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Real Estate Agent Agreement Contract for New Zealand

Real Estate Agent Agreement Contract Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the professional relationship between a licensed real estate agent or agency and a property owner/vendor. The document outlines the terms and conditions under which the agent will market and sell the property, including commission structures, marketing strategies, and mutual obligations. It incorporates requirements from the Real Estate Agents Act 2008 and related regulations, ensuring compliance with New Zealand's legal framework for real estate transactions.

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What is a Real Estate Agent Agreement Contract?

The Real Estate Agent Agreement Contract is a crucial document used in New Zealand's property market to formalize the relationship between property owners and real estate agents. This agreement is essential when a property owner wishes to engage a licensed real estate agent or agency to sell their property. It must comply with the Real Estate Agents Act 2008 and associated regulations, including the Real Estate Agents (Professional Conduct and Client Care) Rules 2012. The contract specifies the type of agency appointment (sole, general, or exclusive), commission structures, marketing approaches, and both parties' obligations. It includes mandatory disclosures, AML/CFT compliance requirements, and specific provisions for protecting both the agent's and client's interests under New Zealand law.

What sections should be included in a Real Estate Agent Agreement Contract?

1. Parties: Identification of the Agent and the Client, including full legal names, addresses, and licensing details of the agency

2. Background: Context of the agreement and brief description of the property and intended service

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

4. Appointment and Agency Type: Specification of agency type (sole, general, or exclusive) and duration of appointment

5. Agent's Services: Detailed description of services to be provided by the agent

6. Commission and Fees: Structure and rates of commission, when payable, and any additional fees

7. Marketing and Advertising: Agreed marketing approach, costs, and responsibilities

8. Client's Obligations: Responsibilities and obligations of the client, including information provision and property access

9. Agent's Obligations: Professional duties, disclosure requirements, and service standards

10. Termination: Conditions and process for terminating the agreement

11. Confidentiality and Privacy: Handling of confidential information and compliance with Privacy Act

12. Dispute Resolution: Process for handling disputes between parties

13. Execution: Signing provisions and declaration of understanding

What sections are optional to include in a Real Estate Agent Agreement Contract?

1. Multiple Properties: Additional terms for when the agent is engaged to sell multiple properties

2. Overseas Marketing: Specific provisions for marketing to international buyers

3. Property Management: Terms for ongoing property management services if applicable

4. Auction Terms: Special conditions and terms if the property is to be sold by auction

5. Tender Process: Specific provisions if the property is to be sold by tender

6. Virtual Services: Terms relating to virtual viewings and online services

7. Co-Agency Terms: Provisions for situations where multiple agencies are involved

What schedules should be included in a Real Estate Agent Agreement Contract?

1. Schedule 1: Property Details: Detailed description of the property, including title details and specific inclusions/exclusions

2. Schedule 2: Commission Structure: Detailed breakdown of commission calculations and examples

3. Schedule 3: Marketing Plan: Comprehensive marketing strategy and associated costs

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

5. Appendix A: Agency Disclosure: Mandatory disclosure statement as required by the Real Estate Agents Act

6. Appendix B: Client Identification: AML/CFT compliance documentation and verification

7. Appendix C: Property Information: Property condition report, known issues, and material facts

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

New Zealand

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions






























Clauses



























Relevant Industries

Real Estate

Property Development

Property Management

Commercial Property

Residential Property

Legal Services

Financial Services

Relevant Teams

Legal

Compliance

Sales

Marketing

Business Development

Property Management

Operations

Administration

Client Services

Risk Management

Relevant Roles

Real Estate Agent

Property Manager

Sales Director

Business Development Manager

Compliance Officer

Legal Counsel

Contract Administrator

Property Developer

Agency Principal

Branch Manager

Sales Manager

Marketing 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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