The Real Estate Agent Agreement Contract is a fundamental document in Australian property transactions, essential for establishing a legally binding relationship between property owners and real estate agents. This agreement is required whenever a property owner engages a licensed real estate agent to sell, lease, or manage their property in Australia. It must comply with federal and state-specific legislation, including the Property and Stock Agents Act 2002 and Australian Consumer Law. The document covers crucial aspects such as agent authorization, commission structures, service scope, marketing strategies, and mutual obligations. It's designed to protect both parties' interests while ensuring transparency and compliance with Australian real estate practices and regulations. The agreement can be customized for different property types and service levels, from basic sales arrangements to comprehensive property management services.
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1. Parties: Identifies and provides full details of the Agent and the Property Owner/Client
2. Background: Outlines the context of the agreement and the property owner's intention to engage the agent
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Appointment and Authority: Specifies the nature of appointment (exclusive/non-exclusive) and scope of agent's authority
5. Term of Agreement: Defines the duration of the agreement, including start date and end date
6. Agent's Services: Details the specific services to be provided by the agent
7. Agent's Obligations: Lists the agent's responsibilities and duties under the agreement
8. Client's Obligations: Outlines the property owner's responsibilities and commitments
9. Fees and Commissions: Details the agent's compensation structure, including commission rates and payment terms
10. Marketing and Advertising: Specifies marketing strategies, costs, and responsibilities
11. Trust Account: Details handling of client funds and trust account arrangements
12. Termination: Outlines conditions and process for terminating the agreement
13. Dispute Resolution: Describes the process for resolving disputes between parties
14. General Provisions: Includes standard legal clauses such as governing law, notices, and entire agreement
1. Property Management Services: Additional section for agreements involving property management services rather than just sales
2. Exclusive Agency Terms: Detailed terms applicable only in exclusive agency arrangements
3. Multiple Properties: Section for managing multiple properties under the same agreement
4. Special Conditions: Any unique terms or conditions specific to the particular agreement
5. Performance Targets: Optional performance criteria and associated incentives or penalties
6. International Marketing: Specific provisions for marketing to international buyers
7. Digital Marketing Services: Detailed provisions for online and social media marketing strategies
8. Sub-agency Arrangements: Terms governing the appointment and management of sub-agents
1. Schedule 1 - Property Details: Detailed description of the property(ies) covered by the agreement
2. Schedule 2 - Fee Schedule: Comprehensive breakdown of all fees, charges, and commission structures
3. Schedule 3 - Marketing Plan: Detailed marketing strategy and budget allocation
4. Schedule 4 - Service Level Agreement: Specific performance standards and service expectations
5. Appendix A - Required Documentation: List of required documents and forms to be maintained
6. Appendix B - Compliance Checklist: Checklist ensuring compliance with relevant legislation and regulations
7. Appendix C - Agency Authority Form: Standard form required by state legislation for agency appointments
8. Appendix D - Marketing Materials: Templates and examples of approved marketing materials
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