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1. Parties: Identifies and provides full details of the property seller (client) and the real estate broker/agency
2. Background: Establishes the context of the agreement, including the seller's intention to sell the property and the broker's qualifications
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Appointment and Scope: Details the exclusive appointment of the broker and outlines the specific services to be provided
5. Property Details: Specific information about the property being sold, including its full legal description
6. Term of Agreement: Specifies the duration of the exclusive agreement, including start and end dates
7. Commission and Fees: Details the broker's commission structure, additional fees, and payment terms
8. Broker's Obligations: Lists all duties and responsibilities of the broker in marketing and selling the property
9. Seller's Obligations: Outlines the seller's responsibilities and commitments during the agreement period
10. Marketing and Advertising: Specifies the agreed marketing strategy and advertising arrangements
11. Price and Sale Terms: States the agreed listing price range and acceptable terms of sale
12. Termination: Conditions under which the agreement can be terminated by either party
13. Dispute Resolution: Procedures for handling disputes between the parties
14. General Provisions: Standard legal clauses including governing law, notices, and entire agreement provisions
1. Protection Period: Defines a period after agreement termination during which the broker may still be entitled to commission; include when standard in the jurisdiction
2. Multiple Listing Service: Terms for listing the property on MLS platforms; include when MLS services will be used
3. Virtual Tours and Digital Marketing: Specific provisions for digital marketing services; include when offering advanced digital marketing
4. International Marketing: Additional terms for marketing to international buyers; include when targeting overseas markets
5. Auction Provisions: Specific terms if the property may be sold by auction; include when auction is a potential sale method
6. Property Management: Terms for managing the property until sale; include when property management services are needed
7. GST Provisions: Detailed GST handling terms; include when the transaction may have GST implications
1. Schedule 1 - Property Details: Detailed description of the property, including title details, fixtures, and fittings
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, circumstances, and calculation methods
3. Schedule 3 - Marketing Plan: Comprehensive marketing strategy and budget allocation
4. Schedule 4 - Agency Services: Detailed list of all services to be provided by the broker
5. Appendix A - Property Photos and Floor Plans: Current photographs and floor plans of the property
6. Appendix B - Disclosure Statement: Required disclosures under relevant state real estate legislation
7. Appendix C - Market Analysis: Comparative market analysis and proposed pricing strategy
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