Commercial Real Estate Listing Agreement Template for New Zealand

The Commercial Real Estate Listing Agreement is a crucial document used in New Zealand's commercial property market when a property owner wishes to engage a licensed real estate agent to market and sell their commercial property. This agreement serves as the foundational document that establishes the professional relationship between the property owner and the real estate agent or agency, setting out specific terms including but not limited to the scope of authority, commission structures, marketing strategies, and duration of the listing. It ensures compliance with New Zealand's Real Estate Agents Act 2008, the Fair Trading Act 1986, and other relevant legislation while providing clear guidelines for both parties throughout the property sale process. The agreement is particularly important as it protects both parties' interests and sets clear expectations for the marketing and sale process of commercial properties.

1. Parties: Identification of the Property Owner (Client) and the Licensed Real Estate Agent, including full legal names, addresses, and relevant registration numbers

2. Background: Context of the agreement, including brief property description and the parties' intention to enter into a listing agreement

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Listing Period', 'Commission', 'Qualifying Transaction'

4. Appointment and Authority: Formal appointment of the agent and scope of authority granted by the property owner

5. Property Details: Comprehensive description of the commercial property, including legal description, certificates of title, and current use

6. Agency Terms: Type of agency (exclusive or general) and duration of the listing agreement

7. Agent's Obligations: Detailed listing of agent's duties, marketing commitments, and service standards

8. Client's Obligations: Property owner's responsibilities, including providing accurate information and access to the property

9. Commission Structure: Detailed breakdown of commission rates, when payable, and calculation methods

10. Marketing and Advertising: Agreed marketing strategy, advertising plans, and associated costs

11. Health and Safety: Compliance with Health and Safety at Work Act 2015 and related obligations

12. Confidentiality: Provisions regarding confidential information and privacy requirements

13. Termination: Conditions and process for ending the agreement

14. Dispute Resolution: Process for handling disputes between parties

15. Execution: Formal signing section with date and witness requirements