The Buyer Broker Agreement Form serves as a crucial legal instrument in Indian real estate transactions, establishing a formal relationship between property buyers and real estate brokers. This document becomes necessary when a potential buyer seeks professional assistance in identifying, evaluating, and purchasing property, whether residential or commercial. The agreement, regulated under the Real Estate (Regulation and Development) Act, 2016 (RERA) and various state-specific laws, outlines essential elements including the broker's services, compensation structure, exclusivity terms, and duration of engagement. It provides legal protection to both parties by clearly defining their rights, responsibilities, and expectations, while ensuring compliance with Indian real estate regulations and professional standards.
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1. Parties: Identification of the buyer and the broker/brokerage firm with complete details including RERA registration numbers
2. Background: Context of the agreement and brief overview of the arrangement between parties
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Appointment and Scope of Services: Formal appointment of broker and detailed description of services to be provided
5. Term and Termination: Duration of the agreement and conditions for termination by either party
6. Broker's Rights and Obligations: Detailed responsibilities and duties of the broker including property search, negotiations, and documentation
7. Buyer's Rights and Obligations: Responsibilities of the buyer including providing accurate information and cooperation
8. Compensation Structure: Details of broker's commission, payment terms, and conditions for payment
9. Exclusivity Terms: Whether the agreement is exclusive or non-exclusive and related conditions
10. Confidentiality: Obligations regarding confidential information shared during the engagement
11. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority
12. Indemnification: Mutual indemnification clauses protecting parties against specified losses
13. Dispute Resolution: Process for resolving disputes including jurisdiction and governing law
14. Notices: Method and addresses for formal communications between parties
15. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. Property Requirements: Detailed specifications of the type of property the buyer is seeking - used when buyer has specific requirements
2. Success Fee: Additional performance-based compensation structure - included when there's a bonus arrangement
3. Multiple Location Services: Terms for broker services across different cities/locations - used when search spans multiple areas
4. Team Designation: Named individuals from broker's team assigned to the buyer - included for larger brokerage firms
5. Digital Services: Terms for virtual property tours and online services - relevant for remote buying arrangements
6. Foreign Investment Compliance: Additional terms for foreign buyers - included when buyer is an NRI or foreign national
1. Schedule A - Service Fee Structure: Detailed breakdown of all fees, commissions, and payment terms
2. Schedule B - Property Requirements: Detailed specifications of desired property including location, size, budget, and amenities
3. Schedule C - Excluded Properties: List of properties or developments explicitly excluded from the agreement
4. Schedule D - Authorized Representatives: List of authorized persons who can act on behalf of either party
5. Appendix 1 - Required Documents: List of documents required from buyer for property transactions
6. Appendix 2 - Service Level Standards: Detailed performance standards and response times for broker services
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Commercial Property
Residential Property
Real Estate Investment
Property Management
Professional Services
Legal Services
Financial Services
Relevant Teams
Legal
Real Estate
Compliance
Business Development
Client Relations
Property Acquisition
Contract Administration
Risk Management
Operations
Relevant Roles
Real Estate Agent
Property Broker
Real Estate Consultant
Property Advisor
Legal Counsel
Compliance Officer
Real Estate Manager
Property Acquisition Manager
Real Estate Transaction Coordinator
Business Development Manager
Client Relations Manager
Contract Administrator
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