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Buyers Agent Agreement for Australia

Buyers Agent Agreement Template for Australia

An Australian Buyer's Agent Agreement is a legally binding contract that establishes a professional relationship between a licensed buyer's agent and their client seeking to purchase property. The agreement outlines the scope of services, responsibilities, fee structure, and terms of engagement in accordance with Australian property law and real estate regulations. It includes provisions for property search criteria, negotiation services, due diligence requirements, and the agent's fiduciary duties, while ensuring compliance with state-specific real estate legislation and consumer protection laws.

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What is a Buyers Agent Agreement?

The Buyer's Agent Agreement is a crucial document used in Australian real estate transactions when a property buyer seeks professional representation in their property search and acquisition process. This agreement is essential for establishing clear expectations, responsibilities, and fee structures between the buyer's agent and their client. It encompasses key elements such as service scope, property search criteria, negotiation authority, and compliance with Australian real estate regulations. The document is particularly important in competitive property markets where professional representation can provide significant advantages. The agreement should comply with state-specific legislation and the Property and Stock Agents Act 2002, while incorporating necessary consumer protections and disclosure requirements.

What sections should be included in a Buyers Agent Agreement?

1. Parties: Identifies and provides full details of the buyer's agent and the client

2. Background: Establishes the context of the agreement, including the client's intention to engage a buyer's agent to assist in property purchase

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Appointment and Term: Specifies the appointment of the buyer's agent, exclusivity status, and duration of the agreement

5. Services: Details the specific services to be provided by the buyer's agent

6. Agent's Obligations: Outlines the buyer's agent's duties, responsibilities, and standard of care

7. Client's Obligations: Specifies the client's responsibilities, including providing accurate information and cooperating with the agent

8. Fees and Expenses: Details the fee structure, payment terms, and reimbursable expenses

9. Confidentiality: Addresses the handling and protection of confidential information

10. Termination: Specifies conditions and process for terminating the agreement

11. Dispute Resolution: Outlines the process for resolving disputes between parties

12. General Provisions: Includes standard legal provisions such as governing law, notices, and entire agreement

What sections are optional to include in a Buyers Agent Agreement?

1. Additional Services: Used when the agent offers premium or specialized services beyond standard buyer's agent services

2. Interstate Services: Required when the agent may need to provide services across state borders

3. Property Management: Included when the agent offers additional property management services post-purchase

4. Foreign Investment: Required when the client is a foreign investor, addressing FIRB requirements

5. Virtual Services: Details arrangements for remote property viewings and virtual consultations

6. Team Structure: Used when multiple team members will be involved in providing services

7. Success Fee: Optional performance-based fee structure for successful property acquisition

What schedules should be included in a Buyers Agent Agreement?

1. Schedule A - Fee Schedule: Detailed breakdown of all fees, charges, and payment structures

2. Schedule B - Service Package Details: Comprehensive list of services included in the agreement

3. Schedule C - Client Brief: Details of client's property requirements, preferences, and budget

4. Schedule D - Authority to Act: Formal authorization for the agent to act on behalf of the client

5. Appendix 1 - Agency Disclosure Statement: Required disclosures under relevant real estate legislation

6. Appendix 2 - Privacy Policy: Details of how client's personal information will be handled

7. Appendix 3 - Complaints Handling Procedure: Process for handling client complaints and disputes

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

Australia

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions






























Clauses






























Relevant Industries

Real Estate

Property Investment

Professional Services

Property Development

Wealth Management

Legal Services

Financial Services

Construction

Relevant Teams

Legal

Real Estate

Compliance

Client Relations

Property Acquisition

Contract Administration

Investment Advisory

Due Diligence

Property Research

Risk Management

Relevant Roles

Buyer's Agent

Property Consultant

Real Estate Advisor

Investment Property Specialist

Property Acquisition Manager

Client Relations Manager

Real Estate Legal Counsel

Property Investment Advisor

Wealth Manager

Real Estate Contract Manager

Compliance Officer

Property Portfolio Manager

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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