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No Home Sale Contract for Australia

No Home Sale Contract Template for Australia

This document is a specialized agreement used in the Australian real estate market that establishes a contractual obligation preventing real estate agents from purchasing properties they are engaged to sell, either directly or through related parties. The agreement complies with Australian property law and real estate regulations, incorporating state-specific requirements while addressing potential conflicts of interest in property transactions. It includes comprehensive provisions for property marketing, agent obligations, and specific restrictions on property purchase, ensuring transparency and protecting the interests of property owners while maintaining professional integrity in real estate transactions.

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What is a No Home Sale Contract?

The No Home Sale Contract is a crucial document in Australian real estate practice, designed to protect property owners and maintain professional integrity in property transactions. This agreement is typically used when engaging a real estate agent or agency to sell a property, establishing clear boundaries and preventing potential conflicts of interest by prohibiting the agent and related parties from purchasing the property. The document addresses requirements under various state real estate regulations and consumer protection laws, incorporating necessary provisions for property marketing, commission structures, and agent obligations. It's particularly important in markets where there's increased scrutiny of real estate practices and a need for transparent transaction processes. The contract helps maintain compliance with professional standards and regulatory requirements while providing clear guidelines for all parties involved in the property sale process.

What sections should be included in a No Home Sale Contract?

1. Parties: Identifies and provides full details of the property owner(s) and the real estate agent/agency

2. Background: Explains the context of the agreement, including the owner's intention to sell the property and the appointment of the agent

3. Definitions: Defines key terms used throughout the contract, including 'Related Parties', 'Property', and 'Restricted Persons'

4. Appointment and Authority: Details the appointment of the agent and the scope of their authority to market and sell the property

5. No Purchase Covenant: Core section establishing the agent's agreement not to purchase the property directly or indirectly

6. Related Party Restrictions: Defines and prohibits purchases by related parties, family members, or associated entities

7. Agent's Obligations: Lists the agent's duties, including marketing, showing the property, and maintaining confidentiality

8. Owner's Obligations: Outlines the property owner's responsibilities and commitments

9. Commission and Fees: Details the agent's commission structure and any other applicable fees

10. Term and Termination: Specifies the duration of the agreement and conditions for termination

11. Confidentiality: Addresses the handling of confidential information related to the property and sale

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

13. Governing Law: Specifies that Australian law governs the agreement and identifies the relevant jurisdiction

14. Execution: Formal signing section including date and witness requirements

What sections are optional to include in a No Home Sale Contract?

1. Multiple Properties: Required when the agreement covers more than one property, listing additional properties and any specific conditions

2. Special Conditions: Used when there are unique circumstances or additional requirements specific to the property or parties

3. Digital Marketing: Optional section detailing specific online marketing strategies and requirements

4. Interstate Provisions: Required when the property owner or agent operates across state lines

5. Agency Staff Restrictions: Detailed section needed for larger agencies to specify restrictions on all staff members

6. Property Management: Required if the agent also manages the property while it is for sale

What schedules should be included in a No Home Sale Contract?

1. Schedule 1 - Property Details: Comprehensive description of the property including title details, boundaries, and inclusions

2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, calculations, and payment terms

3. Schedule 3 - Marketing Plan: Specified marketing activities, timeline, and associated costs

4. Schedule 4 - Related Parties List: Comprehensive list of all related parties and entities covered by the purchase restriction

5. Appendix A - Property Documentation: Copies of relevant property documents including title, plans, and certificates

6. Appendix B - Agency Authorization: Copies of agent's license and other regulatory compliance documents

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

Sector

Cost

Free to use
Relevant legal definitions































Clauses




























Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Property Management

Legal Services

Professional Services

Financial Services

Relevant Teams

Legal

Compliance

Real Estate Sales

Property Management

Risk Management

Operations

Business Development

Contract Administration

Relevant Roles

Real Estate Agent

Property Manager

Sales Director

Compliance Officer

Legal Counsel

Property Developer

Real Estate Broker

Agency Principal

Sales Manager

Contract Administrator

Risk Manager

Business Development Manager

Real Estate Operations 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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