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Broker And Agent Agreement
"I need a Broker And Agent Agreement for a real estate brokerage firm in Auckland, with specific provisions for digital marketing rights and the ability to appoint sub-agents in the Wellington region, ensuring compliance with the latest New Zealand real estate regulations."
1. Parties: Identifies and provides full details of the broker and agent entering into the agreement
2. Background: Outlines the context of the agreement and the general intent of the parties to enter into a broker-agent relationship
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes rules for interpretation
4. Appointment and Scope: Details the formal appointment of the agent/broker and defines the scope of services to be provided
5. Term and Termination: Specifies the duration of the agreement and conditions for termination
6. Duties and Obligations: Lists the specific responsibilities and obligations of both parties
7. Compensation and Payment Terms: Details the fee structure, commission rates, and payment terms
8. Compliance Requirements: Outlines regulatory compliance obligations including AML/CFT requirements
9. Confidentiality: Specifies handling of confidential information and trade secrets
10. Intellectual Property: Addresses ownership and usage rights of intellectual property
11. Liability and Indemnification: Details the allocation of risks and indemnification obligations
12. Dispute Resolution: Outlines the process for resolving disputes between parties
13. General Provisions: Contains standard boilerplate clauses including notices, amendments, and governing law
1. Sub-Agents: Include when the agent has the right to appoint sub-agents
2. Territory Restrictions: Include when the agent's activities are limited to specific geographic areas
3. Non-Compete Clause: Include when parties agree to restrict competitive activities
4. Marketing and Branding: Include when specific requirements exist for marketing and brand representation
5. Insurance Requirements: Include when specific insurance coverage is required
6. Performance Metrics: Include when specific performance targets or KPIs are part of the agreement
7. Training Requirements: Include when specific training or certification requirements exist
8. Data Protection: Include when detailed privacy and data protection requirements are needed
1. Schedule 1 - Service Description: Detailed description of services to be provided
2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, commissions, and payment structures
3. Schedule 3 - Territory Map: Map and description of authorized territory (if applicable)
4. Schedule 4 - Compliance Procedures: Detailed compliance procedures and requirements
5. Schedule 5 - Approved Marketing Materials: List of approved marketing materials and usage guidelines
6. Appendix A - Required Forms: Standard forms and documents required for operations
7. Appendix B - Contact Details: Key contact information for both parties
8. Appendix C - Service Level Requirements: Specific service level and performance requirements
Authors
Agent
Applicable Laws
AML/CFT Requirements
Broker
Business Day
Commencement Date
Confidential Information
Commission
Compliance Requirements
Client
Dispute
Effective Date
Force Majeure Event
Fees
Intellectual Property Rights
Licensed Activities
Material Breach
Notice
Parties
Personal Information
Principal
Regulatory Authority
Related Company
Services
Service Territory
Sub-Agent
Term
Termination Date
Transaction
Working Hours
Professional Standards
Reporting Requirements
Revenue
Gross Commission
Net Commission
Marketing Materials
Regulatory Licenses
Client Records
Performance Metrics
Scope of Authority
Term and Termination
Duties and Responsibilities
Commission Structure
Payment Terms
Compliance and Regulatory
Licensing Requirements
Confidentiality
Data Protection
Intellectual Property
Non-Competition
Non-Solicitation
Territory Rights
Performance Standards
Training Requirements
Record Keeping
Reporting Requirements
Insurance
Indemnification
Limitation of Liability
Sub-Agency Rights
Marketing and Promotion
Client Management
Dispute Resolution
Force Majeure
Assignment
Amendments
Notices
Governing Law
Entire Agreement
Severability
Representations and Warranties
AML/CFT Compliance
Professional Standards
Audit Rights
Financial Services
Real Estate
Insurance
Investment Banking
Commodities Trading
Securities Trading
Commercial Property
Mortgage Broking
Business Broking
International Trade
Legal
Compliance
Risk Management
Operations
Business Development
Sales
Contract Administration
Regulatory Affairs
Finance
Executive Leadership
Broker
Agent
Compliance Officer
Legal Counsel
Risk Manager
Business Development Manager
Operations Manager
Contract Administrator
Relationship Manager
Chief Executive Officer
Managing Director
Sales Director
Regulatory Affairs Manager
Finance Manager
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