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The Exclusive Sale And Listing Agreement is a fundamental document in Australian real estate transactions, used when a property owner wishes to engage a single real estate agent with exclusive rights to market and sell their property. This document becomes necessary when entering into a professional relationship with a real estate agent who will be the sole representative for the property sale. It includes crucial details such as the property description, agency period, commission structure, marketing strategy, and both parties' obligations. The agreement must comply with Australian federal and state-specific real estate legislation, including the Property and Stock Agents Act 2002 and Australian Consumer Law. It provides protection for both the property owner and the agent by clearly defining the terms of their business relationship and the scope of the agent's authority.

1. Parties: Identifies the property owner(s) ('the Principal') and the licensed real estate agent ('the Agent')

2. Background: Establishes the context of the agreement, including property owner's intention to sell and agent's qualification to act

3. Definitions: Defines key terms used throughout the agreement including 'Exclusive Agency Period', 'Property', 'Commission', and 'Sale Price'

4. Appointment and Authority: Establishes the exclusive appointment of the agent and the scope of authority granted

5. Property Details: Comprehensive description of the property being listed for sale, including title details and inclusions/exclusions

6. Agency Period: Specifies the duration of the exclusive agency period and conditions for extension or termination

7. Agent's Obligations: Details the services to be provided by the agent, including marketing, inspections, and reporting requirements

8. Principal's Obligations: Outlines the property owner's responsibilities, including providing access and accurate information

9. Commission and Fees: Specifies the commission structure, amount, and circumstances when commission becomes payable

10. Marketing and Advertising: Details the agreed marketing strategy, costs, and approval processes

11. Price: States the agreed listing price or price range and mechanisms for price adjustments

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

13. Disputes Resolution: Outlines the process for resolving disputes between parties

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