The Exclusive Property Management Agreement is a crucial document in Australian property management, used when property owners wish to delegate complete management authority to a professional agency. This agreement is particularly relevant in situations where owners seek comprehensive property management services without retaining day-to-day operational control. The document establishes an exclusive arrangement, preventing the owner from appointing other agents during the agreement term, and typically includes detailed provisions for property maintenance, tenant management, financial handling, and reporting requirements. It's designed to comply with relevant state/territory legislation and industry regulations, providing clear guidelines for both parties' responsibilities and protecting their respective interests. The agreement is commonly used for both residential and commercial properties, and can be adapted for various property types and management scenarios while maintaining compliance with Australian property law.
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1. Parties: Identifies the property owner/landlord and the property management agency as parties to the agreement
2. Background: Establishes the context of the agreement, including property ownership and the owner's intention to appoint the agent
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Appointment and Authority: Establishes the exclusive appointment of the agent and defines their authority to act on behalf of the owner
5. Term of Agreement: Specifies the duration of the agreement, including start date and termination provisions
6. Agent's Services: Details the core property management services to be provided by the agent
7. Agent's Obligations: Lists the specific duties and responsibilities of the property manager
8. Owner's Obligations: Outlines the property owner's responsibilities and commitments
9. Fees and Charges: Details all management fees, commission structures, and other charges
10. Financial Management: Specifies procedures for rent collection, trust account management, and financial reporting
11. Insurance and Indemnity: Covers insurance requirements and indemnification provisions
12. Termination: Details the circumstances and procedures for ending the agreement
13. Dispute Resolution: Outlines the process for resolving disputes between parties
14. General Provisions: Includes standard legal provisions such as governing law, notices, and entire agreement
1. Special Services: Used when additional non-standard services are to be provided, such as renovation management or special maintenance programs
2. Multiple Properties: Include when the agreement covers management of multiple properties for the same owner
3. Holiday Letting Provisions: Required when the property may be used for short-term or holiday letting
4. Strata Management Interface: Include for properties in strata schemes to define interaction with strata management
5. Natural Disaster Procedures: Important for properties in disaster-prone areas, defining emergency procedures
6. Foreign Owner Provisions: Required when the property owner is a foreign resident, including tax implications
7. Property Development: Include when the property is part of a development project or subject to future development
1. Schedule 1 - Property Details: Detailed description of the managed property, including address and specific features
2. Schedule 2 - Fee Schedule: Comprehensive breakdown of all fees, charges, and commission structures
3. Schedule 3 - Maintenance Authority Limits: Specified spending limits for maintenance and repairs without requiring owner approval
4. Schedule 4 - Reporting Requirements: Details of required reports, their frequency, and content
5. Schedule 5 - Key Performance Indicators: Specific metrics for measuring the agent's performance
6. Appendix A - Property Condition Report: Initial condition report of the property at the start of management
7. Appendix B - Maintenance Contractors: List of approved contractors for property maintenance
8. Appendix C - Owner's Instructions: Specific instructions from the owner regarding property management preferences
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