The Buyer Tenant Agency Contract is a crucial document used in the Australian real estate market when a client engages a professional buyer's agent to act on their behalf in property transactions. This agreement is particularly important in today's complex property market where buyers and tenants seek professional representation to navigate competitive markets, negotiate favorable terms, and access off-market opportunities. The document sets out the complete framework for the agency relationship, including service scope, fee structures, obligations, and termination provisions. It incorporates requirements from various Australian legislative frameworks, including state-specific real estate regulations, consumer protection laws, and professional standards. The agreement is designed to protect both parties' interests while ensuring transparency and compliance with Australian legal requirements.
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1. Parties: Identifies and provides full details of the Agent (Buyer's Agent) and the Client (Prospective Buyer/Tenant)
2. Background: Outlines the context of the agreement, including the Client's intention to engage the Agent to assist in finding and securing a property
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Appointment and Authority: Formally establishes the agency relationship and defines the Agent's authority to act on behalf of the Client
5. Services to be Provided: Details the specific services the Agent will provide, including property search, negotiation, and advisory services
6. Term of Agreement: Specifies the duration of the agency agreement and any renewal provisions
7. Agent's Obligations: Lists the Agent's duties, responsibilities, and standard of service requirements
8. Client's Obligations: Outlines the Client's responsibilities, including providing accurate information and maintaining communication
9. Fees and Charges: Details the Agent's compensation structure, including timing and method of payment
10. Confidentiality: Addresses the handling and protection of confidential information
11. Termination: Specifies conditions and procedures for ending the agreement
12. Dispute Resolution: Outlines the process for resolving any disputes between the parties
13. General Provisions: Contains standard legal provisions including governing law, notices, and entire agreement clauses
1. Exclusive Agency: Additional terms for exclusive agency arrangements, used when the Client agrees to work solely with this Agent
2. Multiple Properties: Additional provisions for Clients seeking multiple properties or portfolio acquisitions
3. Property Management Services: Used when the Agent will also provide property management services post-acquisition
4. Interstate Transactions: Additional provisions for transactions involving properties in different states
5. Foreign Investment: Special provisions for foreign buyers, including FIRB approval requirements
6. Buyer's Advocate Services: Detailed terms for full advocacy services including auction bidding and due diligence
7. Commercial Property Provisions: Additional terms specific to commercial property transactions
1. Schedule 1 - Fee Structure: Detailed breakdown of all fees, charges, and commission structures
2. Schedule 2 - Service Package Details: Comprehensive list of services included in the agreed package
3. Schedule 3 - Property Requirements: Client's specific property requirements and preferences
4. Schedule 4 - Excluded Properties: List of properties already inspected or excluded from the agreement
5. Appendix A - Client Authority Form: Required forms for agent authority and client verification
6. Appendix B - Privacy Policy: Detailed privacy policy and data handling procedures
7. Appendix C - Complaints Handling Procedure: Internal dispute resolution process and external appeal procedures
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Management
Legal Services
Commercial Property
Residential Property
Professional Services
Property Investment
Relevant Teams
Legal
Real Estate
Compliance
Property Management
Client Services
Contracts Administration
Risk Management
Operations
Business Development
Relevant Roles
Buyer's Agent
Property Consultant
Real Estate Agent
Property Manager
Legal Counsel
Compliance Officer
Real Estate Director
Investment Advisor
Client Relations Manager
Contracts Administrator
Real Estate Partner
Property Acquisition Specialist
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