Exclusive or Open Management Agency Agreement (Holiday Letting) - AUNSWREPM066

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

 

17 Dec 2018 v1.3

Additions / Changes:

 

Item D

AGENT’S APPOINTMENT

1.

Letting under this Agreement


a.

The Owner appoints the Agent to let the Property: __ Yes __ No

Note: Where Yes is not ticked Items D.1(b), D.1(c) and D.1(d) do not apply.


b.

Exclusive Appointment:

Term of Exclusive Letting Appointment: ………………. days from the date of signing this Agreement.

Note: If this sub Item D.1(b) is not completed this will be a Non-Exclusive Letting Appointment.


c.

Non-Exclusive Appointment:

A Non-Exclusive Appointment will commence:



(i)

From the end of the term of Exclusive Letting Appointment



(ii)

Where Item D.1(b) is not completed, from the date of signing this Agreement


d.

A Non-Exclusive Appointment may be terminated by either party giving not less than ………………. days written notice.

2.

Management


a.

The Owner appoints the Agent as Exclusive Managing Agent for the Property:  __ Yes __ No

Note: Where Yes is not ticked Items D.2(b) and D.2(c) do not apply.


b.

Fixed Term of Appointment:

Fixed term of Appointment: ………………. days from the date of signing this Agreement.


c.

Continuing Appointment:

Where no Fixed Term of Appointment is specified in Item D.2(b) or the Fixed Term of Appointment has expired this appointment will continue until terminated by either party giving not less than ……. days written notice.

 

Item D

AGREEMENT

This Agreement is an Exclusive/Non-Exclusive Management and Letting Agency Agreement, effective from ……/……/…… and can be terminated thereafter by either party on the giving of not less than …………… days’ notice in writing.

Note: Where the agreement type is not indicated above this Agreement will be an Exclusive Management and/or Letting Agency Agreement.

 

Clause 3.5

Where the Agent is appointed as Exclusive Letting Agent (Item D) the Owner will refer any prospective occupants, of which the Owner becomes aware, to the Agent.

 

Clause 9.1(1)(a)

where this Agreement is an Exclusive Letting Agreement (Item D), whether the booking was made by the Agent, the Owner, or any other party; or

 

Clause 9.1(1)(b)

where this Agreement is a Non-Exclusive Letting Agreement (Item D), if the booking was made by the Agent;

 

15 Oct 2018 v1.2

Additions / Changes:

 

All instances of 'fax' removed.

 

Item D

AGENT’S APPOINTMENT

1.

Letting under this Agreement


a.

The Owner appoints the Agent to let the Property: __ Yes __ No

Note: Where Yes is not ticked Items D.1(b), D.1(c) and D.1(d) do not apply.


b.

Exclusive Appointment:

Term of Exclusive Letting Appointment: ………………. days from the date of signing this Agreement.

Note: If this sub Item D.1(b) is not completed this will be a Non-Exclusive Letting Appointment.


c.

Non-Exclusive Appointment:

A Non-Exclusive Appointment will commence:



(i)

From the end of the term of Exclusive Letting Appointment



(ii)

Where Item D.1(b) is not completed, from the date of signing this Agreement


d.

A Non-Exclusive Appointment may be terminated by either party giving not less than ………………. days written notice.

2.

Management


a.

The Owner appoints the Agent as Exclusive Managing Agent for the Property:  __ Yes __ No

Note: Where Yes is not ticked Items D.2(b) and D.2(c) do not apply.


b.

Fixed Term of Appointment:

Fixed term of Appointment: ………………. days from the date of signing this Agreement.


c.

Continuing Appointment:

Where no Fixed Term of Appointment is specified in Item D.2(b) or the Fixed Term of Appointment has expired this appointment will continue until terminated by either party giving not less than ……. days written notice.

 

Item D

AGREEMENT

This Agreement is an Exclusive/Non-Exclusive Management and Letting Agency Agreement, effective from ……/……/…… and can be terminated thereafter by either party on the giving of not less than …………… days’ notice in writing.

Note: Where the agreement type is not indicated above this Agreement will be an Exclusive Management and/or Letting Agency Agreement.

 

Item K

Rent is to be disbursed and statements issued:

__ as per attached Rent and Statements Schedule (Multiple recipients)        OR

__ as indicated below:

__ as indicated below   OR   __ as per attached Rent and Statements Schedule

Rent Payment Period: ……………………………………………………………….……………………………

        Pay by (tick only one):

        __ EFT        Bank: ............................ Branch: ................................ BSB: .............................

                           Account Name: ................................................. Account No.: ............................

        __ Cheque   Payable To: ........................................................................................................

                           Address: ...........................................................................................................

 

Statements Issue Period: .............................................................................................................

