Page 43 - Introducing B&W Real Estate Taupo
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Sole agency and general                      A general agency agreement gives
                agency agreements allow                      more than one agency the right to
                                                             market your property. You’ll sign a
                different things                             separate agreement with each agency

                A sole agency agreement gives one            but should only pay a commission to
                agency the exclusive right to market         one agency. The agencies should tell
                and sell your property.                      you if there is a risk of you paying two
                                                             commissions.





             If you sign a sole agency agreement, there      This disclosure is done in a format that must
             are some things you should be aware of:         be included in the agency agreement.
                                                             The agreement must state either:
                • You shouldn’t sign another agency
               agreement with anyone else. If you do, you       • the estimated amount of rebate, discount
               may have to pay both of the agencies a          or commission and its source, or
               commission when your property sells.
                                                                • that the agent won’t be receiving any
                • If you sell the property privately with a    rebates, commissions or discounts.
               sole agency agreement in place, you will
               still need to pay the agency a commission     Recommended standard clauses
               when you sell.                                Real estate agencies can choose to use
                • If you change your mind immediately after   standard clauses in their agency agreements.
               signing, you can cancel the agreement         These REA-approved clauses help protect
               by 5pm on the first working day after the     you by:
               agent has given you a copy. You must             • reducing the likelihood of you being
               cancel in writing (for example, by letter       charged commission by two agencies
               or email).                                       • clarifying when the agreement ends and
                • If you sign a sole agency agreement for a    when you need to pay a commission.
               term of more than 90 days, either you or      We recommend you only use agencies that
               the agency can end the agreement after        use these standard clauses. Ask your agent
               90 days. This must be done in writing.        about the clauses before you sign.
                • In some agreements, cancelling a sole
               agency agreement means it becomes a
               general agency agreement. You’ll need
               to cancel this too if you don’t want to          You can ask questions, get
               continue with the agency.                        independent advice, talk to more
                                                                than one agent and negotiate
             Details of any rebates, discounts or               what’s in the agency agreement.
             commissions the agent may receive                  You can negotiate timeframe,
             If an agent gets a discount, rebate or             commission, expenses or services.
             commission on any services they arrange            Make sure you and your lawyer are
             for you and you’re paying for, they have to        happy with the agreement before
             tell you. For example, an agent may receive        you sign it.
             a discount on the cost of advertising your
             property in a newspaper.
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