The Real Estate Agent Rental Agreement is essential for establishing a professional property management relationship in Australia. This agreement is typically used when a property owner wishes to engage a licensed real estate agency to manage their rental property, whether residential or commercial. The document comprehensively covers all aspects of the property management relationship, including authority levels, service scope, fee structures, maintenance procedures, and compliance requirements. It ensures alignment with Australian property law, including state-specific legislation and regulations such as the Property and Stock Agents Act 2002, Residential Tenancies Act, and relevant consumer protection laws. The agreement serves as both a legal safeguard and an operational framework for the ongoing management of rental properties.
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1. Parties: Identifies and provides full details of the property owner(s) and the real estate agent/agency
2. Background: Explains the context of the agreement, including property details and the owner's intention to appoint the agent
3. Definitions: Defines key terms used throughout the agreement
4. Appointment and Authority: Formal appointment of the agent and scope of authority granted
5. Term of Agreement: Duration of the agreement, including start date and termination provisions
6. Agent's Services: Comprehensive list of services to be provided by the agent
7. Agent's Obligations: Detailed responsibilities and duties of the agent
8. Owner's Obligations: Responsibilities and duties of the property owner
9. Fees and Commissions: Detailed breakdown of all fees, commissions, and charges
10. Trust Account Management: Provisions for handling rental income and security deposits
11. Insurance and Liability: Insurance requirements and liability limitations
12. Termination: Conditions and procedures for terminating the agreement
13. Dispute Resolution: Process for handling disputes between parties
14. Governing Law: Specifies applicable Australian state/territory law
15. Execution: Signing provisions and execution requirements
1. Property Management Software: Details of specific software platforms used for property management, when the agency requires use of particular systems
2. Marketing Services: Specific marketing and advertising provisions, when additional marketing services are offered
3. Maintenance Services: Details of maintenance handling and contractor relationships, when the agent offers comprehensive maintenance management
4. Foreign Investment Provisions: Additional requirements for foreign property owners, when applicable
5. Multiple Property Management: Additional terms for managing multiple properties, when owner has multiple properties
6. Holiday Letting Provisions: Specific terms for holiday rental properties, when property is used for short-term rentals
7. Body Corporate Management: Additional terms for properties in strata schemes, when applicable
1. Schedule A - Property Details: Comprehensive details of the managed property/properties
2. Schedule B - Fee Schedule: Detailed breakdown of all fees, charges, and commission structures
3. Schedule C - Services Schedule: Itemized list of included and excluded services
4. Schedule D - Maintenance Authority Limits: Spending authorities and approval requirements for maintenance
5. Schedule E - Marketing Schedule: Details of marketing activities and associated costs
6. Appendix 1 - Required Insurance Certificates: Copies of required insurance documentation
7. Appendix 2 - Agency License Information: Agent's license and registration details
8. Appendix 3 - Property Condition Report: Initial condition report of the property
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Management
Residential Property
Commercial Property
Property Investment
Property Services
Professional Services
Asset Management
Relevant Teams
Legal
Property Management
Operations
Business Development
Compliance
Finance
Asset Management
Maintenance
Client Services
Administration
Relevant Roles
Property Manager
Real Estate Agent
Agency Principal
Business Development Manager
Leasing Consultant
Asset Manager
Property Management Director
Operations Manager
Compliance Officer
Trust Account Manager
Maintenance Coordinator
Portfolio Manager
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