Step 2 of 6 · Selling property

The contract between you and the real estate agent. Commission, exclusivity, and termination rights all live here.

What happens at this step

The agent presents an agency agreement. Standard elements are the commission rate, the agency type (sole, exclusive, general), the term, the termination rights, and the marketing budget. Some agency agreements also lock in the marketing spend regardless of whether the property sells.

What NZ Legal does

We review the agency agreement. We flag commission rates that look out of market, lock-in marketing spend, and unusual exclusivity clauses. We propose amendments where needed.

What you do

Send us the draft agency agreement before signing. Discuss the commission and marketing budget with the agent. Decide which agency type you want. Once we are aligned, sign.

Common pitfalls

  • Locked-in marketing spend with no clear cap.
  • Sole agency that auto-rolls if not actively cancelled.
  • Commission structures that pay full commission even on a withdrawn campaign.