AGENCY AGREEMENT (RESIDENTIAL) 07/15 USER GUIDE 1. This form has been designed to comply with the Property, Stock and Business Agents Act 2002 (NSW) (Act) and the Property, Stock and Business Agents Regulation 2014 (NSW) (Regulation). 2. The Agent must fully understand the terms of the agency agreement. Failure to comply with the law and follow correct procedure may prevent the Agent from recovering their commission, fees and expenses and/or subject the Agent to penalties for breach of the Act and Regulation. The Agent should be able to explain the agency agreement to the Principal. 3. All parts of the form must be completed. An omission may bring about a defective agency agreement, enabling a Principal to avoid their fnancial responsibilities to the Agent. 4. A licensee may delegate their authority to an employee (certifcate or licence holder) to both inspect the Premises and sign the agency agreement. The licensee must however supervise the certifcate or licence holder in accordance with the supervision guidelines published by NSW Fair Trading. 5. The agency agreement must be signed by both the Agent and Principal, and the copy marked “Principal’s Copy” must be served on the Principal within 48 hours in the manner provided by the Act and Regulation. Failure to do so may result in loss of commission. 6. The licensee’s licence number must appear on the agency agreement. If the Agent trades as a corporation the licence number is the corporation’s licence number, if as a sole trader the Agent’s licence number, if as a partnership it is one of the partner’s licence numbers. 7. The agency agreement must contain written instructions outlining the extent of the Agent’s authority in respect of the management of the leased Premises. 8. This is an exclusive management agency agreement. The Agent should make enquiries of the Principal as to whether the Principal has signed any other agency agreement in respect of the management of the subject Premises. If this is the case, the Principal should check whether the frst agency agreement is still current, which may mean that the Principal is liable for the payment of more than one commission. There may be the possibility of more than one tenant being signed to a lease, that is, by yourself and another Agent. It is advised that you check with the Principal before signing up a tenant. 9. An inspection report of the Premises must be completed as soon as practicable after entering into this agreement. The practical approach would be to complete the inspection report when completing the condition report for the Residential Tenancy Agreement. A copy of the completed inspection report must be given to the Principal. (Note: A pro forma inspection report is available on the inside cover). 10. GST i GST is payable by the Agent to the ATO in respect of the performance of the Agent’s services under this agency agreement. The agency agreement provides that the Agent is entitled to recover GST from the Principal. ii In accordance with ACCC guidelines, all amounts referred to in this form, including fees, expenses and outgoings are expressed as inclusive of GST. iii Where the leasing fee is calculated as an amount based on one week’s rent, the form should be completed as follows: • one week’s rent + 10% = 110% of one week’s rent, or • a single GST inclusive fee. iv Where the Agent incurs an expense in the course of providing property management services such as advertising and telephone charges, these expenses are considered a taxable supply, even if the expense is GST free in the Agent’s hand. When recovering disbursements Agents should subtract the input tax credit received on the original expenses and then add on GST when charging the Principal. Example: postage expenses of $9.90, Agent can claim an input tax credit of 90¢. The Agent charges the Principal $9.00 plus 90¢ GST being a total of $9.90. v Where expenses are paid by the Agent, as agent for the Principal, and the account is addressed directly to the Principal, the Agent should pass the account to the Principal without adding any further GST (e.g. owners corporation levy, accounts for repairs and maintenance). vi The Agent’s fee should be calculated on the GST inclusive value of the rent. 11. Ensure that all costs and expenses are included in the agency agreement. 12. The fees and expenses cannot be varied except as agreed by the Principal in writing. 13. Special conditions where space is insufficient (e.g. where the Agent is to perform additional services or where they are to advertise): write “See Annexure Hereto” and then attach to each copy of the agreement. The annexure must also be signed by both parties. 