Exclusive Property Management Agreement for Australia

Exclusive Property Management Agreement Template for Australia

This document is a legally binding agreement used in Australian jurisdictions between a property owner and a property management agency, granting exclusive rights to manage residential or commercial property. It complies with Australian state and territory property management regulations and outlines comprehensive terms for property management services, including authority levels, fee structures, maintenance procedures, and reporting requirements. The agreement establishes the property manager's exclusive right to handle all aspects of property management, from tenant selection to maintenance coordination, while defining both parties' obligations and responsibilities under Australian law.

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What is a Exclusive Property Management Agreement?

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.

What sections should be included in a Exclusive Property Management Agreement?

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

What sections are optional to include in a Exclusive Property Management 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

What schedules should be included in a Exclusive Property Management Agreement?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use
Clauses
Relevant Industries

Real Estate

Property Management

Residential Property

Commercial Property

Retail Property

Investment Property

Strata Management

Asset Management

Property Development

Holiday Letting

Relevant Teams

Property Management

Legal

Operations

Business Development

Leasing

Account Management

Compliance

Administrative Support

Financial Services

Maintenance Coordination

Client Relations

Contract Administration

Relevant Roles

Property Manager

Real Estate Agent

Portfolio Manager

Business Development Manager

Operations Manager

Leasing Consultant

Asset Manager

Facilities Manager

Real Estate Director

Property Management Coordinator

Compliance Officer

Legal Counsel

Contract Administrator

Regional Property Manager

Trust Account Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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