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Real Estate Listing Contract for Australia

Real Estate Listing Contract Template for Australia

This document is a comprehensive Real Estate Listing Contract designed for use in the Australian property market. It establishes the legal relationship between a property owner and a real estate agency for the purpose of marketing and selling a property. The contract complies with Australian federal and state-specific real estate regulations, including the Property Stock and Business Agents Act and relevant consumer protection laws. It details the agent's authority, commission structure, marketing arrangements, and both parties' obligations throughout the listing period.

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What is a Real Estate Listing Contract?

The Real Estate Listing Contract is a fundamental document in Australian property transactions, used when a property owner wishes to engage a licensed real estate agent to sell their property. This contract type is essential for establishing the terms of the agency relationship, including whether it's an exclusive or non-exclusive arrangement, the duration of the listing, commission structures, and marketing strategies. It ensures compliance with Australian real estate regulations, consumer protection laws, and state-specific requirements. The document typically includes detailed property information, agent obligations, marketing plans, and commission structures, while incorporating mandatory cooling-off periods and disclosure requirements as per Australian law. It serves as the primary agreement governing the relationship between property owners and real estate agents throughout the sales process.

What sections should be included in a Real Estate Listing Contract?

1. Parties: Identification of the property owner(s) and the real estate agent/agency, including license numbers and contact details

2. Background: Brief context about the property listing arrangement and the intention to engage the agent's services

3. Definitions: Key terms used throughout the agreement including Property, Listing Period, Exclusive Agency, Commission, etc.

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

5. Property Details: Complete description of the property being listed, including address and title details

6. Agency Type: Specification of exclusive or non-exclusive agency arrangement and duration

7. Marketing and Advertising: Details of agreed marketing strategy, platforms, and associated costs

8. Commission Structure: Detailed breakdown of agent's commission rates and calculation method

9. Agent's Obligations: Comprehensive list of services and duties the agent will perform

10. Owner's Obligations: Property owner's responsibilities and commitments during the listing period

11. Term and Termination: Duration of the agreement and conditions for termination

12. Expenses and Reimbursements: Breakdown of costs and who is responsible for various expenses

13. Warranties and Representations: Property owner's warranties about the property and authority to sell

14. Execution: Formal signing section including necessary statutory declarations and cooling-off period notices

What sections are optional to include in a Real Estate Listing Contract?

1. Conjunctional Agreements: Terms for cooperation with other agents, used when the owner wants to allow cooperation between agencies

2. International Marketing: Specific provisions for marketing to international buyers, included when targeting overseas markets

3. Auction Provisions: Specific terms and conditions if the property is to be sold by auction

4. Virtual Tours and Digital Marketing: Special provisions for digital marketing services and virtual tour arrangements

5. Property Staging: Terms related to property staging services if included in the marketing strategy

6. Pre-existing Buyer Introduction: Provisions dealing with buyers previously introduced to the property, used when changing agents

7. Multiple Property Listings: Additional terms for listing multiple properties under one agreement

8. Vendor Paid Advertising: Detailed terms for vendor-funded advertising campaigns when applicable

What schedules should be included in a Real Estate Listing Contract?

1. Schedule 1 - Property Details: Detailed property description, including lot number, title references, and included fixtures/fittings

2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, including any sliding scales or bonus structures

3. Schedule 3 - Marketing Plan: Comprehensive marketing strategy and budget breakdown

4. Schedule 4 - Property Disclosure Statement: Details of property condition, known issues, and material facts

5. Schedule 5 - Agency Pricing Guide: Comparative market analysis and recommended pricing strategy

6. Appendix A - Required Agency Disclosure Documents: Statutory forms and disclosures required by state/territory legislation

7. Appendix B - Marketing Materials Approval Form: Template for owner approval of marketing materials and costs

8. Appendix C - Photography and Media Release: Permissions and terms for property photography and media usage

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Sales Contract

Sector

Cost

Free to use
Relevant legal definitions








































Clauses





































Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Property Management

Professional Services

Legal Services

Construction

Investment

Banking and Finance

Relevant Teams

Legal

Compliance

Real Estate Sales

Property Management

Marketing

Operations

Risk Management

Business Development

Contract Administration

Document Control

Relevant Roles

Real Estate Agent

Property Manager

Sales Director

Legal Counsel

Compliance Officer

Contract Administrator

Business Development Manager

Marketing Manager

Real Estate Broker

Agency Principal

Property Consultant

Settlement Officer

Operations Manager

Risk 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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