14. If the Agent is instructed by the Principal to pay insurance renewals that instruction must be confrmed by the Principal each and every time the insurance renewal falls due. It is recommended that instructions be in writing, at the minimum the Agent should make a fle note. 15. An Agent must not provide fnancial advice. Any person seeking the Agent’s opinion should be advised to consult with their own independent fnancial and/or investment advisor. 16. A landlord or landlord’s agent must disclose any proposal to sell the premises during a tenancy. Failure to disclose may entitle the tenant to terminate the tenancy without compensation. 17. Agents have an obligation to advise a prospective tenant of all material facts in respect of the Premises. The material fact clause will assist in that process, but will not of itself discharge the Agent’s obligations. You should raise this issue with the Principal and also undertake reasonable research to become aware of the material facts pertaining to the Premises. 18. An Agent must disclose, on the agency agreement: i the source and the reasonably estimated amount of any rebates, discounts or commissions that the Agent will or may receive in respect of expenses claimed for services provided by the Agent in relation to the real estate transaction or else the Agent will not be entitled to those expenses; and ii if the Agent refers a person to a non-independent service provider, the nature of the Agent’s relationship with that service provider and the nature and value of any rebate, discount, commission or beneft the Agent may receive, or expects to receive, by referring the client or customer to that service provider. 19. An Agent must not recommend a person to engage services of a solicitor or licensed conveyancer if the Agent knows that the solicitor or licensed conveyancer acts or will be acting for the other party. An Agent is not prevented from recommending a person to engage services of a solicitor or licensed conveyancer that acts or will be acting for the other party, if there is no other solicitor or licensed conveyancer available. If this applies, the Agent must advise the person that the solicitor or licensed conveyancer is or will be acting for the other party. 20. It should be noted that there are disclosure requirements under the Act, Regulation and privacy legislation or other law which are required to be given separately from the agency agreements under certain circumstances. 21. Ensure that a person signing on behalf of a Principal corporation identifes their status on the agency agreement, e.g. Director, Secretary. EXCLUSIVE MANAGEMENT FM00100INSPECTION REPORT Between Principal ABN / ACN Address GST Registered Yes No Postcode Phone: Work Mobile Home Fax Email And Agent Agents Licence No. ABN / ACN Trading as GST Registered Yes No Address Postcode Phone: Work Mobile Home Fax Email Address of Premises Description of Premises (e.g. house, unit, number of bedrooms, garage, etc.) Description of the exterior condition of the Premises Description of the interior condition of the Premises Fixtures to the Premises Smoke alarms Fittings (not being fxed to the Premises) which are provided with the Premises Improvements made to the Premises Anything provided with the Premises Work to be done by the Principal Estimated
date of completion / / / / / / Signature of Agent Date / /EXCLUSIVE MANAGEMENT AGENCY AGREEMENT (RESIDENTIAL) The Property, Stock and Business Agents Act 2002 (NSW) and Regulation requires all Agent’s instructions to be in the form of a written agreement. COPYRIGHT JULY 2015 Originated and distributed by and printed and produced for the Real Estate Institute of N.S.W. in whom exclusive copyright vests. WARNING Unauthorised reproduction in whole or in part is an infringement of Copyright. EXCLUSIVE MANAGEMENT AGENCY AGREEMENT 1st Copy: Agent’s copy. 2nd Copy: Principal’s copy. PAGE 1 OF 7 FM00100 – 07/15 www.reinsw.com.au PARTIES Principal ABN / ACN GST Registered Yes No Address Postcode Phone: Work Mobile Phone: Home Fax Email Agent Licensee’s Licence No.* (see note) ABN / ACN GST Registered Yes No Trading as Address Postcode Phone: Work Mobile Fax Email * Note: If the Agent trades as a corporation the licensee’s licence number is the corporation’s licence number. PREMISES Address of Premises to be leased Postcode Being: Furnished Unfurnished Garage/Car Space included Yes No AGREEMENT Agent’s Appointment 1. The Principal hereby appoints the Agent exclusively to lease and to manage the Premises in accordance with this agreement. 2. It is agreed that the Agent may from time to time delegate to the Agent’s employees all or any of the authority vested in the Agent by this agreement. 