Estate Agent Contract Template for New Zealand

The Estate Agent Contract serves as the foundational document for establishing a professional relationship between real estate agents and property owners in New Zealand. This agreement is essential when a property owner wishes to engage a licensed real estate agent or agency to sell or lease their property. The contract must comply with the Real Estate Agents Act 2008 and associated regulations, which set strict requirements for professional conduct, disclosure, and client protection. It typically includes detailed provisions for commission structures, marketing plans, agency obligations, and client responsibilities. The agreement can be customized for various property types (residential, commercial, or industrial) and different service levels (sole agency, general agency, or property management). The Estate Agent Contract also addresses modern requirements such as AML/CFT compliance, privacy protection, and digital marketing considerations.

1. Parties: Identifies the agent/agency and the client, including full legal names, addresses, and relevant registration/license numbers

2. Background: Outlines the context of the agreement, including the client's intention to sell/lease property and the agent's qualification to provide services

3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Services', 'Commission', 'Qualifying Transaction'

4. Appointment and Authority: Formally establishes the agency relationship and specifies whether it's a sole agency or general agency agreement

5. Term of Agreement: Specifies the duration of the agency agreement, including start date and end date or termination conditions

6. Agent's Services: Details the specific services to be provided by the agent, including marketing, viewings, and negotiation responsibilities

7. Commission and Fees: Specifies the commission structure, calculation method, and payment terms

8. Client's Obligations: Outlines the client's responsibilities, including providing accurate information and maintaining the property

9. Marketing and Advertising: Details the agreed marketing approach, costs, and responsibilities

10. Compliance and Disclosures: Addresses statutory compliance requirements, including AML/CFT obligations and privacy considerations

11. Termination: Specifies conditions and process for terminating the agreement

12. Dispute Resolution: Outlines the process for handling disputes between parties

13. General Provisions: Includes standard contract clauses such as entire agreement, variation, and governing law