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If you are selling property on behalf of clients as a real estate agent in 2025, you’ll need a Real Estate Agent Agreement. A Real Estate Agent Agreement outlines the services you will provide to your clients, the estimated selling price of the property, and details about fees and commissions.
It also sets out the extent of your authority to act on behalf of your client, along with provisions for a cooling off period.
Why Do I Need A Real Estate Agent Agreement?
According to the NSW Department of Fair Trading, before an agent can sell a property on behalf of a client, they must have a Real Estate Agent Agreement in place and hold a current real estate licence. This requirement remains critically important in 2025 to ensure all parties clearly understand the services provided and the fees involved.
If you’ve built your career as a real estate agent, you may want to consider having an agreement specifically drafted to suit your needs – one that you can easily update and repurpose for each client as market conditions and regulatory requirements evolve.
What Is A Real Estate Agent Agreement?
A Real Estate Agent Agreement typically includes clauses relating to:
- The services to be provided
- Any fees or commissions that the client will pay for your services
- How and when you are entitled to receive fees or commissions
- Your authority to act on behalf of the client, including whether you can amend the contract of sale on the client’s behalf
- The estimated selling price of the property (this can be a fixed price or a price range)
- The conditions under which the agreement can be terminated
- Provisions relating to the cooling off period
Example Of A Real Estate Agent Agreement
For instance, in early 2025, Brett asks his friend Robert, a licensed real estate agent, if he could help sell his property in a competitive market. Robert then presents Brett with a Real Estate Agent Agreement that clearly outlines the services he’ll provide, details the fees he intends to charge and when he is entitled to be paid, specifies his authority to act on Brett’s behalf, and provides an estimated selling price. Robert’s agreement also highlights essential provisions for a cooling off period, ensuring that both parties are adequately protected.
As regulatory requirements and digital marketing strategies evolve in 2025, it’s more important than ever to ensure that your Real Estate Agent Agreement remains current. Regular reviews of your Agreement can safeguard your business against unforeseen legal issues and enhance transparency with your clients. At Sprintlaw, we offer comprehensive contract review and redraft services designed to keep your documents compliant with the latest legal standards. For more guidance on establishing a strong legal foundation, be sure to check out our Business Set-Up resources.
How Can I Get One?
Want to check if you or your agent has a valid real estate licence? You can perform a licence check online via the Fair Trading website or call them on 13 32 20. If you’re a real estate agent ready to start selling and want your Agreement tailored to the evolving demands of today’s market, don’t hesitate to give us a call on 1800 730 617 or email us at team@sprintlaw.com.au for a free, no-obligation chat about your Agreement.
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