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Agency Agreement For The Sale Of Residential Property Template for Australia

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Key Requirements PROMPT example:

Agency Agreement For The Sale Of Residential Property

"I need an Agency Agreement for the Sale of Residential Property for my beachfront property in Gold Coast, Queensland, with an exclusive agency period of 90 days starting March 1, 2025, including specific provisions for international marketing and an auction option."

Document background
The Agency Agreement For The Sale Of Residential Property is a fundamental document in Australian real estate transactions, used whenever a property owner engages a licensed real estate agent to sell their residential property. This agreement is essential for establishing the legal framework of the agency relationship and protecting both parties' interests under Australian law. It must comply with state-specific legislation and regulations governing real estate transactions, including the Property and Stock Agents Act 2002 and relevant Fair Trading regulations. The document typically includes detailed provisions about the agent's authority, commission structures, marketing plans, and service obligations. It serves as the primary reference point for the entire sales process and helps prevent potential disputes by clearly defining all terms and conditions of the agency relationship.
Suggested Sections

1. Parties: Identifies the agent (including license details) and the property owner(s)

2. Background: Brief context about the property sale and the purpose of engaging the agent

3. Definitions: Defines key terms used throughout the agreement

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

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

6. Agency Type: Specifies whether exclusive, sole, or general agency and the duration of the agreement

7. Agent's Obligations: Detailed listing of all services and duties the agent will perform

8. Owner's Obligations: Responsibilities and commitments of the property owner

9. Fees and Commissions: Comprehensive breakdown of all fees, commission structures, and payment terms

10. Marketing and Advertising: Details of proposed marketing strategy and associated costs

11. Sale Price: Agreed listing price or price range and any price variation mechanisms

12. Term and Termination: Duration of the agreement and conditions for termination

13. Disputes Resolution: Process for handling disagreements between parties

14. Governing Law: Specifies the applicable state law and jurisdiction

Optional Sections

1. Multiple Agents: Required when multiple agents are involved in the sale

2. Conjunctional Agreements: Used when allowing cooperation with other agencies

3. Additional Services: For specifying extra services like property styling or auction services

4. Special Conditions: For any unique requirements or circumstances specific to the property or sale

5. GST Provisions: Required when the property sale may have GST implications

6. Foreign Investment: Needed when the property might attract foreign buyers

7. Property Access: Special arrangements for property access and open homes

8. Vendor Disclosure: Additional disclosures required by state legislation

Suggested Schedules

1. Schedule 1 - Property Details: Detailed property description, including lot number, title references, and inclusions/exclusions

2. Schedule 2 - Fee Schedule: Detailed breakdown of all fees, commissions, and charges

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

4. Schedule 4 - Agency Services: Itemized list of all services to be provided by the agent

5. Appendix A - Required Disclosures: State-specific required disclosures and warnings

6. Appendix B - Proof of Ownership: Copy of title or other ownership documentation

7. Appendix C - Agent's License: Copy of agent's license and credentials

8. Appendix D - Marketing Material Samples: Examples or templates of proposed marketing materials

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Property Management

Residential Property

Legal Services

Property Development

Financial Services

Professional Services

Construction

Relevant Teams

Legal

Sales

Compliance

Property Management

Marketing

Business Development

Administration

Contract Management

Risk Management

Client Services

Relevant Roles

Real Estate Agent

Property Sales Consultant

Sales Director

Branch Manager

Legal Counsel

Compliance Officer

Business Development Manager

Property Marketing Manager

Sales Administrator

Contract Administrator

Principal Real Estate Agent

Licensing Manager

Real Estate Partner

Property Sales 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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