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The Sole Agency Agreement is a fundamental document in New Zealand real estate transactions, used when a property owner wishes to engage a single real estate agency exclusively to sell their property. This document is essential for establishing clear terms of engagement and protecting both parties' interests under New Zealand law. The agreement must comply with the Real Estate Agents Act 2008 and associated regulations, including mandatory consumer protection provisions and disclosure requirements. It typically includes details about the property, commission structure, marketing strategy, agent's authorities, and obligations of both parties. The document is particularly important as it creates an exclusive relationship, meaning the property owner cannot engage other agents during the agreement period, and the agent is guaranteed commission if the property sells during this time, regardless of who introduces the buyer.

1. Parties: Identification of the property owner(s) as the client and the licensed real estate agency as the agent

2. Background: Context of the agreement, including brief description of the property and the owner's intention to sell

3. Definitions: Key terms used throughout the agreement including 'sole agency', 'commission', 'qualifying sale', etc.

4. Appointment and Term: Specification of the sole agency appointment, its duration, and any cooling-off period

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

6. Agent's Authority: Scope of the agent's authority to market and negotiate on behalf of the owner

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

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

9. Marketing and Advertising: Agreed marketing approach, advertising plan, and associated costs

10. Agent's Obligations: Detailed list of the agent's duties and responsibilities

11. Client's Obligations: Owner's responsibilities and commitments during the agency period

12. Termination: Conditions and process for ending the agreement

13. Dispute Resolution: Process for handling disputes between parties

14. General Provisions: Standard contractual terms including governing law, entire agreement, and amendments