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Note: The client is the person or entity appointing the agent to provide the services. This may be the owner (or authorised representative of the owner) of the land, property or business that is to be sold.
Note: Annexures detailing additional clients may be attached if required.
Please leave this section blank if not applicable.
More than one box may be ticked if appropriate.
Note: Annexures detailing conjuncting agents may be attached if required.
Please provide details of the property, land or business as appropriate.
Note: Annexures detailing multiple properties may be attached if required.
Annexures detailing the performance of service may be attached if required.
Sole and exclusive appointments: There are no limitations on the length of an appointment for anything other than a residential property sale.
State the price for which the property, land or business is to be sold.
Note: Bait advertising is an offence under the Australian Consumer Law.
The client may list any condition, limitation or restriction on the performance of the service.
Note: Annexures detailing instructions/conditions may be attached if required.
Sole or exclusive: The client and agent can agree in writing to end the appointment early. For appointments of 60 days or more, either party can end the appointment by giving 30 days written notice, but the appointment must run for at least 60 days unless both parties agree to an earlier end date.
You may terminate an open listing for either property or business sales at any time.
You may appoint an agent to sell a property or business on the basis of an open listing, sole agency, or exclusive agency.
The following information explains the circumstances under which you will, and won’t, have to pay a commission to the agent/broker if the property or business is sold during the term of appointment.
• You appoint the agent/broker to sell the property or business, but you retain a right to appoint other agents on similar terms, without penalty or extra commission. • No end date required. • Appointment can be ended by either you or the agent at any time by giving written notice.
When you must pay the agent: • The agent is entitled to the agreed commission if the agent is the effective cause of sale of the business or property.
When you must pay the agent: • If you appoint a new agent during an existing agent’s sole agreement term and the property is sold during that term, you may have to pay: o A commission to each agent (two commissions) o Damages for breach of contract arising under the existing agent’s appointment
When you don’t have to pay the agent: • If the client sells the property privately and the agent is not the effective cause of sale i.e.: purchaser did not contact the agent, did not attend open house inspections, etc.
When you must pay the agent: • The client will pay the appointed agent/broker whether this agent, or person (including the client themselves) sells the business or property during the term of the appointment. • If the client sells the property or business, after the exclusive appointment expires and if the agent was the effective cause of sale (introduced the buyer to the property or business) the agent may be entitled to commission.
Commission is expressed as a percentage (%) or dollar amount. Make sure you understand the amount and when commission is payable.
Commission must be clearly expressed so the client understands the likely amount and when it is payable.
The client authorises the agent to incur the following expenses in relation to the performance of the service/s. Annexures may be attached if required.
To the client Your agent may either complete this section or attach annexures of marketing/advertising activities. In either case, the authorised amount must be written here.
This form enables the client to appoint or reappoint an agent/broker or property auctioneer (the ‘agent’) for the sale, auction of real property, land or businesses. This form must be completed and given to the client before the agent performs any service for the client. Failure to do so may result in a penalty and loss of commission for the agent.
