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Buyer Broker Exclusive Agreement Template for England and Wales

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Key Requirements PROMPT example:

Buyer Broker Exclusive Agreement

"I need a Buyer Broker Exclusive Agreement for a high-net-worth individual client looking to purchase commercial property in Central London, with specific provisions for off-market opportunities and a success-based commission structure starting from March 2025."

What is a Buyer Broker Exclusive Agreement?

The Buyer Broker Exclusive Agreement is commonly used in England and Wales when a property buyer wishes to secure dedicated professional representation in their property search. This document formalizes the relationship between the parties, ensuring the broker's commitment to the buyer's interests while protecting the broker's right to compensation for their services. The agreement typically includes detailed terms about property search criteria, broker's duties, commission structures, and the exclusive nature of the relationship. It's particularly valuable in competitive property markets where having dedicated professional representation can provide significant advantages in property acquisition.

What sections should be included in a Buyer Broker Exclusive Agreement?

1. Parties: Identifies and defines the broker and buyer

2. Background: Sets out context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Appointment and Scope: Defines the exclusive nature of the appointment and services to be provided

5. Duration: Specifies the term of the agreement and any renewal provisions

6. Broker's Obligations: Details the services and duties the broker will perform

7. Client's Obligations: Specifies the buyer's responsibilities and commitments

8. Fees and Payment: Details compensation structure and payment terms

9. Termination: Sets out circumstances and process for ending the agreement

What sections are optional to include in a Buyer Broker Exclusive Agreement?

1. Non-Circumvention: Prevents direct dealing with properties introduced by broker - recommended for high-value properties or sophisticated buyers

2. Confidentiality: Protects sensitive information exchanged during the engagement - recommended when dealing with sensitive property information or off-market opportunities

3. Force Majeure: Addresses unforeseen circumstances preventing performance - recommended for long-term engagements

4. Data Protection: Addresses handling of personal data - recommended when significant personal data processing is involved

What schedules should be included in a Buyer Broker Exclusive Agreement?

1. Schedule of Fees: Detailed breakdown of fee structure and payment terms

2. Service Level Agreement: Detailed description of services to be provided

3. Property Requirements: Specific criteria for properties the buyer is seeking

4. Excluded Properties: List of properties already known to the buyer or excluded from the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
























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Industries

Estate Agents Act 1979: Primary legislation regulating estate agency work in England and Wales, requiring disclosure of information and setting out obligations for handling client money

Consumer Rights Act 2015: Ensures fairness in consumer contracts, requires transparency in terms and conditions, and prohibits unfair contract terms in business-to-consumer agreements

Consumer Protection from Unfair Trading Regulations 2008: Protects consumers by prohibiting misleading actions and omissions, requiring transparency in business practices, and preventing aggressive commercial practices

Data Protection Act 2018 and UK GDPR: Regulates the handling of personal data, requires privacy notices, and establishes data protection principles for businesses handling client information

Money Laundering Regulations 2017: Sets out requirements for customer due diligence, identity verification, and record-keeping in property transactions to prevent money laundering

Financial Services and Markets Act 2000: Regulates financial services and relevant property investments, particularly important if financial advice is provided as part of brokerage services

Contracts (Rights of Third Parties) Act 1999: Governs how third parties may acquire rights under contracts and affects their ability to enforce contractual terms

Supply of Goods and Services Act 1982: Establishes implied terms about service quality and defines requirements for reasonable care and skill in service provision

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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