Tenant Broker Agreement Template for Australia

The Tenant Broker Agreement is a crucial document used when a business or individual engages a professional broker to assist in finding and securing appropriate commercial property space in Australia. This agreement type has become increasingly important as commercial property markets have grown more complex, requiring specialized expertise to navigate. The document sets out the terms under which the tenant broker will provide their services, including property search, market analysis, lease negotiation, and advisory services. It includes specific provisions required under Australian law, particularly addressing real estate agency regulations, consumer protection requirements, and professional service standards. The agreement is designed to protect both parties' interests while ensuring transparency in the broker-client relationship. Typically used at the outset of a property search process, this document forms the foundation of the professional engagement and clearly delineates responsibilities, compensation structures, and service expectations.

1. Parties: Identification of the tenant broker and the tenant client, including full legal names and contact details

2. Background: Context of the agreement, including the tenant's intention to lease property and the broker's role in assisting with this process

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Property', 'Commission', 'Lease Terms', etc.

4. Appointment and Authority: Formal appointment of the broker and scope of authority granted by the tenant

5. Broker Services: Detailed description of services to be provided by the broker, including property search, negotiation, and advisory services

6. Term of Agreement: Duration of the agreement, including start date and termination conditions

7. Fees and Commission: Structure and timing of broker compensation, including success fees and any retainer arrangements

8. Broker's Obligations: Key responsibilities and duties of the broker, including duty of care and professional standards

9. Client's Obligations: Responsibilities of the tenant client, including providing accurate information and timely responses

10. Confidentiality: Obligations regarding confidential information shared during the engagement

11. Conflicts of Interest: Disclosure requirements and management of potential conflicts

12. Termination: Circumstances and process for ending the agreement

13. Liability and Indemnity: Limitations of liability and indemnification provisions

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