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Real Estate Broker Agreement Template for New Zealand

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Key Requirements PROMPT example:

Real Estate Broker Agreement

"I need a Real Estate Broker Agreement for multiple high-end residential properties in Auckland, New Zealand, with provisions for international marketing and a tiered commission structure based on achieving prices above market valuations."

Document background
This Real Estate Broker Agreement is essential for establishing a formal agency relationship between property owners and real estate professionals in New Zealand. It is typically used when a property owner wishes to engage a licensed real estate broker or agency to sell their property. The document complies with the Real Estate Agents Act 2008 and related regulations, incorporating mandatory provisions required by New Zealand law. It covers crucial aspects such as the broker's authority, commission structure, marketing strategies, and both parties' obligations. The agreement is designed to protect both the property owner's and broker's interests while ensuring transparency in the property sale process. It includes specific provisions for marketing, property information disclosure, commission calculations, and termination conditions, making it a fundamental document for any professional real estate transaction in New Zealand.
Suggested Sections

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

2. Background: Context of the agreement, including brief description of the property and the parties' intention to enter into a real estate agency relationship

3. Definitions: Key terms used throughout the agreement, including technical and legal terminology

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

5. Term of Agreement: Duration of the agency relationship, including start date and end date or conditions for termination

6. Broker's Services and Obligations: Detailed description of services to be provided by the broker, including marketing, showings, and negotiation responsibilities

7. Client's Obligations: Property owner's responsibilities, including providing accurate information and maintaining the property

8. Commission and Fees: Detailed breakdown of commission structure, payment terms, and any additional fees

9. Marketing and Advertising: Specifics about marketing strategy, advertising methods, and associated costs

10. Property Information: Details about the property, including address, title information, and disclosure requirements

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

12. Confidentiality: Obligations regarding confidential information and privacy requirements

13. Dispute Resolution: Process for handling disagreements between parties

14. General Provisions: Standard legal clauses including governing law, entire agreement, and amendments

Optional Sections

1. International Marketing: Additional provisions for marketing to international buyers, including overseas advertising and foreign language materials

2. Multiple Properties: Specific terms for handling multiple properties under the same agreement

3. Auction Terms: Special provisions if the property is to be sold by auction

4. Property Management: Additional terms if the broker will provide property management services before sale

5. Special Conditions: Any unique requirements or conditions specific to the property or circumstances

6. Digital Marketing Services: Specific provisions for enhanced digital marketing services and online platforms

7. Photography and Staging: Terms relating to professional photography, virtual tours, and home staging services

Suggested Schedules

1. Schedule 1: Property Details: Comprehensive description of the property, including legal description, improvements, and known issues

2. Schedule 2: Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms

3. Schedule 3: Marketing Plan: Detailed marketing strategy and budget allocation

4. Schedule 4: Disclosure Statement: Required disclosures under the Real Estate Agents Act 2008

5. Appendix A: Property Photos and Floor Plans: Current photographs and floor plans of the property

6. Appendix B: Title Documents: Copies of relevant title documents and certificates

7. Appendix C: Agency Authority Form: Standard form required under New Zealand real estate regulations

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

Professional Services

Property Management

Commercial Property

Residential Property

Legal Services

Property Investment

Relevant Teams

Legal

Compliance

Real Estate Sales

Property Management

Operations

Business Development

Contract Administration

Risk Management

Marketing

Finance

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Broker

Agency Director

Sales Manager

Legal Counsel

Compliance Officer

Contract Administrator

Business Development Manager

Property Sales Consultant

Regional Sales Director

Transaction Coordinator

Real Estate Operations 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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