NSW Listing Agreement Example

Modified on Thu, 07 Mar 2024 at 11:02 AM


TABLE OF CONTENTS


How to Access


The templates can be accessed using REA Forms. Be sure to select the appropriate form.



The commercial and business templates can be found in the Commercial Sales & Leasing section.



Vendor's Details


Enter the Vendor's details. You can add multiple vendors into the Name field. If the Vendor is a company or trust (entity), then you can enter the entity's full details (ie full name of company or trustee and trust including ACN if applicable) instead of the individual that controls the entity.



Add in the Vendor's solicitor's details.



Agent's Details


The Trading Name and details will depend on your license type and this should be filled out as follows:


Agent Type = Salesperson (Employee of @realty):

  • Name = @realty Pty Ltd

  • ABN = 59 167 076 306

  • License Number = 3674008

  • License Expiry = 05/02/2027

  • Address = Level 11, 50 Cavill Ave

  • Mobile = Agents Mobile

  • Email = Agents Email


Agent Type = Licensed Agent (Operating as a Company = Yes)

  • Name = Company Name in conjunction with @realty Pty Ltd

  • ABN = User ABN

  • License Number = Corporate License Number

  • License Expiry = Corporate License Expiry

  • Address = Agents address

  • Mobile = Agents Mobile

  • Email = Agents Email


Agent Type = Licensed Agent (Operating as a Company = No)

  • Name = Agent Name in conjunction with @realty Pty Ltd

  • ABN = User ABN

  • License Number = Agent License Number

  • License Expiry = Agent License Expiry

  • Address = Agents address

  • Mobile = Agents Mobile

  • Email = Agents Email


Agent Type = Employee of Subcontractor & Franchisee 

  • Refer to the Team Leader’s Agent Type and use those details



Property's Details


Select the option that is relevant to the property.




Then click Print as Below and type the property address and enter the property's legal information extracted from the Property's Title Search.



Sale Details


You will need to provide the required details in this section. It is important to complete all of the fields.


Note: If a price range is specified in advertising, the difference between the upper and lower amounts cannot be more than 10% of the lower amount, and representations must not be outside the range or price estimate of the Agent (Section 72A Property and Stock Agents Act 2002). This is not a valuation nor a financial advice and only the Agent’s reasonable opinion.




Enter the term of the agreement, be sure to select Exclusive if the Agreement is Exclusive.





Enter @realty Pty Ltd in the Conjunction section.




Matters Affecting the Property


Include any chattels that are to be included in the property sale and list any Exclusions from the property sales.



Add in the details about the rental status of the property. Ensure you complete this in full.





CGT Withholding



For CGT Withholding  you will need to tick 'Applicable' if the Vendor is a relevant foreign resident. Learn more here:-


https://www.ato.gov.au/individuals-and-families/investments-and-assets/capital-gains-tax/foreign-residents-and-capital-gains-tax/foreign-resident-capital-gains-withholding/capital-gains-withholding-a-guide-for-conveyancers#ato-Vendors 


If the CGT withholding is applicable, then you should tick who will be applying for the certificate (typically the accountant will be).




Professional Fee


You should estimate and detail the fees payable based on the maximum estimated selling price (including GST). For example, enter:


2.2% calculated as $700,000 x 2.2% = $15,400




If you will be earning fees for any other services, you should include them here.



You can also disclose any fees from 3rd parties here



Vendor's Marketing Costs


You should outline with specificity all of the fees you will be charging the Vendor during the campaign. 




Material Facts


Be sure to complete this section in its entirety.




Sales Inspection Report


Be sure to complete this section in its entirety.




Signing


Make sure you tick the relevant Acknowledgements. 



If you want the fully executed agreement to be sent to all parties once all signatories have electronically signed, tick this box.


NOTE: It is IMPORTANT to ensure that a copy of the fully executed agreement needs to be served on the Client (Vendor) within 48 hours of signing.



Tick the Vendor type. 



Then send for e-signing by clicking the Blue Buttons.


If you want to print the form for physical signing, click on Save first, then Preview.



Then click the Print Icon in the top left corner





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