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Listing Agreement for Australia

Listing Agreement Template for Australia

A Listing Agreement is a legally binding contract used in the Australian real estate market that establishes the formal relationship between a property owner/seller and a real estate agency. The document outlines the terms and conditions under which the agent will market and sell the property, including the scope of services, commission structure, marketing strategy, and duration of the agreement. Governed by Australian property and consumer law, particularly the Property and Stock Agents Act 2002 and the Australian Consumer Law, this agreement provides essential protections for both parties and ensures compliance with state-specific real estate regulations.

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What is a Listing Agreement?

The Listing Agreement serves as the foundational document in Australian real estate transactions, establishing the professional relationship between property owners and real estate agents. This agreement is essential when a property owner wishes to engage a real estate agency to market and sell their property in the Australian market. The document comprehensively details the agent's authority, responsibilities, commission structure, and marketing strategy, while ensuring compliance with Australian real estate regulations, including the Property and Stock Agents Act 2002 and relevant consumer protection laws. A properly structured Listing Agreement protects both parties' interests and sets clear expectations for the property sale process, including specific performance metrics, marketing commitments, and financial terms. It is particularly important in Australian jurisdictions where real estate practices and requirements can vary by state or territory.

What sections should be included in a Listing Agreement?

1. Parties: Identification of the Property Owner/Seller and the Real Estate Agent, including full legal names, addresses, and relevant license numbers

2. Background: Context of the agreement, including brief property description and intention to appoint agent

3. Definitions: Key terms used throughout the agreement defined for clarity

4. Appointment and Authority: Formal appointment of the agent and scope of authority granted

5. Property Details: Comprehensive description of the property being listed, including address and title details

6. Agent's Services and Obligations: Detailed description of services to be provided by the agent

7. Listing Price and Commission: Agreed listing price range and commission structure

8. Marketing and Advertising: Agreement on marketing strategy, costs, and responsibilities

9. Term and Termination: Duration of the agreement, renewal terms, and termination conditions

10. Owner's Obligations: Property owner's responsibilities and commitments

11. Costs and Expenses: Breakdown of costs, who bears them, and payment terms

12. Compliance and Warranties: Compliance with relevant laws and warranties from both parties

13. Liability and Indemnity: Limitation of liability and indemnification provisions

14. Dispute Resolution: Process for handling disputes between parties

15. General Provisions: Standard contractual provisions including notices, governing law, and entire agreement

What sections are optional to include in a Listing Agreement?

1. Multiple Properties: Additional provisions when listing multiple properties under one agreement

2. Special Marketing Provisions: For high-end properties requiring unique marketing approaches

3. International Marketing: Specific provisions for marketing to international buyers

4. Auction Provisions: When the property is to be sold by auction

5. Property Management: If temporary property management services are included before sale

6. Staging Services: When property staging is included in the agreement

7. Co-Agency Arrangements: Terms for cooperation with other agents

8. Virtual Tours and Technology: Specific provisions for digital marketing and virtual showing services

What schedules should be included in a Listing Agreement?

1. Schedule A - Property Details: Detailed property description, including lot number, title references, and included fixtures

2. Schedule B - Commission Structure: Detailed breakdown of commission calculations and payment terms

3. Schedule C - Marketing Plan: Comprehensive marketing strategy and budget

4. Schedule D - Advertising Schedule: Planned advertising activities and associated costs

5. Schedule E - Property Disclosure Statement: Owner's disclosure of property condition and known issues

6. Schedule F - Photography and Media Release: Terms for use of property photographs and media

7. Appendix 1 - Required Agency Disclosure Forms: Mandatory disclosure forms required by Australian real estate regulations

8. Appendix 2 - Property Documentation: Copies of relevant property certificates and documentation

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˰

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions




































Clauses






























Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Retail Property

Industrial Property

Agriculture (for rural properties)

Hospitality (for hotel/resort properties)

Mixed-Use Development

Professional Services

Relevant Teams

Legal

Real Estate

Sales

Compliance

Marketing

Operations

Business Development

Property Management

Contract Administration

Risk Management

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Broker

Sales Director

Legal Counsel

Compliance Officer

Marketing Manager

Business Development Manager

Agency Principal

Property Consultant

Contracts Administrator

Real Estate Partner

Transaction Coordinator

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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