Broker Seller Agreement Template for New Zealand

The Broker Seller Agreement serves as a crucial legal document in New Zealand's commercial landscape, establishing the framework for professional brokerage services across various sectors. This agreement is essential when a seller wishes to engage a broker's services for selling assets, properties, or securities, ensuring compliance with New Zealand's regulatory requirements including the Real Estate Agents Act 2008 and Financial Markets Conduct Act 2013. The document typically includes detailed provisions on commission structures, service scope, exclusivity arrangements, and obligations of both parties. It's particularly important in protecting both the broker's and seller's interests while maintaining transparency and legal compliance in the transaction process.

1. Parties: Identification of the broker and seller with full legal names and addresses

2. Background: Context of the agreement, nature of the seller's business, and broker's services

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

4. Appointment and Scope: Terms of broker's appointment and detailed scope of services to be provided

5. Term: Duration of the agreement, including start date and any renewal provisions

6. Broker's Obligations: Detailed responsibilities of the broker, including marketing, communication, and compliance duties

7. Seller's Obligations: Seller's responsibilities, including providing accurate information and cooperation

8. Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms

9. Payment Terms: Timing and method of commission payments, including handling of deposits

10. Confidentiality: Protection of confidential information exchanged during the relationship

11. Compliance: Obligations to comply with relevant laws and regulations

12. Termination: Grounds for termination, notice requirements, and consequences

13. Dispute Resolution: Process for handling disputes, including mediation and jurisdiction

14. General Provisions: Standard clauses including notices, assignment, and entire agreement