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Sole Agency Contract Template for Australia

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Key Requirements PROMPT example:

Sole Agency Contract

"I need a Sole Agency Contract for my beachfront property in Gold Coast, with a 6-month exclusive period starting March 1, 2025, including specific provisions for high-end digital marketing and social media promotion."

Document background
The Sole Agency Contract is a crucial document in Australian real estate transactions, used when a property owner wishes to grant exclusive selling rights to a single real estate agency. This type of agreement is particularly important in both residential and commercial property markets across Australia, where clear definition of agency relationships is required by law. The contract typically specifies the exclusive agency period, commission structures, marketing commitments, and detailed obligations of both parties. It includes provisions that comply with state-specific real estate legislation, the Australian Consumer Law, and relevant property laws. The Sole Agency Contract helps prevent disputes by clearly outlining the terms of engagement and protecting both the agent's right to commission and the owner's interests in the property sale process.
Suggested Sections

1. Parties: Identification of the Principal (property owner) and the Agent, including full legal names, addresses, and relevant license details

2. Background: Context of the agreement, including property details and the intention to appoint an exclusive agent

3. Definitions: Key terms used throughout the agreement, including 'Exclusive Agency Period', 'Property', 'Commission', and 'Marketing Expenses'

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

5. Duration: Term of the sole agency agreement, including start and end dates

6. Agent's Obligations: Detailed listing of agent's duties, responsibilities, and service commitments

7. Principal's Obligations: Property owner's responsibilities and commitments during the agency period

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

9. Marketing and Advertising: Agreement on marketing strategy, costs, and responsibilities

10. Termination: Conditions and process for ending the agreement

11. Dispute Resolution: Process for handling disagreements between parties

12. Governing Law: Specification of applicable state/territory law and jurisdiction

13. Execution: Signing section with appropriate witnessing provisions

Optional Sections

1. Multiple Properties: Additional terms for cases where the agent is appointed for multiple properties

2. Special Conditions: Any unique terms specific to this agency relationship

3. Online Marketing Provisions: Specific terms for digital marketing campaigns and online listings

4. Conjunctional Agency Arrangements: Terms for working with other agents while maintaining sole agency status

5. Property Management Services: Additional terms if the agent will also provide property management services

6. International Marketing: Specific provisions for marketing to international buyers

7. Auction Terms: Additional terms if the property may be sold by auction

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property, including title details, inclusions, and exclusions

2. Schedule 2 - Commission Schedule: Detailed breakdown of commission structures, including different scenarios and calculation methods

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

4. Schedule 4 - Agency Services: Detailed list of services to be provided by the agent

5. Appendix A - Required Disclosures: Statutory disclosures required by state/territory legislation

6. Appendix B - Fee Schedule: Breakdown of all potential fees and charges

7. Appendix C - Proof of Agency License: Copy of agent's current license and credentials

Authors

Alex Denne

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

Commercial Property

Residential Property

Retail Property

Industrial Property

Property Management

Professional Services

Legal Services

Relevant Teams

Legal

Real Estate Sales

Commercial Property

Residential Property

Compliance

Business Development

Contract Administration

Property Management

Operations

Relevant Roles

Real Estate Agent

Property Manager

Sales Director

Business Development Manager

Commercial Property Agent

Residential Sales Agent

Legal Counsel

Compliance Officer

Contract Administrator

Property Consultant

Agency Principal

Licensed Estate Agent

Real Estate Branch 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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