The Exclusive Brokerage Contract is essential for establishing a formal, exclusive relationship between a property owner/seller and a licensed real estate broker in Malta. This document is typically used when a property owner wants to ensure focused, dedicated attention from a single broker or agency, potentially leading to more effective marketing and better sales outcomes. The agreement, governed by Maltese law, particularly the Real Estate Agents, Property Brokers and Property Consultants Act, includes detailed provisions on exclusivity periods, commission structures, marketing commitments, and service obligations. It protects both parties' interests by clearly defining the scope of exclusive rights, responsibilities, and compensation terms, while ensuring compliance with local regulatory requirements.
Exclusive Brokerage Contract for Malta
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Exclusive Brokerage Contract
"I need an Exclusive Brokerage Contract under Maltese law for a luxury residential property in Valletta, with a six-month exclusivity period starting March 1, 2025, and including standard commission rates for the local market."
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1. Parties: Identification of the broker and the client, including license numbers and full legal details
2. Background: Context of the agreement and brief description of the parties' intention to enter into an exclusive brokerage relationship
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Exclusive Period', 'Commission', and 'Transaction'
4. Appointment and Scope: Express appointment of the broker as exclusive agent and detailed scope of services to be provided
5. Duration and Exclusivity: Term of the agreement and specific provisions regarding the exclusive nature of the appointment
6. Broker's Obligations: Detailed listing of the broker's duties, responsibilities, and service commitments
7. Client's Obligations: Client's responsibilities, including providing accurate information and maintaining exclusivity
8. Commission Structure: Details of fees, commission rates, payment terms, and circumstances triggering payment obligations
9. Marketing and Promotion: Agreed marketing activities and authorization to advertise the property
10. Termination: Circumstances and procedures for ending the agreement, including notice requirements
11. Confidentiality: Obligations regarding confidential information and data protection
12. Governing Law and Jurisdiction: Confirmation of Maltese law as governing law and jurisdiction for disputes
1. Protection Period: Post-termination period during which commission remains payable for specified transactions - include when requested by broker
2. Additional Services: Description of any supplementary services offered beyond standard brokerage - include when additional services are part of the package
3. Sub-Agents: Terms governing the appointment and use of sub-agents - include when sub-agents may be involved
4. International Marketing: Specific provisions for international marketing efforts - include for high-value properties or when international buyers are targeted
5. Force Majeure: Provisions for unforeseeable circumstances preventing performance - include for longer-term agreements
6. Insurance and Liability: Detailed provisions on insurance requirements and liability limitations - include for high-value properties
7. Anti-Money Laundering: Specific AML compliance obligations - include for high-value transactions or when dealing with corporate clients
1. Property Details: Detailed description of the property, including address, specifications, and asking price
2. Commission Schedule: Detailed breakdown of commission rates, including any sliding scales or special circumstances
3. Marketing Plan: Specific marketing activities, timelines, and budgets
4. Broker's License and Qualifications: Copies of relevant licenses, certifications, and professional qualifications
5. Approved Marketing Materials: Templates or examples of approved marketing materials and property descriptions
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Commercial Property
Residential Property
Retail Property
Industrial Property
Hospitality
Asset Management
Investment Services
Property Investment
Relevant Teams
Legal
Real Estate
Sales
Business Development
Compliance
Operations
Commercial
Property Management
Contracts Administration
Risk Management
Relevant Roles
Real Estate Broker
Property Agent
Real Estate Agent
Property Consultant
Sales Director
Business Development Manager
Property Manager
Asset Manager
Legal Counsel
Compliance Officer
Contract Manager
Real Estate Director
Operations Manager
Commercial Director
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