Open & Exclusive Leasing Agency Agreement - AUNSWRECM008

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BLACK = Old Item/Clause  |  RED = New Item/Clause  | BLUE = Comments About Change (Not Part of Form) | STRIKEOUT = Wording Deleted

 

10 June 2008 v1.6

Additions / Changes:

 

Item 4

This Agreement is an Open/Exclusive Agency Agreement

 

Select only one type below

... This Agreement is an Exclusive Leasing Agreement and commences on ……………………………….…….. and concludes on ……………………………………… unless extended in writing by the Principal.

 

... This Agreement is an Open Leasing Agreement and is effective from ……/……/…… and can be terminated thereafter in writing by either party on the giving of not less than ……………………. days notice. Such termination will be without prejudice to either parties existing rights, duties or obligations.  This Agreement is terminated at such time when the Premises are leased.

 

Clause 1.1(7)

Material Fact: A Material Fact has, where used in this Agreement, the meaning given to it by Section 52 of the Act.

 

20 Dec 2007 v1.4

Additions / Changes:

 

Clause 4.1

The Agent is authorised and directed, by the Principal, to disclose all relevant and material facts in relation to the Premises.

 

Clause 4.2

The Agent must, in compliance with Section 52 of the Act, not make any promise that is false, misleading or deceptive or conceal any material facts.

 

Clause 5.3

There is a positive obligation on the Principal to disclose relevant and material facts.  Any failure to disclose information known to the Principal which may detract from the letting of the Premises will be a breach of this Agreement.

 

Clause 6.9

The Principal acknowledges before entering into this Agreement the Agent has provided a printed guide to the Agent’s Fees and Commissions and to the Expenses for which the Agent will require to be reimbursed.

 

Clause 7.1(c)

the Principal’s failure to give the Agent prompt and appropriate authority or instruction to carry out an instruction or authority; or

 

05 Apr 2007 v1.3

Additions / Changes:

 

Item 10

The Agent is / is not authorised to conjunct with other agents for a Conjunctional Leasing of the Premises for the duration of this Agreement. If so Commission is:

 

Commission Apportionment as a %: (If not completed Commission will be apportioned equally)

 

Appointment Agent: ...........................  Conjuncting Agent: ..................................