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Buyer Tenant Representation Agreement Template for Australia

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Key Requirements PROMPT example:

Buyer Tenant Representation Agreement

"I need a Buyer Tenant Representation Agreement for a technology company expanding into Sydney, with specific provisions for multiple property searches across different suburbs and a success-fee structure that incentivizes finding properties with existing data center infrastructure by March 2025."

Document background
The Buyer Tenant Representation Agreement is a crucial document used in Australian commercial real estate transactions when a business or organization engages a professional representative to assist in finding and securing suitable leased premises. This agreement serves as the foundational document defining the professional relationship between the tenant representative and the client, outlining specific services such as property search, market analysis, lease negotiation, and advisory services. The document is designed to comply with Australian federal and state-specific real estate legislation, including relevant provisions of the Property Law Act, Real Estate and Business Agents Act, and Australian Consumer Law. It includes detailed terms regarding the scope of services, fee structures, obligations of both parties, and protection mechanisms for confidential information and conflicts of interest. The agreement is particularly important in complex commercial leasing situations where professional representation is essential for navigating the market and securing favorable lease terms.
Suggested Sections

1. Parties: Identifies and defines the tenant representative and the client, including full legal names, ABN/ACN, and registered addresses

2. Background: Explains the context of the agreement, including the client's intention to lease property and the representative's expertise

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Appointment and Authority: Establishes the formal appointment of the tenant representative and defines their authority to act on behalf of the client

5. Scope of Services: Details the specific services to be provided by the tenant representative, including property search, negotiations, and advisory services

6. Term of Agreement: Specifies the duration of the agreement and any renewal provisions

7. Fees and Expenses: Outlines the fee structure, payment terms, and reimbursable expenses

8. Representative's Obligations: Lists the specific duties and responsibilities of the tenant representative

9. Client's Obligations: Details the responsibilities and obligations of the client

10. Confidentiality: Addresses the handling of confidential information by both parties

11. Conflicts of Interest: Addresses potential conflicts and how they will be managed

12. Termination: Specifies conditions and procedures for terminating the agreement

13. Liability and Indemnification: Outlines liability limitations and indemnification obligations

14. General Provisions: Includes standard legal provisions such as governing law, notices, and assignment

Optional Sections

1. Success Fee Structure: Detailed provisions for performance-based compensation, used when including incentive-based fees

2. Multiple Property Provisions: Additional terms for representing the client in multiple property searches simultaneously

3. Interstate Services: Specific provisions for cross-state representation, used when the search extends beyond one state

4. Specialized Market Research: Additional terms for providing detailed market analysis and research services

5. Project Management Services: Terms for additional project management services during fit-out or renovation

6. Sub-Agency Provisions: Terms governing the appointment and management of sub-agents in different locations

7. Environmental Assessment: Provisions for environmental due diligence services when required

8. Dispute Resolution: Detailed alternative dispute resolution procedures, used in higher-value agreements

Suggested Schedules

1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, charges, and payment structures

2. Schedule 2 - Scope of Services: Comprehensive list of services to be provided, including any excluded services

3. Schedule 3 - Property Requirements: Client's specific requirements for the target property

4. Schedule 4 - Authorized Representatives: List of authorized representatives from both parties who can make decisions

5. Schedule 5 - Service Level Standards: Specific performance metrics and service standards

6. Appendix A - Required Documentation: List of documents required from the client

7. Appendix B - Reporting Templates: Standard templates for regular reporting and communications

8. Appendix C - Conflict Disclosure Form: Standard form for disclosing potential conflicts of interest

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


































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Relevant Industries

Retail

Commercial Office

Industrial

Healthcare

Education

Technology

Professional Services

Manufacturing

Logistics

Financial Services

Hospitality

Entertainment

Relevant Teams

Legal

Real Estate

Operations

Finance

Procurement

Facilities Management

Business Development

Risk Management

Corporate Services

Property Management

Relevant Roles

Chief Executive Officer

Chief Financial Officer

Head of Real Estate

Facilities Manager

Property Manager

Real Estate Director

Operations Manager

Legal Counsel

Procurement Manager

Business Development Manager

Regional Manager

Expansion Director

Tenant Representative

Commercial Broker

Real Estate Agent

Property Consultant

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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