                   __ Owner     Issue By:   __ Post   __ Email

                   __ Other      Name: ...................................................................................................

                                      Address/Email: ......................................................................................

 

Clause 3.1

The Owner appoints the Agent (and its permitted assigns) in accordance with Item D for the duration of this Agreement.

 

Clause 3.1

In consideration of and in accordance with the terms of this Agreement, the Owner appoints the Agent (and its permitted Assigns), for the duration of this Agreement to manage and/or let the Property for the Owner in accordance with Item E, and the Agent agrees. Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees.

 

Clause 3.2

Authority vested in the Agent by this Agreement shall be deemed to be vested in the Agent’s authorised employees.

 

Clause 3.3

In carrying out the duties and services specified in this Agreement the Agent is authorised to utilise the services of any suitable person or company, provided however where required under the Act such duties or services must be carried out by a licensed person.

 

Clause 3.3

When delegating authority to authorised employees the Agent (licensee) in charge of the business, must properly supervise such person/s in accordance with the guidelines issued by the Commissioner for Fair Trading.

 

Clause 3.4

The Agent (licensee) in charge of the business must properly supervise, in accordance with the guidelines issued by the Commissioner for Fair Trading, all persons (employee or otherwise) engaged in the business carried on by the Agent.

 

Clause 3.5

Where the Agent is appointed as Exclusive Letting Agent (Item D.1) the Owner will refer any prospective occupants, of which the Owner becomes aware, to the Agent.

 

Clause 9.1(1)

a Letting Fee, subject to Clause 13.3(1), should a booking from an Occupant be taken during the term of this Agreement when a non-refundable deposit is paid sufficient to cover the amount of the fee or otherwise when balance of rental monies are paid and non-refundable; and

(a)

where this Agreement is an Exclusive Letting Agreement (Item D.1), whether the booking was made by the Agent, the Owner, or any other party; or

(b)

where this Agreement is a Non-Exclusive Letting Agreement (Item D.1), if the booking was made by the Agent;

 

Clause 9.4

The services and amounts listed in this Agreement cannot be varied without agreement in writing signed by the parties.

 

Clause 15.2

This Agreement cannot be varied without agreement in writing signed by the parties.

 

Clause 19.1

The parties agree and confirm any documents and communications in relation to this Agreement may be forwarded electronically and where this Agreement document has been forwarded electronically (either for signing or otherwise) the party receiving the Agreement document confirms having consented to the delivery of the Agreement document (and any other materials) by way of the electronic means of delivery before receiving the documentation.

 

Clause 19.8

The parties agree and consent to execution, by any party, delivery and service of documents electronically using by a method provided by DocuSign or such other agreed an electronic signing signature service provider.

 

19 Feb 2018 v1.1

Additions / Changes:

 

Item E

The Owner authorises the Agent to undertake the following services: [Tick authorised option/s – if an option is not ticked it is not authorised]


(1)

__

obtain prospective occupant references prior to letting


(2)

__

choose Occupants


(3)

__

arrange inspections of the Property with prospective Occupants – see Clause 4.15


(4)

__

collect a booking deposit – see Clause 5.9


(5)

__

collect a security deposit at the Agent’s discretion


(6)

__

booking cancellations in accordance with Item O


(7)

__

collect rents and other monies – see Clause 4.7


(8)

__

holiday letting advertising – see Clause 11.1 (1)



 

1.

To be advertised in the following way:

 



 

2.

Signage advertising the Holiday Letting of the Property is permitted to be used during the term of this Agreement: ¨ Yes ¨ No


(9)

 

provide documentation – see Clause 4.10(3)


(10)

__

maintenance and repairs – see Clause 4.4


(11)

__

recovery of possession – see Clause 4.17


(12)

__

effect repairs and maintenance to the Property to a Maximum Pre-approved Maintenance Expenditure not greater than $ ………………………. (see Clause 4.4)


(13)

__

maintain a contents inventory report for the Property

If ‘yes’, inventory report to be carried out: ………………………………………………


(14)

__

from time to time engage tradespersons as may be necessary - see clause 4.4(1)


(15)

__

in respect to smoke alarms installed on the Property, carry out, or appoint a contractor to carry out the Owner’s installation and maintenance obligations under the Environmental Planning and Assessment Regulation 2000 as amended. (see Clause 4.18)

 

Item K

RENT AND STATEMENTS

Where there is more than one recipient in respect of rent payments or provision of statements additional fees may be incurred.

Rent is to be disbursed and statements issued:

__

as per attached Rent and Statements Schedule (Multiple recipients)        OR

__

as indicated below:

Rent

Payment Period: ……………………………………………………………….………………

Pay by (tick only one):


__

EFT

Bank: …………………… Branch: …………………………   BSB: ……...

