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Listing Agreement for New Zealand

Listing Agreement Template for New Zealand

A Listing Agreement under New Zealand law is a legally binding contract between a property owner and a real estate agency that establishes the terms and conditions under which the agency will market and sell the property. The agreement must comply with the Real Estate Agents Act 2008 and related regulations, including the Professional Conduct and Client Care Rules 2012. It outlines the agency relationship type, commission structure, marketing approach, and respective obligations of both parties, while ensuring consumer protection and transparency in accordance with New Zealand's regulatory framework.

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What is a Listing Agreement?

The Listing Agreement serves as the foundational document for establishing a professional relationship between property owners and real estate agencies in New Zealand. This contract type is essential for any property sale through a real estate agency, setting out the terms of engagement, commission structures, and marketing strategies. The agreement must comply with the Real Estate Agents Act 2008 and the Professional Conduct and Client Care Rules 2012, ensuring proper disclosure, fair trading practices, and consumer protection. It includes critical information about the property, agency type (sole, general, or exclusive), marketing approach, commission rates, and the obligations of all parties. The document is particularly important as it provides legal protection for both the property owner and the agency while establishing clear expectations and deliverables for the property sale process.

What sections should be included in a Listing Agreement?

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

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

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

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

5. Property Details: Complete description of the property including address, legal description, and any inclusions/exclusions

6. Agency Type: Specification of whether this is a sole agency, general agency, or exclusive agency and the duration

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

8. Marketing and Advertising: Agreed marketing approach, costs, and who bears these costs

9. Agent's Obligations: Specific duties and responsibilities of the agent including communication requirements

10. Owner's Obligations: Owner's responsibilities including providing accurate information and access to the property

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Health and Safety: Obligations regarding health and safety during property viewings

13. Privacy and Personal Information: How personal information will be collected, used, and protected

14. Dispute Resolution: Process for handling disputes between parties

15. Execution: Signing section including date and signatures of all parties

What sections are optional to include in a Listing Agreement?

1. Multiple Properties: Additional terms for listing multiple properties or multi-unit developments

2. International Marketing: Specific provisions for marketing to overseas buyers, including additional costs and requirements

3. Auction Terms: Specific terms if the property is to be sold by auction

4. Tender Process: Specific terms if the property is to be sold by tender

5. Property Management: Terms regarding current tenancies or property management during the listing period

6. Special Conditions: Any unique requirements or conditions specific to the property or circumstances

7. Commission Sharing: Terms for sharing commission with other agencies if applicable

What schedules should be included in a Listing Agreement?

1. Schedule 1: Property Details: Detailed property information including certificates of title, easements, and building specifications

2. Schedule 2: Marketing Plan: Comprehensive marketing strategy and budget breakdown

3. Schedule 3: Commission Schedule: Detailed commission calculations and examples

4. Schedule 4: Property Disclosure: Owner's disclosure of property conditions, defects, or other material information

5. Schedule 5: Agency Requirements: Specific requirements for access, open homes, and showing the property

6. Appendix A: Property Photos: Current photographs of the property

7. Appendix B: Required Documentation: Copies of required documents such as LIM reports, building reports, or permits

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

Jurisdiction

New Zealand

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions

































Clauses






























Relevant Industries

Real Estate

Property Development

Property Management

Real Estate Investment

Commercial Property

Residential Property

Legal Services

Property Services

Construction

Relevant Teams

Legal

Real Estate Sales

Property Management

Compliance

Marketing

Business Development

Contract Administration

Property Services

Customer Relations

Documentation

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Branch Manager

Property Developer

Real Estate Lawyer

Conveyancing Lawyer

Property Investment Manager

Real Estate Compliance Officer

Sales Manager

Marketing Manager

Business Development Manager

Property Consultant

Legal Counsel

Contract Administrator

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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