Domain brokerage agreement: what to get in writing

People search for domain brokerage agreement templates because they want to know what protects them before a broker starts work. The useful document is not a long lawyer draft. It is a written record of scope, authority, fees, confidentiality, walk-away rights, and what happens when the deal closes or dies.

A broker who will not put those six things in writing is either running too informally or expecting terms you have not agreed to. Mismatched expectations on exclusivity, success fees, or whether the broker can disclose your identity cause more disputes than the domain purchase itself. See what a domain broker does for the role, and how to choose a domain broker for when to hire one.

This piece does not give you a fill-in-the-blank contract. It does not commit a broker, or Perfect Domain, to terms. It does not replace legal advice. A written agreement is how you avoid surprises when money is moving or a deal falls over.

Write which domain or domains the broker is working on, whether the engagement is exclusive or non-exclusive, and how long the arrangement runs. An exclusive domain brokerage agreement stops you from approaching the seller yourself or through another broker during the term. A non-exclusive arrangement lets you run parallel paths, but the first broker to produce a deal may still claim the fee.

If you are considering multiple names, list them. If you want the broker to research alternates, say so. A broker hired to acquire example.com.au is not automatically cleared to chase example.net.au or exampleco.com.au at the same budget. Write the list, or write the rule for adding names, so the scope does not drift.

Australian .com.au and .au domains have eligibility rules. Confirm you can hold the licence before the broker starts. If eligibility is uncertain, the agreement should say who checks it and whether the broker gets paid if the deal stops at transfer. See how to brief a domain broker for what goes in the initial brief.

Authority means what the broker can commit to without asking you first. The safest default is: the broker can make enquiries and relay offers, but cannot accept terms, sign contracts, or transfer money on your behalf. If you want the broker to act as a principal or to bind you to a price within a set range, that authority has to be written down.

A domain brokerage agreement should say whether the broker can disclose your identity, your budget, or the intended use. Some buyers want anonymity throughout; others are willing to reveal themselves once negotiation is serious. If you have a privacy rule, write the exact line the broker will use when the seller asks who is behind the enquiry.

Also write what happens if the seller names a price above your walk-away. Can the broker counter, or do they come back to you first? Can they offer a deposit to hold exclusivity while you decide? If those moves need approval, the agreement is where you say so.

Broker fees are usually a percentage of the purchase price, a flat amount, or a mix of retainer plus success fee. The agreement should say which model applies, when payment is due, and what counts as success. A deal that completes at transfer is clear. A deal where the seller agrees to terms but you walk away for business reasons is less clear.

If the broker is working on multiple names, does the fee apply per domain, per transaction, or once for the engagement? If the seller offers a package of names, does the broker get paid on the bundle price or the primary domain only? Write the rule before the deal shape is known, so the math is not a negotiation later.

See domain broker fees explained for how brokers charge. The agreement should also say who pays for escrow, legal review, and any third-party valuation. Those costs can add up, and they are separate from the broker's fee.

A domain brokerage agreement should bind the broker to confidentiality: they do not disclose the buyer's identity, budget, strategy, or internal discussions without permission. If you are in a competitive category or the acquisition is part of a rebrand, that protection matters. The agreement can also bind you to confidentiality if the broker shares seller information you should not repeat.

Walk-away rights set when you can stop the engagement and what happens to fees already paid. If you are paying a retainer, is it refundable if no deal happens? If the broker sources a deal that meets your brief but you choose not to proceed, do they still get paid? Write the outcome so neither side is guessing when the job ends.

Also write what happens if the seller will not engage, the domain turns out to be unavailable, or the price is ten times your walk-away. Can you end the arrangement early, or are you locked in for the full term? A domain acquisition can stall for reasons that have nothing to do with the broker's effort, and the agreement should account for that.

The handoff is where informal arrangements break. Write who manages escrow, who confirms transfer, and when the broker's job is complete. If the broker is arranging payment and transfer, the agreement should say so. If you are handling those steps directly, the broker should not still be in the loop when money moves.

If the deal does not happen, the agreement should say whether the broker can re-approach the seller after the term ends, whether you can hire another broker for the same domain, and whether any work product — valuation reports, seller research, negotiation notes — stays with you or the broker.

Also write how disputes get resolved. If there is a disagreement about whether the deal met the brief, whether the broker's introduction caused the sale, or whether the fee is owed, the agreement should say whether you go to mediation, arbitration, or court, and which jurisdiction applies. That clause is usually ignored until it is needed, and then it is the only clause that matters.

This article is not legal advice. It does not create a broker-client relationship, and it does not commit Perfect Domain to any particular terms. Before signing a domain brokerage agreement, review it with a lawyer who understands commercial contracts and domain transactions.

Different brokers have different standard terms. Some will negotiate the fee structure, the exclusivity period, or the confidentiality scope. Others work on fixed terms. If the broker will not put the arrangement in writing, or will not explain a clause that concerns you, that is a signal to pause.

A written domain brokerage agreement protects both sides. It does not guarantee a successful purchase, but it does make clear what happens if the deal works, if it does not, or if expectations diverge halfway through. If you are ready to brief a broker, getting the terms in writing should be the easy part. If it is not, you are not ready to start.

Perfect Domain brokers premium domain acquisitions and sales for Australian and global clients. We work on written terms that cover scope, fees, confidentiality, and authority. If you are considering a domain purchase and want to know whether brokered acquisition is the right path, contact us for an initial discussion. We do not charge for that conversation, and we will tell you if direct purchase makes more sense for your situation.