The Sole Agency Contract is a crucial document in Australian real estate transactions, used when a property owner wishes to grant exclusive selling rights to a single real estate agency. This type of agreement is particularly important in both residential and commercial property markets across Australia, where clear definition of agency relationships is required by law. The contract typically specifies the exclusive agency period, commission structures, marketing commitments, and detailed obligations of both parties. It includes provisions that comply with state-specific real estate legislation, the Australian Consumer Law, and relevant property laws. The Sole Agency Contract helps prevent disputes by clearly outlining the terms of engagement and protecting both the agent's right to commission and the owner's interests in the property sale process.
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1. Parties: Identification of the Principal (property owner) and the Agent, including full legal names, addresses, and relevant license details
2. Background: Context of the agreement, including property details and the intention to appoint an exclusive agent
3. Definitions: Key terms used throughout the agreement, including 'Exclusive Agency Period', 'Property', 'Commission', and 'Marketing Expenses'
4. Appointment and Authority: Formal appointment of the agent as exclusive agent and scope of authority granted
5. Duration: Term of the sole agency agreement, including start and end dates
6. Agent's Obligations: Detailed listing of agent's duties, responsibilities, and service commitments
7. Principal's Obligations: Property owner's responsibilities and commitments during the agency period
8. Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
9. Marketing and Advertising: Agreement on marketing strategy, costs, and responsibilities
10. Termination: Conditions and process for ending the agreement
11. Dispute Resolution: Process for handling disagreements between parties
12. Governing Law: Specification of applicable state/territory law and jurisdiction
13. Execution: Signing section with appropriate witnessing provisions
1. Multiple Properties: Additional terms for cases where the agent is appointed for multiple properties
2. Special Conditions: Any unique terms specific to this agency relationship
3. Online Marketing Provisions: Specific terms for digital marketing campaigns and online listings
4. Conjunctional Agency Arrangements: Terms for working with other agents while maintaining sole agency status
5. Property Management Services: Additional terms if the agent will also provide property management services
6. International Marketing: Specific provisions for marketing to international buyers
7. Auction Terms: Additional terms if the property may be sold by auction
1. Schedule 1 - Property Details: Detailed description of the property, including title details, inclusions, and exclusions
2. Schedule 2 - Commission Schedule: Detailed breakdown of commission structures, including different scenarios and calculation methods
3. Schedule 3 - Marketing Plan: Comprehensive marketing strategy and budget breakdown
4. Schedule 4 - Agency Services: Detailed list of services to be provided by the agent
5. Appendix A - Required Disclosures: Statutory disclosures required by state/territory legislation
6. Appendix B - Fee Schedule: Breakdown of all potential fees and charges
7. Appendix C - Proof of Agency License: Copy of agent's current license and credentials
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Commercial Property
Residential Property
Retail Property
Industrial Property
Property Management
Professional Services
Legal Services
Relevant Teams
Legal
Real Estate Sales
Commercial Property
Residential Property
Compliance
Business Development
Contract Administration
Property Management
Operations
Relevant Roles
Real Estate Agent
Property Manager
Sales Director
Business Development Manager
Commercial Property Agent
Residential Sales Agent
Legal Counsel
Compliance Officer
Contract Administrator
Property Consultant
Agency Principal
Licensed Estate Agent
Real Estate Branch Manager
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