3. This agreement shall commence on the / / and may be terminated by either party giving not less than written notice of termination but without prejudice to either party’s rights accrued or obligations incurred prior to the effective termination. Leasing 4. The Agent is authorised to lease all or any part of the Premises on the following conditions, or as otherwise instructed: i Term of the tenancy agreement ii Rent $ per payable in advance or such other rent as the Principal may agree to accept. iii Rental bond $ or equivalent to weeks rent in respect of each tenancy. Special Instructions 5. Agent’s Authority 6. At the end of each tenancy, the Agent is authorised to: i Re-lease the Premises at market rent for a term not exceeding Yes No ii Refer to the Principal for instructions concerning re-leasing and advertising/promotion Yes No iii Review the rent when in the opinion of the Agent such a review is appropriate. Yes NoEXCLUSIVE MANAGEMENT AGENCY AGREEMENT (RESIDENTIAL) The Property, Stock and Business Agents Act 2002 (NSW) and Regulation requires all Agent’s instructions to be in the form of a written agreement. COPYRIGHT JULY 2015 Originated and distributed by and printed and produced for the Real Estate Institute of N.S.W. in whom exclusive copyright vests. WARNING Unauthorised reproduction in whole or in part is an infringement of Copyright. EXCLUSIVE MANAGEMENT AGENCY AGREEMENT 1st Copy: Agent’s copy. 2nd Copy: Principal’s copy. PAGE 2 OF 7 FM00100 – 07/15 www.reinsw.com.au Agent’s Remuneration 7. The Agent shall be entitled to the following fees: (GST inclusive) i A leasing fee upon leasing of regardless of whether the Premises are let by the Agent; any other agent; or the Principal. The Agent’s Leasing Fee is due and payable by the Principal when a tenant enters into possession of the Premises or signs a residential tenancy agreement or pays rent, whichever occurs frst. ii A tenancy agreement preparation fee of $ iii A management fee of % of all monies collected on behalf of the Principal iv An administration fee of $ per v Other Service Fees, Charges and Expenses 8. The Agent shall perform the following services and be entitled to the following fees (GST inclusive): Fee When due and payable NCAT fees Attendance at a tribunal/court $ Preparation of a tribunal/court case $ Sheriff’s fees Arrangement of repairs and maintenance $ Calculation and collection of water % of cost and sewerage usage charges Arrangement of refurbishment or improvements $ Service of any notice $ Processing insurance claims, including $ per hour valuations for insurance purposes Disaster/emergency management fee % of cost Other $ 9. In the event that the Agent incurs expenses or charges relating to the leasing and/or management of the Premises or any part thereof they are entitled to reimbursement as follows: Fee When due and payable Marketing and/or promotional expenses $ for each leasing Statements/administration fees $ Office expenses in respect of each $ management being postage, phone calls and out of pocket expenses Other $ Variation of Fees and Expenses 10. The services to be provided by the Agent and any fees or expenses payable by the Principal to the Agent pursuant to this agreement cannot be varied except as agreed by the Principal in writing. Promotional Activities 11. The Premises are to be advertised and/or otherwise promoted as per the attached schedule OR not advertised OR as follows: The promotional fee for each leasing is $ and is due and payable For Lease Sign: Permission is hereby granted for the Agent to erect “For Lease” signage Yes No It is acknowledged that the Agent is not responsible for any liability, damages or injuries incurred as a result of the erection of the signage.EXCLUSIVE MANAGEMENT AGENCY AGREEMENT (RESIDENTIAL) The Property, Stock and Business Agents Act 2002 (NSW) and Regulation requires all Agent’s instructions to be in the form of a written agreement. COPYRIGHT JULY 2015 Originated and distributed by and printed and produced for the Real Estate Institute of N.S.W. in whom exclusive copyright vests. WARNING Unauthorised reproduction in whole or in part is an infringement of Copyright. EXCLUSIVE MANAGEMENT AGENCY AGREEMENT 1st Copy: Agent’s copy. 2nd Copy: Principal’s copy. PAGE 3 OF 7 FM00100 – 07/15 www.reinsw.com.au Administration of Tenancy Agreement 12. In respect of each tenancy, the Agent is authorised and directed on behalf of the Principal to: i Arrange inspection and show prospective tenants Yes No ii Obtain references Yes No iii a Select tenants; OR Yes No b Recommend tenants Yes No iv Enter into and sign tenancy agreements in respect of all or any part of the Premises Yes No v Collect rent Yes No vi Issue receipts for monies received from tenants pursuant to tenancy agreements Yes No vii Collect and lodge rental bonds in accordance with the provisions of the Residential Tenancies Act 2010 (NSW) Yes No viii Make claims