Commercial Listing Agreement

Commercial Listing Agreement Template for New Zealand

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Key Requirements PROMPT example:

"I need a Commercial Listing Agreement for a multi-tenant retail property in Auckland CBD, with a 6-month exclusive listing period starting March 2025, including specific provisions for coordinating viewings with current tenants and a targeted marketing campaign for local retail investors."

Document background

The Commercial Listing Agreement is a fundamental document in New Zealand's commercial real estate sector, used when a property owner wishes to engage a professional real estate agency to market and sell or lease their commercial property. This agreement type is essential for establishing clear terms of engagement, defining the scope of services, and protecting both parties' interests under New Zealand law. The document typically includes detailed provisions about the property, marketing strategy, commission structure, and various obligations under the Real Estate Agents Act 2008. It serves as the primary contract governing the relationship between the property owner and the real estate agency, ensuring compliance with New Zealand's regulatory requirements while facilitating professional property marketing services.

Suggested Sections

1. Parties: Identification of the property owner (client) and the real estate agency, including full legal names and contact details

2. Background: Context of the agreement, including brief description of the property and the parties' intention to enter into a listing agreement

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Listing Period', 'Commission', 'Qualifying Transaction'

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

5. Property Details: Comprehensive description of the property being listed, including legal description and current use

6. Listing Terms: Duration of the listing, pricing strategy, and any specific marketing requirements

7. Agent's Obligations: Detailed responsibilities of the agent including marketing, reporting, and showing the property

8. Client's Obligations: Property owner's responsibilities, including providing accurate information and property access

9. Commission Structure: Detailed breakdown of commission rates, when payable, and calculation method

10. Marketing and Advertising: Agreed marketing strategy, budget, and cost allocation

11. Confidentiality: Obligations regarding confidential information and privacy requirements

12. Termination: Conditions under which the agreement can be terminated by either party

13. Execution: Signature blocks and execution details for all parties

Optional Sections

1. Multiple Listing Service: Terms for listing on multiple listing services, used when the property will be co-listed with other agencies

2. International Marketing: Specific provisions for international marketing efforts, used for high-value properties with potential overseas buyers

3. Property Management: Additional terms if the agent will also provide property management services during the listing period

4. Auction Terms: Specific provisions if the property is to be sold by auction

5. Tenant Coordination: Provisions regarding coordination with existing tenants, used for tenant-occupied properties

6. Development Potential: Special marketing provisions for properties with development potential

7. Vendor Warranty: Additional warranties from the vendor regarding property condition or development approvals

Suggested Schedules

1. Schedule 1: Property Details: Detailed property information including legal description, certificates of title, and current lease details

2. Schedule 2: Commission Structure: Detailed breakdown of commission rates, including any sliding scales or special arrangements

3. Schedule 3: Marketing Plan: Comprehensive marketing strategy and budget allocation

4. Schedule 4: Property Information: Technical information about the property including zoning, resource consents, and building specifications

5. Appendix A: Property Photos and Plans: Current photographs, floor plans, and site plans of the property

6. Appendix B: Due Diligence Checklist: List of documents and information required for due diligence

7. Appendix C: Agency Disclosure: Required disclosures under the Real Estate Agents Act 2008

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

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Commercial Property

Retail

Industrial

Office Space

Hospitality

Healthcare

Education

Logistics

Manufacturing

Professional Services

Mixed-Use Development

Relevant Teams

Legal

Real Estate

Property Management

Business Development

Compliance

Operations

Commercial Sales

Asset Management

Investment

Facilities Management

Risk Management

Document Control

Relevant Roles

Real Estate Agent

Commercial Property Manager

Business Owner

Property Developer

Company Director

Legal Counsel

Real Estate Broker

Commercial Leasing Manager

Asset Manager

Property Portfolio Manager

Facilities Manager

Real Estate Compliance Officer

Commercial Property Consultant

Investment Manager

Development Manager

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