The Non Exclusive Real Estate Contract is a crucial document used in the Australian property market when a property owner wishes to engage a real estate agent while maintaining the flexibility to work with other agents simultaneously. This agreement is particularly suitable for property owners who want to maximize their property's exposure through multiple agencies or retain the right to sell the property themselves. The document details the agent's authority, commission structure, marketing approach, and service obligations while ensuring compliance with Australian federal and state-specific real estate legislation. It includes essential provisions for property marketing, sale processes, commission calculations, and dispute resolution, while incorporating necessary consumer protections and disclosures required under Australian law. This type of contract is commonly used in both residential and commercial property transactions throughout Australia.
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1. Parties: Identifies and provides full details of the property owner (Principal) and the real estate agent (Agent)
2. Background: Establishes the context of the agreement, including property owner's intention to sell/lease the property and agent's qualification to act
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Appointment and Authority: Specifies the non-exclusive nature of the appointment and scope of agent's authority
5. Property Details: Complete description and details of the property being marketed
6. Agent's Services: Comprehensive list of services the agent will provide in marketing and selling/leasing the property
7. Marketing and Advertising: Details of agreed marketing approach, activities, and associated costs
8. Commission and Fees: Structure and timing of agent's commission and any additional fees
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Agent's Obligations: Detailed responsibilities and duties of the agent
11. Principal's Obligations: Property owner's responsibilities and commitments
12. Warranties and Representations: Statements of fact and promises made by both parties
13. Dispute Resolution: Process for resolving any disputes between the parties
14. General Provisions: Standard legal provisions including governing law, notices, and entire agreement
1. Multiple Properties: Required when the agreement covers more than one property
2. Conjunctional Arrangements: Include when the agent may work with other agents and how this affects commission
3. Special Conditions: For any unique requirements or circumstances specific to this agency relationship
4. Digital Marketing Provisions: Detailed terms for online marketing when significant digital campaign is planned
5. International Marketing: Include when property will be marketed to international buyers
6. Property Management: Required if agent will provide property management services during sale period
7. GST Provisions: Detailed GST terms when applicable to the property transaction
1. Schedule 1 - Property Details: Detailed description of property including title details, inclusions, and exclusions
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
3. Schedule 3 - Marketing Plan: Comprehensive marketing strategy and budget
4. Schedule 4 - Fee Schedule: Itemized list of all potential fees and charges
5. Schedule 5 - Agency Warranty: Agent's warranties regarding licenses and qualifications
6. Appendix A - Required Disclosures: Statutory disclosures required under relevant state legislation
7. Appendix B - Marketing Materials: Examples or templates of proposed marketing materials
8. Appendix C - Property Condition Report: Current condition of the property if relevant to marketing
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Property Management
Legal Services
Property Investment
Commercial Property
Residential Property
Professional Services
Relevant Teams
Legal
Real Estate Sales
Property Management
Compliance
Business Development
Contract Administration
Operations
Risk Management
Relevant Roles
Real Estate Agent
Property Manager
Legal Counsel
Contract Manager
Property Developer
Sales Director
Business Development Manager
Compliance Officer
Real Estate Branch Manager
Property Consultant
Legal Administrator
Real Estate Principal
Contract Administrator
Property Officer
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