for the refund of bond monies, having regard to rent due and the condition of the Premises at the end of each tenancy Yes No ix Respond to any applications by tenants before the NSW Civil and Administrative Tribunal (NCAT) or the like and represent the Principal in any such proceedings Yes No x Exercise the Principal’s right to enforce or terminate tenancy agreements by service of notices as necessary Yes No xi Forward to the Principal copies of any documents signed by the Agent on behalf of the Principal Yes No xii Undertake periodic inspections at Agent’s discretion. Yes No xiii If required, obtain copies of any by-law or management statement relating to a strata or community scheme, which is required to be provided to the tenant Yes No 13. In respect of each tenancy, the Agent and each and every one of their partners, employees or other officers from time to time as the case may be is authorised and directed on behalf of the Principal to make application before the NCAT or the like and to do all things necessary to commence and (as far as practicable) complete proceedings for: i The recovery of possession of the Premises from tenants Yes No ii The recovery of monies due Yes No S.5A Lease: Release from Rent Control 14. The Premises have been released from rent control by 5A Lease registration or through having become vacant on or after 1 January 1986 Yes No Inventories (Furnished Premises) 15. Where the Premises are furnished an inventory shall be prepared by the: Principal OR Agent Inspection 16. Unless the Principal advises the Agent to the contrary, any prospective tenant is entitled to inspect the Premises in the following circumsta
nces: Repairs and Maintenance 17. The Agent is authorised to engage appropriately qualifed or licensed tradespersons to effect repairs and maintenance in accordance with the Principal’s obligations to repair (if any) or as otherwise instructed, provided that expenditure in excess of $ for any one item shall not be incurred without the prior approval of the Principal except where in the opinion of the Agent that because of an emergency, repairs are necessary for the protection of the Premises or the supply of essential services to tenants. Disbursements from Principal’s Monies 18. The Agent is authorised and instructed to pay the following from monies received on behalf of the Principal: i Accounts for repairs and maintenance in accordance with Clause 17 Yes No ii Council rates (see attached Schedule) Yes No iii Water, sewerage and drainage rates (see attached Schedule) Yes No iv Insurance premiums (see attached Schedule) Yes No v Owners corporation levies (see attached Schedule) Yes No vi Maintenance costs of caretaking/cleaning/gardening Yes No vii Maintenance contracts for services installed (lifts, etc) Yes No viii NCAT fees Yes No ix Writ of execution Yes No x Sheriff’s fees Yes No xi Any fee required to obtain a by-law or management statement Yes No xii Yes No xiii Yes No See attached Schedule for particularsEXCLUSIVE MANAGEMENT AGENCY AGREEMENT (RESIDENTIAL) The Property, Stock and Business Agents Act 2002 (NSW) and Regulation requires all Agent’s instructions to be in the form of a written agreement. COPYRIGHT JULY 2015 Originated and distributed by and printed and produced for the Real Estate Institute of N.S.W. in whom exclusive copyright vests. WARNING Unauthorised reproduction in whole or in part is an infringement of Copyright. EXCLUSIVE MANAGEMENT AGENCY AGREEMENT 1st Copy: Agent’s copy. 2nd Copy: Principal’s copy. PAGE 4 OF 7 FM00100 – 07/15 www.reinsw.com.au Statement of Account 19. The Agent shall render a statement monthly or as instructed, accounting for monies received and expenses incurred on behalf of the Principal and for fees and charges retained in respect of services performed for the Principal, and the balance less disbursements shall be remitted to the Principal as hereinafter specifed (see attached Schedule). If at any time amounts payable exceed the balance of the account, the Principal agrees to pay the excess amount to the Agent upon demand. Authority to Deduct 20. In the event of any monies being paid to the Agent on behalf of the Principal, the Agent is hereby authorised to deduct from such monies all of the above mentioned fees, expenses and charges before accounting to the Principal. Financial Institution Taxes or Deductions 21. The Agent shall be entitled to be reimbursed for any taxes or deductions debited by banks or other fnancial institutions against the Agent’s account that are attributable to the affairs of the Principal. GST 22. Any amounts referred to in this agreement which are payable by the Principal to the Agent in respect of services provided by the Agent under this agreement, including reimbursement of expenses, are