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Real Estate Sellers Agreement Template for Australia

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Key Requirements PROMPT example:

Real Estate Sellers Agreement

"I need a Real Estate Sellers Agreement for my luxury beachfront property in Gold Coast, Australia, with provisions for international marketing and an exclusive agency arrangement for 6 months starting March 2025, including specific terms for high-resolution virtual tours and overseas buyer inspections."

Document background
The Real Estate Sellers Agreement is a crucial document used in Australian property transactions when a property owner wishes to engage a licensed real estate agent to sell their property. This agreement serves as the foundational contract that governs the entire sales process, establishing the rights, obligations, and commercial terms between the parties. It is designed to comply with various Australian state and federal regulations, including property law, consumer protection legislation, and real estate industry standards. The document typically covers essential elements such as the agent's authority, commission structure, marketing strategy, property details, and service terms. It provides legal protection for both parties and ensures transparency in the property sale process.
Suggested Sections

1. Parties: Identification of the property owner (seller) and the real estate agent/agency, including full legal names, addresses, and relevant license numbers

2. Background: Context of the agreement, including brief property description and the seller's intention to appoint the agent

3. Definitions: Definitions of key terms used throughout the agreement

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

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

6. Agent's Obligations: Detailed listing of all services and duties the agent must perform

7. Seller's Obligations: Seller's responsibilities and commitments during the sale process

8. Listing Price: Agreed listing price range and any pricing strategy

9. Commission Structure: Detailed breakdown of agent's commission, including calculation method and payment terms

10. Marketing and Advertising: Marketing strategy, costs, and responsibilities for promotional activities

11. Duration and Termination: Agreement duration, renewal terms, and termination conditions

12. Dispute Resolution: Process for handling disputes between parties

13. Governing Law: Specification of applicable Australian state law governing the agreement

14. Execution: Signing section including date and witness requirements

Optional Sections

1. Multiple Agents: Required when multiple agents are involved in the sale, defining their respective roles and commission sharing

2. Special Conditions: Used when there are unique circumstances affecting the sale or specific seller requirements

3. Auction Provisions: Include when the property will be sold by auction, detailing specific auction terms and conditions

4. Foreign Investment: Required when the property may attract foreign buyers, including relevant FIRB considerations

5. Tenant Provisions: Include when the property is currently tenanted, detailing arrangements for inspections and sale conditions

6. GST Provisions: Required when the property sale may have GST implications

7. Digital Marketing Options: Specific provisions for enhanced digital marketing packages and virtual tours

Suggested Schedules

1. Schedule 1 - Property Details: Detailed property description, including lot number, title references, and exact boundaries

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

3. Schedule 3 - Marketing Schedule: Comprehensive marketing plan and associated costs

4. Schedule 4 - Property Inclusions and Exclusions: Itemized list of what is included and excluded in the sale

5. Appendix A - Agency Terms and Conditions: Standard agency terms and conditions

6. Appendix B - Property Condition Report: Current condition of the property including photographs

7. Appendix C - Marketing Materials: Samples or templates of proposed marketing materials

8. Appendix D - Required Disclosure Documents: State-specific required disclosure documents and certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Legal Services

Financial Services

Property Investment

Construction

Professional Services

Relevant Teams

Legal

Real Estate Sales

Compliance

Property Management

Business Development

Contract Administration

Risk Management

Operations

Document Control

Relevant Roles

Real Estate Agent

Property Manager

Sales Director

Legal Counsel

Compliance Officer

Business Development Manager

Contract Administrator

Property Consultant

Real Estate Broker

Agency Principal

Conveyancer

Property Sales Manager

Legal Administrator

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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