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Real Estate Agent Agreement Template for New Zealand

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Key Requirements PROMPT example:

Real Estate Agent Agreement

"I need a Real Estate Agent Agreement for an exclusive agency arrangement to sell my residential property in Auckland, with a three-month term starting March 1, 2025, including specific provisions for social media marketing."

Document background
The Real Estate Agent Agreement is a crucial document in New Zealand's property market, required whenever a property owner engages a licensed real estate agent or agency to sell their property. This agreement, governed by the Real Estate Agents Act 2008 and related regulations, establishes the legal framework for the agency relationship, outlining rights, responsibilities, and commercial terms. It includes essential elements such as the type of agency (sole, general, or exclusive), commission structures, marketing plans, and property details. The document ensures compliance with New Zealand's strict real estate industry regulations, including anti-money laundering requirements, professional conduct rules, and consumer protection measures. It serves as both a legal safeguard and a practical roadmap for the property sale process.
Suggested Sections

1. Parties: Identification of the agent/agency and the client(s), including full legal names and contact details

2. Background: Context of the agreement, including property details and the client's intention to sell/lease the property

3. Definitions: Key terms used throughout the agreement, ensuring clear interpretation

4. Appointment and Agency Type: Specification of agency type (sole, general, or exclusive) and duration of appointment

5. Agent's Obligations: Detailed listing of the agent's duties, responsibilities, and services to be provided

6. Client's Obligations: Client's responsibilities, including providing accurate information and reasonable access to the property

7. Commission and Fees: Structure and timing of commission payments, including calculation method and triggering events

8. Marketing and Advertising: Agreed marketing strategy, advertising platforms, and associated costs

9. Property Information: Details of the property and any material facts that must be disclosed

10. Termination: Conditions and process for ending the agreement by either party

11. Confidentiality: Obligations regarding confidential information and privacy requirements

12. Dispute Resolution: Process for handling disagreements and complaints

13. Execution: Signing section with date and witness requirements

Optional Sections

1. Multiple Properties: Required when the agreement covers more than one property

2. Overseas Investment: Required when the property may attract overseas buyers and additional compliance requirements

3. Auction Terms: Required when the property will be marketed for sale by auction

4. Tenant Rights: Required when the property is currently tenanted

5. Body Corporate: Required for properties subject to body corporate rules

6. Special Conditions: For any unique requirements or circumstances specific to the property or client

7. Property Management: Required if the agent will also provide property management services

8. Conflict of Interest: Required when there are potential conflicts to disclose

Suggested Schedules

1. Schedule 1: Property Details: Comprehensive description of the property, including title details and improvements

2. Schedule 2: Commission Structure: Detailed breakdown of commission rates, calculations, and examples

3. Schedule 3: Marketing Schedule: Specific marketing activities, timeline, and associated costs

4. Schedule 4: Property Disclosure: List of known defects, issues, or material facts about the property

5. Appendix A: Required Disclosure Documents: Copies of title, LIM report, and other required property documents

6. Appendix B: Marketing Materials: Examples or templates of proposed marketing materials

7. Appendix C: Agency Guide: New Zealand Real Estate Authority approved guide for clients

8. Appendix D: Proof of Identity: AML documentation and identity verification records

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 Development

Property Management

Construction

Legal Services

Financial Services

Property Investment

Commercial Property

Residential Property

Relevant Teams

Legal

Compliance

Sales

Marketing

Business Development

Operations

Administration

Property Management

Contract Management

Risk Management

Relevant Roles

Real Estate Agent

Branch Manager

Sales Manager

Property Manager

Legal Counsel

Compliance Officer

Business Development Manager

Marketing Manager

General Manager

Managing Director

Contract Administrator

Property Consultant

Sales Director

Agency Principal

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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