expressed inclusive of the Goods and Services Tax (“GST”), at the rate of 10% (the current rate). If the current rate is increased or decreased, the parties agree that any amounts referred to in this agreement will be varied accordingly. Agent’s Indemnity and Liability 23. The Principal will hold and keep indemnifed the Agent against all actions, suits, proceedings, claims, demands, costs and expenses whatsoever which may be taken or made against the Agent in the course of or arising out of the proper performance or exercise of any of the powers, duties or authorities of the Agent under this agreement. Financial and Investment Advice 24. The Principal acknowledges that any fnancial or investment advice provided by the Agent to the Principal is of a general nature only whose preparation does not take into account the individual circumstances, objectives, fnancial situation or needs of the Principal. The Principal is advised to consult with their own independent fnancial and/or investment advisor. Disclosure of information to tenants. 25. The Residential Tenancies Act 2010 (NSW) requires that certain information be disclosed to the tenant before the tenant enters into a residential tenancy agreement. Please answer the following: • Has the landlord prepared a contract for sale of the residential premises? Yes No • Is there any proposal to sell the residential premises? Yes No • Has a mortgagee commenced proceedings in a court to enforce a mortgage over the premises? Yes No – If yes, is a mortgagee taking action for possession of the premises? Yes No Material Fact 26. i A landlord or landlord’s agent must not induce a tenant to enter into a residential tenancy agreement by any statement, representation or promise that the landlord or agent knows to be false, misleading or deceptive or by knowingly concealing a material fact of a kind prescribed by the Residential Tenancies Regulation 2010 (NSW). Please answer the following: a. Have the premises been subject to flooding or bush fre in the preceding 5 years? Yes No Details b. Are the premises subject to signifcant work, health or safety risks that are not apparent to a reasonable person on inspection of the premises? Yes No Details c. Have the premises been the scene of a serious violent crime within the preceding 5 years? Yes No Details d. Will council waste services be provided to the tenant on a different basis than is generally applicable to premises within the area of the council? Yes No Details e. Because of the zoning of the land, or other laws applying to development on the land, will the tenant not be able to obtain a residential parking permit (in an area where only paid parking is provided)? Yes No Details f. Is there driveway or walkway on the premises which other persons are legally entitled to share with the tenant? Yes No Details ii The Principal warrants that the Principal has supplied the Agent in writing with all the relevant details and information pertaining to all the material facts in respect of the Premises. iii The Principal acknowledges that the Property, Stock and Business Agents Act 2002 (NSW) and Residential Tenancies Act 2010 (NSW) require the Agent to disclose all material facts to prospective tenants. iv The Principal directs the Agent to disclose all of the material facts provided in writing by the Principal to the Agent to all prospective tenants of the Premises. v In this clause “material fact” has the same meaning as it has in Section 52 of the Property, Stock and Business Agents Act 2002 (NSW) and Section 26 of the Residential Tenancies Act 2010 (NSW).EXCLUSIVE MANAGEMENT AGENCY AGREEMENT (RESIDENTIAL) The Property, Stock and Business Agents Act 2002 (NSW) and Regulation requires all Agent’s instructions to be in the form of a written agreement. COPYRIGHT JULY 2015 Originated and distributed by and printed and produced for the Real Estate Institute of N.S.W. in whom exclusive copyright vests. WARNING Unauthorised reproduction in whole or in part is an infringement of Copyright. EXCLUSIVE MANAGEMENT AGENCY AGREEMENT 1st Copy: Agent’s copy. 2nd Copy: Principal’s copy. PAGE 5 OF 7 FM00100 – 07/15 www.reinsw.com.au Privacy Policy 27. The Privacy Act 1988 (Cth) (the Act) allows personal information to be collected, used and disclosed for the purpose for which it was collected, and otherwise in accordance with the Act. This Privacy Policy does not form part of this agreement and only applies to the extent the Agent collects, uses and discloses personal information. The Agent may amend, or amend and restate, this Privacy Policy from time to time and may subsequently notify the Principal of any changes to this Privacy Policy by updating it on the Agent’s website or by other written notifcation to the Principal. Any changes to this Privacy Policy take effect upon the earlier of the update to the website or other notifcation to the Principal. The pe
