The contract's structure accommodates various property types and service arrangements, from simple sales agreements to complex property management services.
Suggested Sections

1. Parties: Identification of the principal (property owner) and the agent, including full legal names, ABN/ACN, and registered business addresses

2. Background: Context of the agreement, including the agent's qualifications and licenses, and the principal's property ownership

3. Definitions: Key terms used throughout the agreement, including Property, Services, Commission, and other relevant terminology

4. Appointment and Authority: Scope of the agent's appointment and specific authorities granted by the principal

5. Agent's Services: Detailed description of services to be provided by the agent, including marketing, property management, and transaction handling

6. Term of Agreement: Duration of the agreement, including start date, end date, and renewal provisions

7. Fees and Commission Structure: Detailed breakdown of all fees, commission rates, and payment terms

8. Marketing and Advertising: Specifications for property marketing, including methods, budgets, and approvals process

9. Agent's Obligations: Legal and professional obligations of the agent, including compliance with relevant laws and regulations

10. Principal's Obligations: Responsibilities and obligations of the property owner

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

12. Dispute Resolution: Process for handling disputes between parties

13. Confidentiality: Provisions regarding handling of confidential information

14. Execution: Formal signing section with declarations of understanding

Optional Sections

1. Property Management Services: Detailed section for ongoing property management services - include when the agent will manage rental properties

2. Performance Targets: Specific performance metrics and targets - include for performance-based agreements

3. Multiple Properties: Provisions for managing multiple properties - include when the principal has multiple properties under management

4. Sub-Agency Arrangements: Terms for involving other agents or agencies - include when sub-agents may be engaged

5. International Marketing: Specific provisions for international marketing efforts - include when targeting overseas buyers

6. Trust Account Management: Detailed provisions for handling trust accounts - include for full-service property management

7. Staff and Contractors: Terms regarding the use of staff and contractors - include for larger agencies

8. Online Platforms: Specific terms for online marketing and platforms - include for digital-focused marketing strategies

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property(ies) covered by the agreement

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

3. Schedule 3 - Marketing Plan: Detailed marketing strategy and budget allocation

4. Schedule 4 - Service Level Agreement: Specific performance standards and service levels to be maintained

5. Schedule 5 - Required Documentation: List of required documents and compliance certificates

6. Appendix A - Agency License Details: Copies of relevant licenses and certifications

7. Appendix B - Insurance Certificates: Copies of required insurance policies

8. Appendix C - Standard Operating Procedures: Detailed procedures for property management and sales processes

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
Clauses
Relevant Industries

Real Estate

Property Management

Property Development

Commercial Property

Residential Property

Retail Property

Industrial Property

Strata Management

Property Investment

Property Services

Relevant Teams

Legal

Operations

Sales

Property Management

Compliance

Finance

Business Development

Marketing

Client Services

Administration

Risk Management

Trust Accounting

Relevant Roles

Real Estate Agent

Property Manager

Sales Director

Agency Principal

Business Development Manager

Leasing Consultant

Strata Manager

Commercial Property Agent

Real Estate Sales Representative

Agency License Holder

Compliance Officer

Trust Account Manager

Real Estate Operations Manager

Senior Property 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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