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Buyout Agreement
I need a buyout agreement for a business partner who is exiting our company, detailing the terms of the buyout, including the valuation of their shares, payment schedule, and any non-compete clauses. The agreement should comply with New Zealand laws and ensure a smooth transition of ownership.
What is a Buyer Representation Agreement?
A Buyer Representation Agreement is a legal contract between you and a real estate agent in New Zealand, making them your exclusive agent for finding and purchasing property. It spells out how long they'll work for you, what they'll do, and how they'll be paid for their services.
Under NZ law, this agreement protects both parties by clearly defining the agent's duties - like showing you properties, negotiating offers, and handling paperwork. It also sets out your responsibilities as a buyer, including working solely with that agent during the agreement period and paying their agreed commission when you successfully purchase a property.
When should you use a Buyer Representation Agreement?
Sign a Buyer Representation Agreement when you're ready to seriously hunt for property in New Zealand and want dedicated professional help. It makes the most sense to put this agreement in place before you start viewing homes with an agent, especially if you're looking in competitive markets like Auckland or Wellington.
This agreement becomes particularly valuable when dealing with complex purchases, like commercial properties or homes with unique features. It ensures your agent commits their full resources to your search, gives you priority access to new listings, and protects your interests throughout negotiations - especially important in multi-offer situations.
What are the different types of Buyer Representation Agreement?
- Standard Exclusive: The most common type of Buyer Representation Agreement in New Zealand, giving one agent sole rights to represent you for a set period, typically 90 days
- Non-Exclusive: Allows you to work with multiple agents but only pay commission to the one who helps you buy a property
- Limited-Service: Covers specific property types or areas only, with reduced agent services and lower commission rates
- Fixed-Term: Sets a specific end date rather than an automatic renewal period, popular for targeted property searches
- Commercial-Specific: Tailored for business property purchases with specialized terms and extended search periods
Who should typically use a Buyer Representation Agreement?
- Home Buyers: Sign the agreement as clients seeking property, committing to work exclusively with their chosen agent
- Licensed Real Estate Agents: Draft and present the agreement, outlining their services and commission structure
- Real Estate Agencies: Provide the standard agreement template and ensure compliance with NZ regulations
- Property Lawyers: Review agreements for clients, especially for complex commercial purchases
- Real Estate Authority (REA): Oversees agent conduct and handles disputes related to these agreements
How do you write a Buyer Representation Agreement?
- Property Requirements: List your specific needs, budget range, and preferred locations clearly
- Agent Details: Gather the agent's license number, agency details, and professional history
- Agreement Duration: Decide on a timeframe that suits your property search plans, typically 90-180 days
- Commission Structure: Clarify the exact fee arrangement and any additional costs upfront
- Service Scope: Define which specific services the agent will provide, from property viewings to negotiation support
- Special Conditions: Note any unique requirements or circumstances that need inclusion
What should be included in a Buyer Representation Agreement?
- Party Details: Full legal names and contact information for both buyer and agent, including the agent's license number
- Service Scope: Detailed description of agent's duties and responsibilities under the Real Estate Agents Act 2008
- Duration Terms: Clear start and end dates, plus any renewal or termination conditions
- Commission Structure: Exact fee calculations, payment timing, and conditions for when fees become due
- Exclusivity Clause: Terms of exclusive representation and any exceptions
- Dispute Resolution: Process for handling disagreements under NZ law
- Signatures: Dated signatures from all parties, with witness requirements if applicable
What's the difference between a Buyer Representation Agreement and an Agency Agreement?
A Buyer Representation Agreement is often confused with an Agency Agreement, but they serve distinct purposes in New Zealand real estate. While both involve real estate professionals, their scope and applications differ significantly.
- Purpose and Scope: Buyer Representation Agreements focus exclusively on property purchases, protecting buyer interests. Agency Agreements cover broader services, including property sales, leasing, and management
- Party Roles: Buyer Representation specifically defines the agent as the buyer's advocate, while Agency Agreements can represent either sellers or buyers
- Commission Structure: Buyer's agents typically earn commission from the purchase price, while Agency Agreements often include various fee structures for different services
- Duration: Buyer agreements usually last for a specific property search period, while Agency Agreements often have longer terms with broader service commitments
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