Real Estate Sellers Agreement Template for New Zealand

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Key Requirements PROMPT example:

Real Estate Sellers Agreement

"I need a Real Estate Sellers Agreement for my Auckland commercial property, with exclusive agency terms and specific provisions for staged marketing of the retail spaces from March 2025."

Document background
The Real Estate Sellers Agreement is a crucial document in New Zealand's property market, used when a property owner wishes to engage a licensed real estate agent or agency to sell their property. This agreement, governed by New Zealand law including the Real Estate Agents Act 2008, establishes the legal relationship between the seller and agent, defining the scope of services, commission structure, and respective obligations. It's essential for both residential and commercial property sales, protecting both parties' interests while ensuring compliance with local regulations. The document typically includes detailed provisions about the property, marketing strategy, agency type (sole, general, or exclusive), commission terms, and dispute resolution procedures. It serves as the foundational document for the professional relationship throughout the property sale process.
Suggested Sections

1. Parties: Identifies the property owner (seller) and the licensed real estate agent or agency, including full legal names and contact details

2. Background: Outlines the context of the agreement, including the seller's intention to sell the property and engage the agent's services

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Property Details: Comprehensive description of the property being sold, including legal description, title details, and physical address

5. Appointment and Authority: Formal appointment of the agent and scope of authority granted by the seller

6. Agency Type: Specifies whether the appointment is sole, general, or exclusive agency

7. Term of Agreement: Duration of the agency agreement, including start and end dates

8. Agent's Obligations: Detailed listing of the agent's duties, responsibilities, and services to be provided

9. Seller's Obligations: Seller's responsibilities and commitments during the listing period

10. Commission Structure: Details of agent's commission, including rate, calculation method, and payment terms

11. Marketing and Advertising: Agreed marketing strategy, advertising plan, and associated costs

12. Price and Listing Details: Agreed listing price or price range and any specific selling conditions

13. Termination: Conditions and process for terminating the agreement

14. Dispute Resolution: Process for handling disputes between parties

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

Optional Sections

1. Additional Services: Details any extra services offered by the agent beyond standard selling services, used when premium or specialized services are included

2. Overseas Investment Provisions: Special provisions for handling potential overseas buyers, included when the property might attract foreign investors

3. Multi-Unit Properties: Additional terms for selling multiple units or apartments, used for multi-unit properties

4. Staged Release: Terms for staged marketing or release of property components, used for development properties

5. Property Management Handover: Terms for managing tenant transition, used when property is currently tenanted

6. Special Conditions: Any unique terms specific to the property or circumstances of sale

7. GST Provisions: Special GST considerations, used when the property sale may have GST implications

Suggested Schedules

1. Schedule 1: Property Details: Detailed property information including certificates of title, easements, and encumbrances

2. Schedule 2: Marketing Plan: Comprehensive marketing strategy and budget breakdown

3. Schedule 3: Commission Schedule: Detailed breakdown of commission structures and calculations

4. Schedule 4: Property Condition Report: Current condition of the property including photographs and notable features

5. Appendix A: Required Disclosures: Mandatory disclosures under New Zealand law

6. Appendix B: Property Documents: Copies of relevant property documents including LIM report, plans, and permits

7. Appendix C: Agency Information: Agent's credentials, license details, and agency policies

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 legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Legal Services

Property Management

Commercial Property

Residential Property

Property Investment

Professional Services

Construction

Banking and Finance

Relevant Teams

Legal

Real Estate Sales

Compliance

Property Management

Business Development

Contract Administration

Property Services

Risk Management

Document Control

Client Relations

Relevant Roles

Real Estate Agent

Property Lawyer

Conveyancing Lawyer

Real Estate Branch Manager

Property Developer

Legal Counsel

Compliance Officer

Real Estate Sales Manager

Property Sales Consultant

Business Development Manager

Property Portfolio Manager

Agency Principal

Contract Administrator

Property Transactions 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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