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Agency Agreement Guide Nsw

An agency agreement is a legal document that outlines the terms and conditions of a relationship between two parties, wherein one party (the agent) is granted the authority to act on behalf of the other party (the principal). In New South Wales (NSW), agency agreements are governed by the Property, Stock and Business Agents Act 2002, which sets out the regulatory framework for real estate and business agents.

If you`re considering entering into an agency agreement in NSW, it`s important to understand your rights and responsibilities under the law. Here`s a quick guide to help you navigate the process:

Types of agency agreements:

There are two types of agency agreements: open and exclusive. An open agency agreement means that the principal can engage multiple agents to act on their behalf, whereas an exclusive agency agreement restricts the principal from engaging any other agents.

Terms and conditions:

The terms and conditions of an agency agreement should clearly outline the scope of work, the duration of the agreement, the commission or fee structure, and any expenses that will be reimbursed. It`s important to read and understand these terms before signing the agreement, as they may have legal implications.


An agency agreement can be terminated by either party with written notice. However, if the principal terminates the agreement early, they may be liable to pay the agent`s commission for any work performed up to that point.


Both the agent and the principal are required to comply with the Property, Stock and Business Agents Act 2002, which sets out the rules and regulations for real estate and business agents in NSW. Failure to comply with these laws can result in penalties and legal action.

In summary, entering into an agency agreement in NSW requires careful consideration of the terms and conditions, as well as compliance with the regulations outlined in the Property, Stock and Business Agents Act 2002. By understanding your rights and responsibilities, you can ensure a smooth and successful relationship with your agent.

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