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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."
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
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
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
Agency Period
Agent
Appraisal
Asking Price
Business Day
Client
Commission
Confidential Information
Deposit
Exclusive Agency
GST
Listing Date
Marketing Expenses
Net Sale Price
Offer
Property
Property Information
Purchase Price
Purchaser
Real Estate Authority
Sale and Purchase Agreement
Settlement Date
Solicitor
Title
Transaction
Vendor
Working Day
Exclusivity
Duration
Commission
Payment Terms
Agency Obligations
Client Obligations
Property Details
Marketing and Advertising
Confidentiality
Termination
Liability
Dispute Resolution
Force Majeure
Assignment
Notices
Entire Agreement
Variation
Severability
Governing Law
Privacy
Anti-Money Laundering
Property Access
Marketing Authorization
Commission Protection
Client Warranties
Agent Warranties
Insurance
Indemnification
Default
Real Estate
Property Development
Property Management
Legal Services
Professional Services
Construction
Property Investment
Residential Property
Commercial Property
Legal
Real Estate Sales
Property Management
Compliance
Operations
Business Development
Administration
Marketing
Client Services
Risk Management
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
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