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Leasing Agency Agreement for Canada

Leasing Agency Agreement Template for Canada

A comprehensive legal agreement governed by Canadian federal and provincial laws that establishes the relationship between a property owner and a leasing agent or agency. The document outlines the terms under which the agent will market and lease the property, including the scope of authority, compensation structure, and respective obligations of both parties. It incorporates provincial real estate regulations, privacy laws, and professional standards while addressing specific requirements for property marketing, tenant screening, and lease negotiation services. The agreement ensures compliance with provincial real estate acts and relevant consumer protection legislation.

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What is a Leasing Agency Agreement?

The Leasing Agency Agreement is a crucial document used when property owners wish to engage professional services for leasing their properties in Canada. This agreement is essential for both commercial and residential properties, establishing the formal relationship between the property owner and the leasing agent or agency. It details the agent's authority to market the property, screen potential tenants, negotiate lease terms, and potentially manage the property on the owner's behalf. The document must comply with provincial real estate regulations, which can vary by jurisdiction, and federal laws governing privacy and financial transactions. Property owners typically use this agreement when they require professional expertise in leasing their properties, want to ensure proper market exposure, or need comprehensive leasing services. The agreement includes specific provisions for commission structures, marketing strategies, and service levels, while addressing liability and risk allocation between the parties.

What sections should be included in a Leasing Agency Agreement?

1. Parties: Identification of the property owner (Principal) and the leasing agent (Agent), including full legal names and contact details

2. Background: Context of the agreement, including property details and the purpose of engaging the leasing agent

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Appointment and Authority: Formal appointment of the agent and scope of authority granted by the property owner

5. Term of Agreement: Duration of the agency relationship, including start date and termination conditions

6. Agent's Services and Obligations: Detailed description of services to be provided by the agent, including marketing, tenant screening, and negotiation responsibilities

7. Owner's Obligations: Property owner's responsibilities, including providing necessary information and cooperation

8. Compensation: Fee structure, commission rates, and payment terms

9. Expenses and Reimbursement: Allocation of costs and expenses related to marketing and leasing activities

10. Confidentiality: Obligations regarding confidential information and data protection

11. Liability and Indemnification: Risk allocation between parties and insurance requirements

12. Termination: Circumstances and procedures for ending the agreement

13. Governing Law: Applicable law and jurisdiction

14. General Provisions: Standard clauses including notices, amendments, and assignment rights

What sections are optional to include in a Leasing Agency Agreement?

1. Exclusive Agency Rights: Used when the agent is granted exclusive rights to lease the property

2. Sub-Agency Authorization: Include when the agent may need to engage other agents or brokers

3. Property Management Services: Added when the agent will provide additional property management services

4. Virtual Services: Include when virtual showings or digital marketing services are specifically required

5. International Marketing: Used when targeting international tenants requiring specific provisions

6. Post-Termination Obligations: Include when there are specific obligations that survive termination

7. Dispute Resolution: Optional ADR provisions such as mediation or arbitration clauses

What schedules should be included in a Leasing Agency Agreement?

1. Schedule A - Property Details: Detailed description of the property, including address, size, and amenities

2. Schedule B - Commission Structure: Detailed breakdown of commission calculations and payment schedules

3. Schedule C - Marketing Plan: Specific marketing strategies and commitments

4. Schedule D - Service Level Agreement: Detailed performance metrics and service standards

5. Appendix 1 - Required Documentation: List of documents required from owner and maintenance of records

6. Appendix 2 - Approved Marketing Budget: Breakdown of approved marketing expenses and limits

7. Appendix 3 - Agency Team: Key personnel assigned to the property and their roles

8. Appendix 4 - Compliance Requirements: Specific regulatory requirements and compliance procedures

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

Canada

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions













































Clauses


































Relevant Industries

Real Estate

Property Management

Commercial Property

Residential Property

Retail Property

Industrial Property

Office Space

Professional Services

Property Development

Asset Management

Relevant Teams

Legal

Real Estate

Property Management

Operations

Compliance

Risk Management

Business Development

Asset Management

Facilities Management

Contract Administration

Relevant Roles

Real Estate Agent

Property Manager

Leasing Manager

Asset Manager

Real Estate Broker

Legal Counsel

Contract Administrator

Property Owner

Business Development Manager

Operations Manager

Compliance Officer

Real Estate Portfolio Manager

Facilities Manager

Commercial Leasing Director

Risk 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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