Real Estate Agent Listing Agreement Template for Australia

The Real Estate Agent Listing Agreement is a fundamental document in Australian property transactions that formalizes the relationship between property owners and real estate agents. This agreement is essential when a property owner wishes to engage a licensed real estate agent to market and sell their property. It must comply with state-specific legislation and the Property, Stock and Business Agents Act 2002, including mandatory disclosure requirements and consumer protection provisions. The document covers critical aspects such as the agent's authority (exclusive or non-exclusive), commission structure, marketing strategy, duration of appointment, and both parties' obligations. It's particularly important as it protects both the agent's and owner's interests while ensuring transparency in the property sale process. The agreement can be used for both residential and commercial properties and must include all statutory requirements specific to the Australian jurisdiction where the property is located.

1. Parties: Identification of the property owner/vendor and the real estate agent, including full legal names, addresses, and agent's license number

2. Background: Brief context explaining the owner's intention to sell/lease the property and engage the agent's services

3. Definitions: Key terms used throughout the agreement including Property, Services, Commission, Exclusive Agency Period, etc.

4. Appointment and Authority: Formal appointment of the agent and scope of authority granted, including whether exclusive or non-exclusive

5. Property Details: Complete description of the property including address, title details, and inclusions/exclusions

6. Agent's Services: Detailed description of services to be provided by the agent

7. Commission and Fees: Structure and timing of commission payments, marketing fees, and other charges

8. Agent's Obligations: Agent's duties including marketing strategy, reporting, and compliance requirements

9. Owner's Obligations: Owner's responsibilities including providing accurate information and property access

10. Term and Termination: Duration of agreement, notice periods, and termination rights

11. Marketing and Advertising: Agreed marketing approach, budget, and owner approvals process

12. Statutory Compliance: Mandatory disclosures and compliance with relevant legislation

13. Dispute Resolution: Process for handling disputes between parties

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