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Exclusive Agency Listing Agreement Template for New Zealand

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Key Requirements PROMPT example:

Exclusive Agency Listing Agreement

"I need an Exclusive Agency Listing Agreement for my Auckland residential property, with a six-month term starting March 1, 2025, including specific provisions for digital marketing campaigns and social media promotion."

Document background
The Exclusive Agency Listing Agreement is a crucial document in New Zealand real estate transactions, used when a property owner wishes to engage a single real estate agency to market and sell their property. This agreement type is governed by the Real Estate Agents Act 2008 and the Professional Conduct and Client Care Rules 2012, requiring specific disclosures and terms to protect all parties involved. The document is typically used at the commencement of a property sale process and includes essential details such as property information, commission structures, marketing plans, and the exclusive agency period. It provides the agency with the security of being the sole appointed agent while ensuring the vendor receives committed professional service. The agreement is particularly important in New Zealand's real estate market, where exclusive agency arrangements are common practice and require careful documentation to comply with local regulations.
Suggested Sections

1. Parties: Identification of the vendor/client and the real estate agency, including full legal names and contact details

2. Background: Brief context explaining the vendor's intention to sell the property and appointment of the agency

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

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

5. Property Details: Complete description and identification of the property being listed for sale

6. Agency Period: Specific start and end dates of the exclusive agency period

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

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

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

10. Vendor's Obligations: Vendor's responsibilities including property access, information provision, and cooperation requirements

11. Termination: Conditions and process for ending the agreement

12. Acknowledgments: Vendor's confirmation of understanding key terms and receiving required disclosures

13. Execution: Signing section with date and witness requirements

Optional Sections

1. Multiple Ownership: Required when property has multiple owners, detailing their respective rights and obligations

2. Auction Terms: Include when property may be sold by auction, specifying auction-specific terms and conditions

3. Property Manager Handover: Required when property is currently under property management and needs transition arrangements

4. Special Conditions: For any unique requirements or circumstances specific to the property or vendor

5. Conflict of Interest: Required when there are potential conflicts to disclose

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

Suggested Schedules

1. Schedule 1: Property Details: Detailed property information including title details, chattels, and property features

2. Schedule 2: Commission Schedule: Detailed breakdown of commission rates, including tiered structures if applicable

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

4. Appendix A: Property Information Form: Vendor's disclosure of property information and known issues

5. Appendix B: Photography and Marketing Consent: Specific permissions for property photography and marketing materials

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

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

Residential Property

Commercial Property

Property Management

Legal Services

Professional Services

Relevant Teams

Legal

Real Estate Sales

Compliance

Property Management

Business Development

Contract Administration

Marketing

Operations

Relevant Roles

Real Estate Agent

Property Broker

Real Estate Branch Manager

Legal Counsel

Property Manager

Compliance Officer

Sales Director

Business Development Manager

Contract Administrator

Real Estate Sales Consultant

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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