The Exclusive Seller Brokerage Engagement Agreement is a crucial document in Danish real estate transactions, used when a property owner wishes to engage a single broker for the sale of their property. This agreement, governed by Danish law including the Estate Agents Act (Ejendomsm脙茠脗娄gerloven), grants the broker exclusive rights to market and sell the property for a defined period. It's particularly important as it protects both the broker's interests by ensuring exclusive selling rights and the seller's interests by clearly defining the scope of services, obligations, and commission structure. The document should be used whenever a property owner decides to sell through a single broker rather than multiple agents, typically including detailed provisions for marketing strategies, property valuation, showing procedures, and commission terms. The agreement's exclusive nature means the seller cannot engage other brokers during the contract period, making it a significant commitment for both parties.
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Key Requirements PROMPT example:
Exclusive Seller Brokerage Engagement Agreement
I need an Exclusive Seller Brokerage Engagement Agreement for a commercial office building in Copenhagen, with provisions for international marketing and a minimum 6-month exclusivity period starting March 1, 2025; must include dual-language requirements and special commission terms for sales to international buyers.
1. Parties: Identification of the seller(s) and the brokerage firm, including full legal names, addresses, and registration numbers
2. Background: Brief context about the property sale intention and the purpose of engaging the broker
3. Definitions: Key terms used throughout the agreement including 'Property', 'Exclusive Period', 'Commission', 'Marketing Materials', etc.
4. Appointment and Scope: Declaration of exclusive appointment and detailed scope of brokerage services to be provided
5. Property Details: Complete description and identification of the property being sold, including address and registration details
6. Duration and Exclusivity: Term of the agreement, exclusivity provisions, and conditions for termination or extension
7. Broker's Obligations: Comprehensive list of broker's duties, including marketing efforts, showing the property, negotiating with potential buyers
8. Seller's Obligations: Seller's responsibilities including providing accurate information, maintaining the property, and cooperating with the broker
9. Commission Structure: Detailed breakdown of commission rates, when commission becomes payable, and any minimum fees
10. Marketing Authorization: Seller's authorization for specific marketing activities and use of property information
11. Data Protection: GDPR compliance provisions and how personal data will be handled
12. Liability and Insurance: Scope of broker's liability, insurance requirements, and any limitations
13. Termination: Conditions and process for terminating the agreement, including any notice periods
14. Governing Law and Disputes: Confirmation of Danish law application and dispute resolution procedures
15. Signatures: Execution block for all parties
1. Multiple Properties: Additional provisions when the agreement covers multiple properties
2. International Marketing: Specific provisions for marketing the property internationally
3. Virtual Tours: Terms regarding creation and usage of virtual tours and 3D imaging
4. Auction Provisions: Specific terms if the property may be sold by auction
5. Property Management: Terms for managing the property during the sale period if required
6. Dual Agency: Provisions for situations where the broker may represent both buyer and seller
7. Special Conditions: Any unique requirements or conditions specific to the property or seller
8. Success Fee: Additional compensation structures based on achieving specific sale prices
1. Schedule 1 - Property Details: Detailed property information including lot size, floor plans, and technical specifications
2. Schedule 2 - Commission Structure: Detailed breakdown of commission calculations and payment terms
3. Schedule 3 - Marketing Plan: Specific marketing activities, timeline, and budget
4. Schedule 4 - Property Documentation: List of all property-related documents provided by the seller
5. Schedule 5 - Service Level Agreement: Detailed description of service standards and response times
6. Appendix A - Property Photographs: Approved photographs for marketing purposes
7. Appendix B - Property Condition Report: Current condition assessment of the property
8. Appendix C - Price Analysis: Market analysis and recommended pricing strategy
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Commercial Property
Residential Property
Retail
Industrial
Hospitality
Agriculture
Office Space
Mixed-Use Development
Relevant Teams
Legal
Real Estate
Sales
Compliance
Property Management
Business Development
Asset Management
Transaction Advisory
Contract Administration
Risk Management
Relevant Roles
Real Estate Broker
Property Manager
Legal Counsel
Contract Manager
Real Estate Agent
Sales Director
Business Development Manager
Property Developer
Asset Manager
Real Estate Partner
Compliance Officer
Transaction Manager
Corporate Lawyer
Estate Agent
Property Consultant
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