rsonal information the Principal provides the Agent in connection with this agreement or collected from other sources is necessary for the Agent to: (a) identify and verify the Principal and the Premises; (b) advertise and promote the Premises for lease; (c) process and assess any application received in relation to the lease of the Premises; (d) negotiate and prepare any lease for the Premises; (e) liaise and exchange information with the Principal and the Agent’s or Principal’s legal and other advisors in relation to or in connection with any lease of the Premises; (f) manage this agreement and any lease of Premises including the collection of rent on behalf of the Principal and the preparation of required statements of account; (g) comply with any applicable law; (h) confrm whether the Principal is registered for GST purposes; (i) operate controlled money accounts; (j) comply with any dispute resolution process; and (k) contact and liaise with goods and services providers as instructed by the Principal and to provide those providers with the Principal’s personal information. If the personal information is not provided by the Principal, the Agent may not be able to act on behalf of the Principal effectively or at all. The Agent will take reasonable precautions to protect the personal information it holds in relation to the Principal from misuse, loss, and unauthorised access, modifcation or disclosure. Personal information collected about the Principal may be disclosed by the Agent for the purpose for which it was collected to other parties including the Agent’s or Principal’s legal and other advisors, advertising and media organisations, property data service providers, prospective and actual tenants, clients of the Agent both existing and potential, tradespeople, strata owners corporations, valuers, government and statutory bodies, fnancial institutions and other third parties as instructed by the Principal (including, without limitation, goods and services providers) or as required by any applicable law. The Agent may also use the Principal’s information including personal information for marketing and research purposes to inform the Principal of products and services provided by the Agent, which the Agent considers may be of value or interest to the Principal, unless the Principal tells the Agent (see opt out option below) or has previously told the Agent not to. If the Principal does not wish to receive any information about such products and services then please tick this box: or otherwise notify the Agent using the Agent’s contact details set out earlier in this agreement. The Principal has the right to request access to any personal information held by the Agent which relates to the Principal, unless the Agent is permitted by law (including the Act) to withhold that information. Any requests for access to the Principal’s personal information should be made in writing to the Agent at the contact details included in this agreement. The Agent may charge a reasonable fee where access to personal information is provided (no fee may be charged for making an application to access personal information). The Principal has the right to request the correction of any personal information which relates to the Principal that is inaccurate, incomplete or out-of-date. By signing this agreement, the Principal acknowledges that it has read, understands and accepts the terms of this Privacy Policy and the permissions to collect, use and disclose personal information, and the Principal authorises the Agent to collect, use and disclose, in accordance with the Act, their personal information for the purposes specifed in this Privacy Policy. Disclosure of Rebates, Discounts, Commissions or Benefts 28. In respect of any expenses to be incurred by the Principal or the Agent on behalf of the Principal pursuant to this agreement or if the Agent refers a person to a non-independent service provider, the Agent discloses that the Agent may receive, or expects to receive, the following rebates, discounts, commissions or benefts from third parties: The nature and value of any estimated amount of rebate, Name of Third Party Nature of relationship with Third Party discount, commission or beneft $ $ If no rebate, discount, commission or beneft, write “nil”. Work, Health and Safety 29. i The Principal acknowledges that, at all material times: (a) the Principal has sole management and control of the Premises listed for lease, to the exclusion of the Agent; (b) the Agent acts under the direction, management and control of the Principal to facilitate the lease of the Premises between the Principal