Authority to Lease Commercial Premises
Address of property (‘the Property’):
APPOINTMENT
Sole
General
(If neither indicated then the Agency shall be General)
I/We,
(‘the Client’)
appoint Leaders Real Estate (1987) Limited (’the Agent’), licensed under the Real Estate Agents Act 2008, to lease all space that is, or may become, available for lease
by the Client in the Property during the term of this Agreement.
If this Agreement specifies a General Agency it shall commence immediately and shall continue until the Client gives not less than 7 days prior written notice of
termination or until
, whichever is the later.
If this Agreement specifies a Sole Agency it shall commence immediately and shall continue until
. Upon expiry of
the Sole Agency, the Client grants the Agent a General Agency which shall continue until the Client gives not less than 7 days prior written notice that the Agreement
is terminated. Where the instructions to the Agent relate to a Sub-Lease or Assignment of Lease the word ‘lease’ is substituted by the word ‘Sub-Lease’ or ‘Assignment
of Lease’ as the case may be. A Sole Agency may be cancelled by the Client by 5.00pm on the first working day after being given a copy of this Agreement.
COMMISSION
General Agency: If the Client enters into a contract to lease the Property, or part of it, which is or becomes unconditional to a customer introduced by the Agent, the
Client agrees to pay the Agent a leasing commission equivalent to 2 months gross rental plus $500 (plus GST) but with a minimum commission of $2,500 (plus GST).
Sole Agency: If the Client, with or without the assistance of any agent, enters into a contract to lease the Property, or part of it, during the Sole Agency period, or after
that period to a customer introduced by the Agent during that period, the Client agrees to pay the Agent a leasing commission equivalent to 2 months gross rental plus
$500 (plus GST) but with a minimum commission of $2,500 (plus GST).
For both General and Sole Agencies, the gross rental on which the commission is based shall be the highest annual contract gross rental (excluding GST) up to the first
rent review of the lease including carparks and any operating expenses recoverable from the Tenant, including chattels rent and fitout amortising loan, but excluding
any inducements (eg stepped rentals during the initial term, rent holidays and contributions to fitouts). A commission shall also be payable for any fixtures, fittings and
chattels sold to the Tenant and/or ingoings (key money) payable by the Tenant, calculated on 5% of the amount payable (plus GST).
The commission must be paid if the above requirements for General Agency or Sole Agency respectively are met, and is due and payable upon the lease contract
being or becoming unconditional. Commission is estimated to be:
For (A) below $
For (B) below $
For (C) below $
plus GST.
(Note: This fee estimate is based on the mid-point of the appraised rental. Should a higher or lower rental be obtained then the fee will be adjusted according to the
commission formula.)
The Client authorises the Agent:
AUTHORISATION
1.
To enter the Property at all reasonable times for the purposes of giving effect to this Agreement.
2.
To collect a rental deposit from the Tenant and to hold this in the Agent’s trust account as required by law, and when entitled, to deduct the Agent’s commission
plus any advertising or other expenses agreed in writing from the funds held. Should the Agent not collect a deposit, or the deposit collected is insufficient to cover
the commission, the Client agrees to pay the commission, or the balance of it, immediately on receipt of the Agent’s tax invoice.
3.
To market the Property through the RE/MAX Leaders and other websites, brochures and other printed materials as the Agent considers appropriate. There will be no
additional charge for these marketing materials unless the Client and the Agent subsequently agree to additional marketing expenses by a further agreement in
writing. The Client is not obliged to agree to any additional marketing expenses.
4.
To erect signage on the Property providing that the sign shall comply with the requirements of the relevant territorial authority.
5.
To disclose details of any lease concluded by the Agent to Registered Valuers for valuation purposes only and to use these details for the Agent’s future lease
appraisals.
APPRAISAL
Description of property (or parts of it):
Appraised lease range (gross pa pm²/gross pa, plus GST)
(A)
$
to $
(B)
$
to $
(C)
$
to $
Carparks pw (plus GST)
In the Agent’s opinion the Property (or above parts of it) should lease within this rental range, depending on length of lease, inducements, other lease terms and
conditions and the balance of supply/demand. This appraisal is subject to any changes in economic conditions from the date of this Agreement.
The Agent will provide written notice of any material change which may occur to the appraised rental range and consequent change in the commission estimate for
the Property or any part of it.
STATUTORY DISCLOSURES
Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009:
Rule 9.8(c): Further information on agency agreements and contractual documents is available from the Real Estate Agents Authority (www.reaa.org.nz).
Rule 9.9:
The Client can, and may need to, seek legal, technical or other advice and information before signing this Agreement.
Rule 9.11:
Should this Agreement specify a Sole Agency the Client may be liable to pay full commission to more than one agent in the event a lease contract is
concluded.
