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Agency PracticeAgency AgreementsNSWMEDIUM

An agent drafts a 120-day exclusive agency agreement for a residential sale. What termination right must the agreement give the vendor?

Correct Answer

C) To end it without penalty on 30 days' written notice after the first 90 days

Schedule 6, clause 4 of the Property and Stock Agents Regulation 2022 says a residential sale agency agreement with a fixed term of more than 90 days must let the client terminate without penalty by giving 30 days' written notice at any time after the end of the first 90 days. A 120-day agreement is caught.

Answer Options
A
To end it without penalty on 14 days' written notice at any time during the term
B
No right, because a fixed-term exclusive agreement binds both parties until it expires
C
To end it without penalty on 30 days' written notice after the first 90 days
D
To end it without penalty on 30 days' written notice, but only after the first 60 days of the term

Why This Is the Correct Answer

The Regulation fixes the trigger (term over 90 days), the timing (after day 90) and the notice (30 days in writing).

Why the Other Options Are Wrong

Background Knowledge for Agency Practice

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