tiktok³ÉÈË°æ

The Exclusive Brokerage Contract is a crucial document in New Zealand real estate transactions, designed to establish a legally binding exclusive relationship between property owners and real estate brokers. This agreement is particularly important when property owners seek dedicated professional representation for selling or leasing their property. The document complies with New Zealand's Real Estate Agents Act 2008 and related regulations, incorporating mandatory disclosures and specific terms required by local law. It outlines the broker's exclusive rights, commission structures, marketing commitments, and service obligations, while also defining the property owner's responsibilities. This type of agreement is commonly used in both residential and commercial property transactions where sellers want focused, committed representation from a single brokerage firm.

1. Parties: Identification of the property owner/seller and the real estate brokerage firm, including full legal names and contact details

2. Background: Context of the agreement, including brief description of the property and the owner's intention to sell/lease

3. Definitions: Key terms used throughout the agreement, including 'Exclusive Period', 'Property', 'Commission', and 'Qualifying Transaction'

4. Appointment and Scope: Formal appointment of the broker as exclusive agent and detailed scope of services to be provided

5. Term and Exclusivity: Duration of the exclusive arrangement and terms of exclusivity

6. Broker's Obligations: Detailed listing of broker's duties, marketing commitments, and service standards

7. Owner's Obligations: Owner's commitments, including providing accurate information and maintaining the property

8. Commission Structure: Detailed breakdown of commission rates, payment terms, and circumstances triggering commission

9. Marketing and Advertising: Specific marketing strategies, advertising commitments, and cost allocations

10. Termination: Grounds for termination, notice requirements, and post-termination obligations

11. Liability and Indemnity: Limitations of liability and mutual indemnification provisions

12. General Provisions: Standard contract clauses including governing law, notices, and entire agreement