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For Sale By Owner Commission Agreement for Australia

For Sale By Owner Commission Agreement Template for Australia

A For Sale By Owner Commission Agreement is a legal document used in Australian jurisdictions that establishes the terms and conditions under which a service provider assists a property owner in selling their property privately, without full real estate agent services. The agreement details the commission structure, specific services to be provided, obligations of both parties, and payment terms. It complies with Australian property law and state-specific real estate regulations, ensuring proper protection for both the property owner and service provider while clearly defining the scope of services and commission arrangements.

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What is a For Sale By Owner Commission Agreement?

The For Sale By Owner Commission Agreement is essential when property owners in Australia choose to sell their property privately while still receiving professional assistance for specific aspects of the sale process. This document becomes necessary when owners want to maintain control of the sale while engaging professional services on a commission basis, rather than using traditional full-service real estate agency arrangements. The agreement outlines the scope of services, commission structures, and obligations of both parties, ensuring compliance with Australian property law and state-specific real estate regulations. It is particularly relevant in today's market where private sales are becoming more common, and property owners seek flexible service arrangements. The document includes crucial elements such as service provider obligations, commission calculations, payment terms, and dispute resolution procedures, all tailored to meet Australian legal requirements and market practices.

What sections should be included in a For Sale By Owner Commission Agreement?

1. Parties: Identifies and provides full details of the property owner (vendor) and the service provider/agent

2. Background: Explains the context of the agreement - that the owner wishes to sell their property and engage services for commission-based assistance

3. Definitions: Defines key terms used throughout the agreement including 'Property', 'Services', 'Commission', 'Sale Price', etc.

4. Appointment and Authority: Establishes the non-exclusive appointment of the service provider and scope of authority

5. Services to be Provided: Details the specific services the provider will deliver to assist in the private sale

6. Commission Structure: Specifies the commission rate, calculation method, and conditions for commission becoming payable

7. Payment Terms: Outlines when and how commission payments will be made, including any deposit requirements

8. Owner's Obligations: Lists the property owner's responsibilities and commitments during the sale process

9. Provider's Obligations: Details the service provider's duties, responsibilities, and service standards

10. Term and Termination: Specifies the agreement duration and conditions for termination by either party

11. Dispute Resolution: Establishes the process for resolving any disputes between the parties

12. General Provisions: Contains standard legal clauses including governing law, entire agreement, and amendments

What sections are optional to include in a For Sale By Owner Commission Agreement?

1. Marketing Services: Include when the service provider will assist with marketing and advertising the property

2. Additional Services: Used when extra services beyond the standard package are being offered for additional fees

3. Performance Guarantees: Include when specific performance standards or guarantees are being provided

4. Multiple Properties: Required when the agreement covers more than one property

5. Referral Services: Include when the agreement includes referral arrangements to other professionals

6. Exclusivity Period: Used when there's a specific period of exclusivity for certain services

7. International Buyers: Include when services specifically target international buyers with special requirements

What schedules should be included in a For Sale By Owner Commission Agreement?

1. Schedule 1 - Property Details: Detailed description of the property including address, title details, and inclusions/exclusions

2. Schedule 2 - Commission Rate Schedule: Detailed breakdown of commission rates, including any sliding scales or bonus structures

3. Schedule 3 - Service Package Details: Comprehensive list of services included in the agreement

4. Schedule 4 - Marketing Plan: If applicable, detailed marketing strategy and associated costs

5. Appendix A - Required Forms: Standard forms required by state/territory legislation for property sales

6. Appendix B - Fee Schedule: Detailed breakdown of any additional fees or charges beyond the commission

Authors

Alex Denne

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

Jurisdiction

Australia

Publisher

tiktok˰

Cost

Free to use
Relevant legal definitions



































Clauses






























Relevant Industries

Real Estate

Property Services

Legal Services

Financial Services

Professional Services

Construction

Property Development

Relevant Teams

Legal

Real Estate

Sales

Compliance

Finance

Operations

Business Development

Contract Administration

Property Management

Risk Management

Relevant Roles

Real Estate Agent

Property Consultant

Sales Manager

Legal Counsel

Contract Administrator

Property Manager

Business Development Manager

Compliance Officer

Real Estate Broker

Property Sales Consultant

Transaction Coordinator

Commission 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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