and the tenant and in carrying out the Agent’s management and other obligations under this agreement; (c) the Principal is the person conducting a business or undertaking for the purposes of all work, health and safety laws, regulations and other requirements; and (d) in any contracts associated with repairs and maintenance of the Premises, the Agent acts on the Principal’s behalf and the Principal and contractor are the contracting parties. ii The Principal shall be responsible for ensuring that the structure of the Premises is safe and has been maintained to appropriate standards. This includes, but is not restricted to, ensuring the appropriate safety and control in accordance with all environmental and work, health and safety laws, regulations and other requirements, of: (a) any asbestos contamination or hazardous material in the Premises or on the land; (b) any building maintenance units, points of attachment and other fxtures for the purpose of external maintenance (e.g. window cleaning); (c) electrical circuitry including electrical installations, light and power outlets; (d) any ftted plant and substances including lead paint; (e) any confned space including lifts and lift wells; and (f) any walls, barricades, hoardings, stairs and railings that may pose a fall hazard.EXCLUSIVE MANAGEMENT AGENCY AGREEMENT (RESIDENTIAL) The Property, Stock and Business Agents Act 2002 (NSW) and Regulation requires all Agent’s instructions to be in the form of a written agreement. COPYRIGHT JULY 2015 Originated and distributed by and printed and produced for the Real Estate Institute of N.S.W. in whom exclusive copyright vests. WARNING Unauthorised reproduction in whole or in part is an infringement of Copyright. EXCLUSIVE MANAGEMENT AGENCY AGREEMENT 1st Copy: Agent’s copy. 2nd Copy: Principal’s copy. PAGE 6 OF 7 FM00100 – 07/15 www.reinsw.com.au iii The Principal acknowledges, so far as reasonably practicable, that the Principal has thoroughly inspected the Premises prior to lease and that the Premises is: (a) without risk to work, health and safety Yes No OR (b) subject to the risks and controls as advised by the Principal to the Agent in writing Yes No iv The Principal shall authorise the Agent to remedy on behalf of the Principal and at the Principal’s cost any issue arising during the course of the lease which is considered an imminent threat to work, health and safety. Principal’s Authority 30. The Principal warrants that the Principal has authority to enter into this agreement. Premises Fit for Residence 31. The Principal warrants that there is no legal impediment to occupation of the Premises as a residence at the time of entering this agreement and will notify the Agent immediately if any legal impediment to the occupation of the Premises arises during the term of this agreement. Smoke Alarms 32. Without limiting the generality of Clause 31, the Principal warrants that the Premises comply with the Environmental Planning and Assessment Amendment (Smoke Alarms) Regulation 2006 (NSW). Water Efficiency Measures 33. Do the premises contain the water efficiency measures prescribed by the Residential Tenancies Act 2010 (NSW)? Yes No Don’t Know Note: If the prescribed measures are not installed, the landlord may be prevented from recovering water usage charges from the tenant. Acknowledgement 34. The Principal acknowledges being served with a copy of t
his agreement. Signature of Principal Date / / / / Signature of Agent Date / /SCHEDULE SCHEDULE DISBURSEMENTS – PARTICULARS Council Rates Water/Sewerage Rates INSURANCE Company Broker/Agent Other Information INSURANCE POLICIES Name of Insurer Policy Number Date Due Building Contents Landlords’ Protection Other / / / / / / / / STRATA DETAILS Strata Plan No. Lot No. Garage Lot No. Strata Management Agent Address Postcode Phone: Work Home Mobile Fax Email STATEMENTS Statement in name of Forward to Copy to Name Address Postcode Email Name Address Postcode Cheques payable to OR Bank to the credit of Account Number BSB / Bank Branch PRINCIPAL’S REPRESENTATIVE Name Address Postcode Phone: Work Home Email Fax PRINCIPAL’S SOLICITOR Name Address Postcode Phone: Work Home Email Fax SPECIAL INSTRUCTIONS SIGNATURES Date Principal / / Agent / / EXCLUSIVE MANAGEMENT AGENCY AGREEMENT (RESIDENTIAL) The Property, Stock and Business Agents Act 2002 (NSW) and Regulation requires all Agent’s instructions to be in the form of a written agreement. COPYRIGHT JULY 2015 Originated and distributed by and printed and produced for the Real Estate Institute of N.S.W. in whom exclusive copyright vests. WARNING Unauthorised reproduction in whole or in part is an infringement of Copyright. 1st Copy: Agent’s copy. 2nd Copy: Principal’s copy. PAGE 7 OF 7 FM00100 – 07/15 www.reinsw.com.au