The Sole Agency Agreement is a crucial document in Malta's real estate industry, used when a property owner wishes to grant exclusive rights to a single agent or agency to market and sell their property. This exclusivity means that even if another agent finds a buyer, the commission is payable to the sole agent. The agreement must comply with Malta's Real Estate Agents, Property Brokers and Property Consultants Act and related regulations, including data protection and consumer protection laws. It typically includes detailed sections on commission structures, marketing authorizations, agent obligations, and property details. The document is particularly important in Malta's competitive real estate market, where clear exclusive rights and professional obligations need to be established to protect all parties' interests.
Sole Agency Agreement for Malta
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Key Requirements PROMPT example:
Sole Agency Agreement
"I need a standard Sole Agency Agreement under Maltese law for a residential property in Sliema, with a 6-month exclusive period starting from March 1, 2025, including standard commission rates and basic marketing provisions."
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1. Parties: Identification of the Agent and the Property Owner/Client with full legal names and addresses
2. Background: Context of the agreement, including brief description of the property and the owner's intention to sell/lease
3. Definitions: Key terms used throughout the agreement including 'Property', 'Sole Agency Period', 'Commission', 'Asking Price'
4. Appointment and Scope: Explicit appointment of agent as sole agent and detailed scope of services
5. Duration: Term of the sole agency agreement, including start date and initial period
6. Agent's Rights: Exclusive rights granted to the agent during the sole agency period
7. Agent's Obligations: Detailed responsibilities of the agent including marketing, viewings, and reporting
8. Client's Obligations: Property owner's responsibilities, including providing accurate information and access to the property
9. Commission Structure: Detailed breakdown of commission rates, when payable, and payment terms
10. Marketing Authorization: Consent for specific marketing activities and use of property information
11. Data Protection: GDPR compliance and handling of personal data
12. Termination: Conditions for ending the agreement, notice periods, and consequences
13. Governing Law: Specification of Maltese law as governing law and jurisdiction
1. International Marketing: Additional provisions for marketing the property internationally, used for high-value properties or when targeting foreign buyers
2. Multiple Properties: Additional terms for cases where the owner is listing multiple properties through the agent
3. Special Conditions: Any unique requirements or conditions specific to the property or circumstances
4. Sub-Agents: Terms governing the appointment and management of sub-agents, if permitted
5. Virtual Viewings: Specific provisions for virtual property viewings and online marketing
6. Force Majeure: Provisions for unforeseen circumstances preventing performance of obligations
1. Schedule 1 - Property Details: Detailed description of the property, including address, specifications, and included fixtures and fittings
2. Schedule 2 - Commission Rates: Detailed breakdown of commission structures, including any sliding scales or special rates
3. Schedule 3 - Marketing Plan: Specific marketing activities and timeline proposed by the agent
4. Schedule 4 - Property Documentation: List of all property-related documents provided by the owner
5. Appendix A - Agency Marketing Materials: Samples or templates of marketing materials to be used
6. Appendix B - Required Property Certificates: List of required certificates and documentation for property sale under Maltese law
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