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The Exclusive Listing Agreement is a fundamental document in New Zealand's real estate practice, used when a property owner wishes to grant sole selling rights to a single real estate agency. This type of agreement provides the appointed agency with the exclusive right to market and sell the property for a specified period, typically 90 days, though this can vary. The document is structured to comply with New Zealand's Real Estate Agents Act 2008 and related regulations, containing detailed provisions for the agent's obligations, marketing commitments, commission structure, and the terms under which the property will be listed. The Exclusive Listing Agreement is particularly important as it protects both the agent's interests by ensuring their marketing efforts are secured, and the owner's interests by clearly defining the service standards they can expect. The agreement includes specific requirements for property details, pricing strategy, marketing approach, and commission terms, making it an essential tool for professional real estate transactions in New Zealand.

1. Parties: Identification of the property owner(s) ('the Client') and the licensed real estate agency ('the Agent')

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

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

4. Appointment and Authority: Formal appointment of the Agent and scope of authority granted, specifically noting the exclusive nature of the appointment

5. Property Details: Complete description of the property being listed, including legal description and address

6. Agency Term: Duration of the exclusive listing period, including start and end dates

7. Agent's Obligations: Detailed listing of the Agent's duties, marketing commitments, and service promises

8. Client's Obligations: Client's responsibilities including providing accurate information and maintaining the property

9. Commission Structure: Detailed breakdown of commission rates, when commission becomes payable, and payment terms

10. Marketing and Advertising: Agreed marketing strategy, advertising plan, and associated costs

11. Price and Sale Terms: Agreed listing price or price range and any specific terms of sale

12. Termination: Conditions under which the agreement can be terminated and the consequences

13. Dispute Resolution: Process for handling disputes between the parties

14. General Provisions: Standard contract clauses including governing law, entire agreement, and amendments