Account Name: ………………………… Account No.: ……………………


__

Cheque

Payable To: …….….……………………………………………………...……

Address: ………………..………………………………………………………

Statements

Issue Period: ..……………..……………………………………………………………………


__

Owner

Issue By:  __ Post  __ Email


__

Other

Name: ………………………….….……………………………………………

Address/Email: ……………………………………….………………………

 

Item K

RENT AND STATEMENTS

Where there is more than one recipient in respect of rent payments or provision of statements additional fees may be incurred.

Rent

Payment Period: ………………………………………………………………………………

1)

Payable to: ………………………………………………… Percentage of rent: …………

Bank: ……………………….….… Branch: ……………………… BSB: ………………..

Account Name: ……………………………………..… Account No.: …………………….

2)

Payable to: ………………………………………………… Percentage of rent: …………

Bank: ……………………….….… Branch: ……………………… BSB: ………………..

Account Name: ……………………………………..… Account No.: …………………….

3)

Payable to: ………………………………………………… Percentage of rent: …………

Bank: ……………………….….… Branch: ……………………… BSB: ………………..

Account Name: ……………………………………..… Account No.: …………………….

Statements

Issue Period: ……………………………………………………………………………………


Send to:

__ Owner   Method to send by:  __ Post  __ Email  __ Fax



__ Name: …………………………………………………………………………

<Address/Email/Fax>:  …………………………………………………………

__ Name: …………………………………………………………………………

<Address/Email/Fax>:  …………………………………………………………

 

Item S

Signature of Owner(s) or Owner’s     Date:     Signature of Agent                       Date:

authorised representative

…………………………………………       …/…/…  …………………………………………  …/…/…

By signing below the parties acknowledge and confirm having read and understood this Agreement.

Signature of Owner(s)     Date:                                                            Date:

 

………………………………  …… / …… / ……  ………………………………  …… / …… / ……

 

………………………………  …… / …… / ……  ………………………………  …… / …… / ……

 

Note: Where signed by Owner’s authorised representative or the Owner is a corporation evidence of authority to sign must be provided.

 

Signature of Agent           Date:

………………………………   …… / …… / ……

 

Clause 1.1(8)

Electronic Document: means any electronic communication (including Notices) as defined in the Electronic Transactions Act 2000 (NSW) including any electronically generated document situated on an external server readily accessible via a link within an electronic communication or other electronically generated document.

 

Clause 1.1(19)

Related Document: means any written communication (including Notices) with regard to this matter between the parties, including any Electronic Documents.

 

Clause 2

By signing this Agreement the Owner(s) or the Owner’s authorised representative warrants and confirms:

(1)

it is the owner or the Owner’s authorised representative of the Property.

(2)

it has read this Agreement.

(2)

it has authority to enter into this Agreement.

(3)

it has disclosed to the Agent in writing all Material Facts and has not made any statement known to be false, misleading or deceptive.


 

Clause 18

Provision of Documents

The parties agree and confirm this Agreement may be forwarded electronically if the recipient has provided an email address or facsimile number in this Agreement.

 

Clause 19

Related Documents / Notices / Electronic Communication

19.1

The parties agree and confirm any documents and communications in relation to this Agreement may be forwarded electronically and where this document has been forwarded electronically (either for signing or otherwise) the party receiving the document confirms having consented to the delivery of the document (and any other materials) by way of the electronic means of delivery before receiving the documentation.

19.2

A Related Document to be served on any party under this Agreement shall be in writing and may be served on that party:


(1)

by delivering it to the party personally; or


(2)

by leaving it for the party at that party’s address as stated in this Agreement; or


(3)

by posting it to the party by ordinary mail or security mail as a letter addressed to the party at the address as stated in this Agreement; or


(4)

by email to the party at the appropriate email  address as stated in this Agreement; or


(5)

by delivery to an alternative address, provided in writing by the party, by any of the methods outlined in Clauses 19.2(1) to (4) above.

19.3

A document posted shall be deemed to have been served, unless the contrary is shown, at the time when, by the ordinary course of post, the document would be delivered.

19.4

A document sent by electronic communication will be deemed to have been received in accordance with Section 13A of the Electronic Transactions Act 2000 (NSW).

19.5

Documents given by a party's solicitor will be deemed to have been given by and with the authority of the party.

19.6

Documents must be served before 5pm on a business day, failing which, such document will be deemed to have been served on the next business day.

19.7

The parties acknowledge and agree an Electronic Document readily accessible via a link within a Related Document is received when the Related Document is served and will be opened when the Related Document is opened.

19.8

The parties agree to execution, delivery and service of documents electronically by a method provided by DocuSign or such other agreed electronic signature service provider.