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Split Fee Agreement

Split Fee Agreement Template for Australia

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Key Requirements PROMPT example:

Split Fee Agreement

"I need a Split Fee Agreement for a real estate agency partnership where we'll share 60% of commission with referring agents for successful property sales, including specific performance targets and marketing obligations, to commence from March 1, 2025."

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Document background
A Split Fee Agreement is essential for Australian businesses engaging in fee-sharing arrangements, particularly in real estate, professional services, and financial sectors. This document is used when two or more parties agree to share fees generated from a transaction or service, ensuring compliance with Australian regulatory requirements including the Property and Stock Agents Act, Australian Consumer Law, and state-specific legislation. The agreement establishes clear terms for fee division, payment mechanisms, and party obligations while incorporating necessary consumer protection provisions and disclosure requirements. It's particularly crucial for maintaining transparency in professional relationships and ensuring regulatory compliance in fee-sharing arrangements within the Australian jurisdiction.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including their full legal names, ABN/ACN, and registered addresses

2. Background: Explains the context of the agreement, including the nature of the transaction or service that gives rise to the fee-splitting arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Fee Structure: Details the total fee amount and how it will be split between the parties

5. Payment Terms: Specifies when and how payments will be made, including timing and method of payment

6. Obligations of the Parties: Lists the specific duties and responsibilities of each party

7. Term and Termination: Specifies the duration of the agreement and circumstances under which it can be terminated

8. Confidentiality: Establishes confidentiality obligations regarding the agreement and related information

9. Dispute Resolution: Outlines the process for resolving any disputes between the parties

10. General Provisions: Standard legal provisions including governing law, entire agreement, and amendments

Optional Sections

1. Referral Process: Include when the agreement involves ongoing referral arrangements rather than a one-time split

2. Performance Standards: Include when specific service levels or quality standards need to be maintained

3. Marketing and Branding: Include when the agreement involves shared marketing or brand usage

4. Non-Compete Provisions: Include when parties wish to restrict competitive activities

5. Insurance Requirements: Include when specific insurance coverage needs to be maintained by either party

6. GST Provisions: Include detailed GST handling when dealing with larger amounts or complex fee structures

Suggested Schedules

1. Schedule 1 - Fee Calculation Method: Detailed breakdown of how fees are calculated and split

2. Schedule 2 - Payment Procedures: Specific procedures for invoicing and payment processing

3. Schedule 3 - Service Areas: Geographic or service type limitations if applicable

4. Appendix A - Required Forms: Standard forms or templates used for fee processing

5. Appendix B - Compliance Checklist: Regulatory compliance requirements and checkpoints

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions


































Clauses





























Relevant Industries

Real Estate

Property Management

Financial Services

Professional Services

Insurance

Business Brokerage

Mortgage Broking

Commercial Property

Residential Property

Relevant Teams

Legal

Compliance

Finance

Operations

Sales

Business Development

Partnership Management

Property Management

Contract Administration

Relevant Roles

Real Estate Agent

Business Development Manager

Sales Director

Compliance Officer

Legal Counsel

Finance Manager

Managing Director

Partnership Manager

Business Broker

Property Manager

Operations Manager

Contract Administrator

Regional Manager

Branch 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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