WA Example Listing Agreement

Modified on Mon, 11 Mar 2024 at 08:30 AM


TABLE OF CONTENTS



NOTE: It is important to peruse and follow the Elements of a Valid Appointment to Act Real Estate and Business Agents issued by the Western Autralian Government to ensure compliance. See below link for more information:


https://www.commerce.wa.gov.au/publications/elements-valid-appointment-act-real-estate-and-business-agents

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.



Seller's Details


Enter the Seller'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.



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.


Select if the property is Vacant Land.



Sale Details


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



Enter any relevant information about Previous Agents, or select NO if there are none.



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



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). Note that you must not rely only on percentage but also include the figure by way of example in sub-paragraph (a) below or by way opf actual in sub-paragraph (b) below. For example, enter:


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



You can also enter in a Bonus Commission.




Seller's Marketing Costs


Select the appropriate marketing costs and enter the required amounts.



Then complete the Terms of Payment. The Other Details should include An invoice will be sent with the payment details. 



Property Particulars


You can choose to include the property particulars. It is best practice to include this section.




Signing


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 that Section 60(2) of the REBA Act requires that the person obtaining the signature of the principal on the appointment must give a true copy of the appointment to the signatories immediately after the appointment is signed.
 



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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