The Commercial Lease Commission Agreement is essential for Australian property owners and real estate agents engaging in commercial leasing transactions. This document is typically used when a property owner wishes to engage a professional real estate agent or agency to secure tenants for commercial properties, establishing clear terms for commission payments and service expectations. It ensures compliance with Australian property law, including state-specific legislation and the Property and Stock Agents Act, while protecting both parties' interests. The agreement covers crucial aspects such as commission rates, payment triggers, agent responsibilities, and property marketing requirements, making it a fundamental document for commercial property leasing arrangements in the Australian market.
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1. Parties: Identification of the property owner/landlord and the real estate agent, including full legal names, ABN/ACN, and registered addresses
2. Background: Context of the agreement, including brief description of the property and the owner's intention to engage the agent for leasing services
3. Definitions: Key terms used throughout the agreement, including 'Commission', 'Lease', 'Gross Rent', 'Term', and 'Property'
4. Appointment and Authority: Formal appointment of the agent and scope of authority granted
5. Agent's Services: Detailed description of services to be provided by the agent in marketing and leasing the property
6. Commission Structure: Detailed explanation of commission rates, calculation methods, and timing of payments
7. Payment Terms: Specific terms regarding when and how commission payments will be made, including GST considerations
8. Agent's Obligations: Specific duties and responsibilities of the agent, including marketing, reporting, and compliance requirements
9. Owner's Obligations: Responsibilities and commitments of the property owner, including provision of information and cooperation
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated by either party
11. Dispute Resolution: Process for resolving disputes between parties
12. General Provisions: Standard legal provisions including governing law, notices, and entire agreement clause
1. Multiple Properties: Additional terms for agreements covering multiple properties, including specific commission structures for each
2. Performance Incentives: Additional commission or bonus structures based on achieving specific targets or lease terms
3. Marketing Budget: Specific terms regarding marketing expenditure and reimbursement
4. Sub-Agency: Terms allowing and governing the appointment of sub-agents
5. Ongoing Management: Terms for potential property management services beyond the initial lease
6. Holdover Provisions: Terms addressing commission for lease extensions or holdover periods
7. Conflict of Interest: Specific provisions addressing potential conflicts of interest and dual agency situations
1. Schedule 1 - Property Details: Detailed description of the property/properties covered by the agreement, including addresses and specific features
2. Schedule 2 - Commission Rates: Detailed breakdown of commission rates, including any sliding scales or special circumstances
3. Schedule 3 - Approved Marketing Budget: Itemized marketing budget and activities approved by the owner
4. Schedule 4 - Agency Services: Comprehensive list of services to be provided by the agent
5. Appendix A - Required Documentation: List of required documents for lease execution and commission payment
6. Appendix B - Marketing Plan: Detailed marketing strategy and timeline
7. Appendix C - Reporting Templates: Standard templates for regular reporting to the owner
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