Exclusive Agreement (Real Estate) Template for New Zealand

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Key Requirements PROMPT example:

Exclusive Agreement (Real Estate)

"I need an Exclusive Agreement (Real Estate) for a luxury beachfront property in Auckland, with a 6-month exclusivity period starting March 1, 2025, including specific clauses for international marketing and overseas buyer requirements."

Document background
The Exclusive Agreement (Real Estate) is a crucial document in New Zealand's property market that formalizes the relationship between property owners and real estate agencies. This agreement is typically used when a property owner wishes to grant sole selling rights to a specific real estate agency, ensuring focused and dedicated service. The document comprehensively covers all aspects of the agency relationship, including marketing strategies, commission structures, duration of exclusivity, and specific obligations of both parties. It is designed to comply with New Zealand's Real Estate Agents Act 2008 and associated regulations, providing legal protection and clarity for all parties involved. The agreement is particularly important as it gives the appointed agency exclusive rights to sell the property during the specified period, preventing multiple agencies from marketing the same property and ensuring a coordinated sales approach.
Suggested Sections

1. Parties: Identification of the property owner(s) ('the Client') and the licensed real estate agency ('the Agent')

2. Background: Context of the agreement, including property details and the client's intention to sell

3. Definitions: Key terms used throughout the agreement, including 'Exclusive Agency', 'Property', 'Listing Price', and 'Commission'

4. Appointment and Scope: Formal appointment of the agent as exclusive agent and scope of authority

5. Duration of Agreement: Specific term of the exclusive agency, including start and end dates

6. Agent's Obligations: Detailed responsibilities of the agent, including marketing, showing property, and reporting

7. Client's Obligations: Client's responsibilities, including providing accurate information and property access

8. Commission Structure: Detailed breakdown of commission rates, when payable, and calculation method

9. Marketing and Advertising: Agreed marketing plan, costs, and responsibilities for property promotion

10. Property Information: Details about the property, including address, title details, and known issues

11. Termination: Conditions under which the agreement can be terminated by either party

12. Confidentiality: Obligations regarding confidential information handling

13. Execution: Signing section including date and witness requirements

Optional Sections

1. Multiple Properties: Used when the exclusive agreement covers more than one property

2. Special Conditions: For any unique requirements or conditions specific to the property or circumstances

3. Overseas Investment: Required when the property might attract overseas buyers requiring OIO approval

4. Tenant Rights: Included when the property is tenanted during the selling period

5. Body Corporate: Required for apartments or units under body corporate management

6. Commission Sharing: Used when multiple agencies may be involved in the sale

7. Digital Marketing Options: Specific details about online marketing packages and social media promotion

Suggested Schedules

1. Schedule 1: Property Details: Comprehensive property information including legal description, improvements, and chattels

2. Schedule 2: Commission Structure: Detailed breakdown of commission rates, tiers, and calculation examples

3. Schedule 3: Marketing Plan: Specific marketing activities, timeline, and associated costs

4. Schedule 4: Property Disclosure: Known issues, defects, or material facts about the property

5. Appendix A: Agency Authorization Form: Required form under NZ real estate regulations

6. Appendix B: Property Information Checklist: Checklist of all required property documentation

7. Appendix C: Marketing Materials Approval Form: Client approval form for marketing content and materials

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Real Estate

Property Development

Property Management

Legal Services

Professional Services

Construction

Property Investment

Residential Property

Commercial Property

Relevant Teams

Legal

Real Estate Sales

Property Management

Compliance

Operations

Business Development

Administration

Marketing

Client Services

Risk Management

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Branch Manager

Real Estate Agency Director

Property Lawyer

Conveyancing Specialist

Real Estate Sales Manager

Compliance Officer

Legal Counsel

Real Estate Administrator

Business Development Manager

Property Consultant

Sales Director

Operations Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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