Rule 10.2:
the Agent’s in-house procedure for dealing with complaints and dispute resolution is printed on the back of this Agreement.
Rule 10.3:
The Client may access the Real Estate Agency Authority’s complaint process without first having to use the Agent’s in-house procedures. The Client can use
the Agent’s in-house procedures and also make a complaint to the Authority.
CLIENT DISCLOSURES
Yes
No
▪ Is the Client registered for GST?
Yes
No
Has any other Agency Authority for the Property been given to any other agent?
Yes
No
▪
Does the Property/complex have a current Building Warrant of Fitness?
Yes
No
▪
Is the Client aware of any of the following matters which directly or indirectly affects the Property in a material way and/or may affect a
customer’s decision to lease the Property:
Yes
No
▪
Is the Property part of a Body Corporate?
If ‘Yes’ please provide a copy of the Body Corporate Rules and any accompanying documentation that may affect the leasing of the Property.
▪
1. Any known defects or significant potential risk from possible hidden or underlying defects?
2. Any consent or waiver given or any notice or demand or any requisition or outstanding requirement from a local or government authority or
other statutory body, or under the Resource Management Act 1991, or from any Tenant of the Property?
Yes
No
3. Any works completed which may or may not have, or was not completed in accordance with, required permits/local body consent?
Yes
No
4. Any works likely to be required during the lease or any pending works on adjoining property or in the immediate area (especially in the event
the Client has signed related agreements or consents to)?
Yes
No
5. Any past or present water penetration issue(s)?
Yes
No
The Client undertakes to disclose to the Agent (in writing, addressed to the Director, (Leaders Real Estate (1987) Limited) details of any of the above
matters that the Client is aware of or becomes aware of between the date of this Agreement and the date of its termination.
I/We warrant that I/we have the authority to sign this Agreement on behalf of the Client.
Signed for and on behalf of the Client
Mailing address:
Signed:
Ph:
(
)
Name (please print):
Mob:
(
)
Position:
Fax:
(
)
Date:
/
/
Email:
Signed for and on behalf of Leaders Real Estate (1987) Limited
Date:
/
/
Signed:
Name:
15 Brandon Street, PO Box 1747, Wellington 6001, ph 04 473 3822, fax 04 494 1179, www.leaders.co.nz
In-House Complaints and Disputes Resolution Process
1
Leaders Real Estate (1987) Limited (‘RE/MAX Leaders’) shall maintain a Register of Complaints and Disputes (‘the Register’).
2
Prospective clients, clients and customers (‘Client’) may lodge a complaint or give notice of a dispute
using RE/MAX Leaders in-house procedures as well as accessing the Real Estate Agents Authority complaints process.
3
Clients who wish to lodge a complaint or have a dispute resolved (‘complaint’) and use RE/MAX Leaders in-house procedures
can either:
▪ contact the business owner of RE/MAX Leaders by telephone and outline the nature of their complaint; or
▪ write to the business owner formally lodging the complaint.
5
4
If a Client chooses to contact RE/MAX Leaders, the
business owner will talk through all issues raised, either
during the initial phone call or if necessary during a
return phone call.
If the Client chooses to raise their complaint formally
(either in the first instance or if they are not satisfied by
the explanations given), then the Client shall write to the
business owner and state:
If the Client is satisfied with the explanations given, the
business owner will write a letter to the Client within 5
working days outlining the nature of the complaint and
explanations given.
▪
▪
▪
▪
▪
the nature of their complaint
the salesperson licensee the complaint is against
all parties involved in the complaint
the remedy being sought
the complainant’s full name and address
The business owner shall create a file and enter the file
reference in the Register.
6
The business owner shall create a file and enter the file reference in the Register and shall send a letter acknowledging receipt of
the complaint within 2 working days. The business owner shall obtain a written response from the salesperson within
5 working days of receipt of the complaint.
7
The business owner shall respond in writing within 10 working days of receipt of the complaint and cover:
▪
▪
▪
▪
▪
the nature of the complaint
the salesperson’s response
a suggested resolution
ask whether the complainant accepts or rejects the suggested resolution
an invitation to meet in the offices of RE/MAX Leaders to discuss the complaint further
8
Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009
Rule 10.3:
The Client can access the Real Estate Agency Authority’s complaint process without first having to use
the Agent’s in-house procedures. The Client can use the Agent’s in-house procedures and also make a
complaint to the authority.
www.reaa.govt.nz
9
Business Owner:
Rob Garlick - Director
Address:
Leaders Real Estate (1987) Limited
(Licensed Agent REA Act 2008)
(Licensed under the REA Act 2008)
Mob: 0274 434 979
Ph: 04 494 5470
Email: rgarlick@leaders.co.nz
15 Brandon Street
Wellington 6001
www.leaders.co.nz