Seller Listing Agreement

Seller Listing Agreement Template for New Zealand

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Key Requirements PROMPT example:

"I need a Seller Listing Agreement for a luxury beachfront property in Auckland, with exclusive agency rights for 6 months starting March 2025, including provisions for international marketing and virtual property tours."

Document background

The Seller Listing Agreement is a fundamental document in New Zealand real estate transactions, used when a property owner wishes to engage a real estate agency to sell their property. This agreement is essential for establishing the formal agency relationship and must comply with the Real Estate Agents Act 2008 and other relevant New Zealand legislation. The document outlines crucial details including the type of agency appointment (exclusive, general, or sole agency), the agreed commission structure, marketing strategies, and the specific obligations of both the agency and the vendor. It serves as the primary contract governing the relationship between the property owner and the real estate agency throughout the entire sales process, providing clarity on services, costs, and responsibilities while ensuring compliance with New Zealand's regulatory requirements for real estate transactions.

Suggested Sections

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

2. Background: Brief context about the property sale intention and the appointment of the agency

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Agency: Formal appointment of the agency and type of agency relationship (sole, general, or exclusive)

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

6. Listing Price: Agreed listing price or price range for the property

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

8. Marketing and Advertising: Agreed marketing plan, costs, and responsibilities for property promotion

9. Agency Obligations: Specific duties and responsibilities of the real estate agency

10. Vendor Obligations: Vendor's responsibilities and commitments during the listing period

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

12. Execution: Signing section with date and witness requirements

Optional Sections

1. Multiple Agencies: Required when the property may be listed with multiple agencies

2. Overseas Marketing: Include when the property will be marketed to overseas buyers

3. Auction Provisions: Required when the property will be sold by auction

4. Tender Provisions: Include when the property will be sold by tender

5. Property Access: Special arrangements for property access during the listing period

6. Staging Services: Include when property staging services are part of the agreement

7. Special Conditions: Any unique requirements or conditions specific to the property or vendor

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

Suggested Schedules

1. Schedule 1: Property Details: Detailed property information including chattels, fixtures, and specific exclusions

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

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

4. Schedule 4: Agency Disclosure: Required disclosures under the Real Estate Agents Act 2008

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

6. Appendix B: Property Title: Copy of the current property title

7. Appendix C: Marketing Materials: Samples or templates of proposed marketing materials

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

Property Development

Property Management

Residential Property

Commercial Property

Rural Property

Luxury Property

Professional Services

Relevant Teams

Real Estate Sales

Legal

Compliance

Marketing

Business Development

Property Management

Operations

Administration

Contract Management

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Branch Manager

Sales Director

Marketing Manager

Compliance Officer

Legal Counsel

Property Consultant

Business Development Manager

Agency Principal

Contracts Administrator

Property Valuer

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