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Non Exclusive Agreement (Real Estate)
"I need a Non-Exclusive Agreement (Real Estate) for my Auckland apartment building, allowing me to list with three different agencies simultaneously from January 2025, with specific provisions for commission sharing and a focus on international marketing."
1. Parties: Identifies the agent and the property owner/vendor with full legal names and addresses
2. Background: Outlines the context of the agreement, including property details and the non-exclusive nature of the arrangement
3. Definitions: Defines key terms used throughout the agreement including Property, Services, Commission, and Marketing Fees
4. Appointment and Scope: Details the non-exclusive appointment of the agent and scope of services to be provided
5. Duration: Specifies the term of the agreement, including start date and termination provisions
6. Agent's Obligations: Lists the agent's duties, responsibilities, and service commitments
7. Vendor's Obligations: Outlines the property owner's responsibilities and commitments
8. Commission Structure: Details the commission rates, calculation method, and payment terms
9. Marketing and Advertising: Specifies marketing arrangements, costs, and responsibilities
10. Property Information: Vendor warranties about the property and disclosure requirements
11. Confidentiality: Confidentiality obligations of both parties
12. Termination: Conditions and process for ending the agreement
13. Dispute Resolution: Process for resolving disputes between parties
14. General Provisions: Standard legal provisions including governing law, notices, and amendments
1. Multiple Properties: Required when the agreement covers more than one property
2. Special Conditions: Used when specific requirements or unusual circumstances need to be addressed
3. Auction Provisions: Required if the property may be sold by auction
4. Tender Provisions: Required if the property may be sold by tender
5. Property Management: Used when property management services are included
6. International Marketing: Required when marketing will extend to international buyers
7. Agency Relationships: Required when multiple agents may be involved in the sale
8. Commission Sharing: Used when commission sharing arrangements with other agents are permitted
1. Schedule 1 - Property Details: Detailed description of the property including title details, improvements, and chattels
2. Schedule 2 - Commission Rates: Detailed breakdown of commission structures and calculations
3. Schedule 3 - Marketing Plan: Specific marketing activities, timeline, and associated costs
4. Schedule 4 - Vendor's Disclosure: Required disclosures about the property's condition and known issues
5. Appendix A - Required Documentation: List of documents required from the vendor
6. Appendix B - Marketing Materials: Samples or templates of proposed marketing materials
7. Appendix C - Service Level Agreement: Detailed breakdown of services to be provided by the agent
Authors
Real Estate
Property Management
Legal Services
Property Development
Construction
Professional Services
Marketing and Advertising
Financial Services
Legal
Compliance
Sales
Marketing
Business Development
Operations
Risk Management
Property Management
Contract Administration
Real Estate Agent
Property Manager
Real Estate Agency Director
Legal Counsel
Compliance Officer
Sales Manager
Marketing Manager
Business Development Manager
Contract Administrator
Property Developer
Real Estate Branch Manager
Operations Manager
Risk Manager
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