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Real Estate Agency Agreement Example

Example document for Real Estate Agency Agreement. Use this as a reference when creating your own.

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This document involves significant legal, financial, or compliance considerations. You must have a qualified professional review and approve this document before use. Do not rely on this template as legal advice.

Document: Real Estate Agency Agreement

Example Document

Last updated 7/30/2026

REAL ESTATE AGENCY AGREEMENT

1. PARTIES

Date: 12 October 2023

1.1 The Owner: Name: John Citizen Address: 42 Smith Street, Parramatta NSW 2150 Phone: 0412 345 678 Email: john.citizen@email.com

1.2 The Agent: Name: Parramatta Premier Real Estate Pty Ltd Trading As: Parramatta Premier ABN: 12 345 678 901 Address: 100 George Street, Parramatta NSW 2150 Phone: (02) 9876 5432 Email: sales@parramattapremier.com.au License Number: 12345678

2. PROPERTY DETAILS

Address: 15 Jones Road, Westmead NSW 2145

Title Reference: 123/45678

Council: Cumberland City Council

3. APPOINTMENT AND AUTHORITY

3.1 Type of Agency: [X] Exclusive Agency

3.2 Authority Period: This Agreement commences on 15 October 2023 and ends on 15 January 2024 at 5:00 PM.

3.3 Extension: [ ] The agreement cannot be extended without written consent.

4. APPOINTED DUTIES

The Agent agrees to:

4.1 Advertise and promote the Property to find a buyer. 4.2 Present all written offers to the Owner promptly. 4.3 Negotiate the best price and terms on behalf of the Owner. 4.4 Provide regular updates on marketing progress. 4.5 Verify the financial capacity of prospective buyers where possible.

5. SELLING PRICE

5.1 Estimated Selling Price: The Owner advises that the expected selling price is $950,000.00.

5.2 Advertising Price: The Agent will advertise the Property at a price of $950,000.00.

6. REMUNERATION AND COMMISSION

6.1 Commission Rate: The Owner agrees to pay the Agent a commission of 2.2% of the Sale Price.

6.2 Fixed Amount: Alternatively, the Owner agrees to pay the Agent a fixed fee of $0.00.

6.3 Plus GST: The commission amount [X] includes / [ ] excludes GST.

6.4 When Payable: The Commission becomes payable and due: [X] On settlement of the property.

6.5 Expenses: The Owner agrees to pay for approved marketing expenses.

7. MARKETING AND ADVERTISING

7.1 Marketing Plan: The Agent recommends the following marketing activities:

  • Internet Listing on realestate.com.au and domain.com.au: Cost $1,100.00
  • Professional Photography: Cost $330.00
  • Floor Plan: Cost $165.00
  • For Sale Sign: Cost $165.00

Total Estimated Marketing Budget: $1,760.00

7.2 Authority to Spend: The Owner authorises the Agent to spend up to $2,000.00 on marketing without further approval.

8. CONSUMER PROTECTION STATEMENTSn 8.1 Cooling Off: The Owner acknowledges that they have a cooling off period of 1 business day to cancel this agreement.

8.2 Estimates: The Owner acknowledges that the selling price is an estimate only and not a valuation.

8.3 Complaints: Information about the complaints handling process is available at www.fairtrading.nsw.gov.au.

9. TERMINATION

9.1 By Owner: The Owner may terminate this agreement by giving 30 days written notice to the Agent.

9.2 Breach: Either party may terminate this agreement immediately if the other party commits a serious breach.

9.3 Holding Period: If the Owner terminates this agreement, the Owner agrees to pay commission if a buyer introduced by the Agent purchases the property within 30 days after termination.

10. SIGNATURES

SIGNED BY THE OWNER:


John Citizen

Date: 12 October 2023

SIGNED BY THE AGENT:


Jane Agent

Date: 12 October 2023


Witness Name

Date: 12 October 2023

Notes

Note on Authority Type: This example uses an Exclusive Agency Agreement. This is the most common form for residential sales as it incentivises the agent with a guaranteed commission if the property sells during the period.

Note on Commission: The commission is set at 2.2% inclusive of GST. This rate is negotiated based on the local market and property value. The commission is payable on settlement, which is standard practice to ensure the agent has secured a successful contract exchange before getting paid.

Note on Marketing: The marketing budget is specific. The owner authorised up to $2000. This ensures the agent can proceed with the listed ads without calling the owner for every small expense, but prevents overspending on unapproved items.

About this Example

Part of the Real Estate Agency Agreement document collection

Document Type

Real Estate Agency Agreement

A legal contract between a property owner and a real estate agent authorising the agent to sell or manage a property.

Complexity

moderate

Risk Level

high