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Sole Selling Rights Agreement for Malta

Sole Selling Rights Agreement Template for Malta

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Sole Selling Rights Agreement

"I need a Sole Selling Rights Agreement under Maltese law for my luxury villa in Valletta, with a 6-month exclusivity period starting from January 2025 and including international marketing provisions."

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Sole Selling Rights Agreement

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What is a Sole Selling Rights Agreement?

The Sole Selling Rights Agreement is a crucial document in the Maltese real estate industry that establishes an exclusive relationship between a property owner and a real estate agent. This agreement is particularly important in Malta's dynamic property market, where clear definition of rights and obligations is essential. The document is used when a property owner wishes to grant exclusive selling rights to a single agent or agency, typically for a defined period. It covers essential elements such as commission structures, marketing requirements, property details, and termination provisions, all while ensuring compliance with Maltese legal requirements. The agreement protects both parties' interests by clearly defining the scope of exclusivity and the circumstances under which commission becomes payable, making it a fundamental tool for professional real estate transactions in Malta.

What sections should be included in a Sole Selling Rights Agreement?

1. Parties: Identification of the property owner/seller and the appointed real estate agent, including full legal names, registration numbers (if applicable), and addresses

2. Background: Context of the agreement, including brief description of the property and the owner's intention to grant sole selling rights

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Sole Selling Rights', 'Commission', 'Effective Date', etc.

4. Appointment and Scope: Express appointment of the agent with sole selling rights and detailed scope of services to be provided

5. Duration: Term of the agreement, including start date and initial period

6. Agent's Rights: Detailed description of the exclusive rights granted to the agent

7. Agent's Obligations: Specific duties and responsibilities of the agent, including marketing efforts, showing the property, etc.

8. Owner's Obligations: Owner's responsibilities, including providing access to the property and necessary documentation

9. Commission Structure: Detailed breakdown of commission rates, payment terms, and circumstances under which commission becomes payable

10. Property Details: Specific information about the property, including asking price or price range

11. Marketing Requirements: Minimum marketing activities to be undertaken by the agent

12. Termination: Circumstances and procedures for terminating the agreement

13. Post-Termination Rights: Rights and obligations that survive termination, including commission rights for introduced buyers

14. Governing Law and Jurisdiction: Confirmation of Maltese law as governing law and jurisdiction for disputes

What sections are optional to include in a Sole Selling Rights Agreement?

1. Data Protection: Required when personal data processing is involved, detailing GDPR compliance measures

2. Online Marketing: Specific provisions for digital marketing when the agent will conduct significant online promotion

3. International Marketing: Additional provisions for marketing the property internationally

4. Sub-Agents: Terms governing the appointment and management of sub-agents, if permitted

5. Force Majeure: Provisions for handling unforeseen circumstances preventing performance

6. Anti-Money Laundering: Specific provisions regarding AML compliance when dealing with high-value properties

7. Alternative Dispute Resolution: Provisions for mediation or arbitration as alternatives to court proceedings

What schedules should be included in a Sole Selling Rights Agreement?

1. Property Schedule: Detailed description of the property, including boundaries, fixtures and fittings, and any exclusions

2. Commission Schedule: Detailed breakdown of commission rates, including any sliding scales or special circumstances

3. Marketing Plan: Detailed marketing strategy and minimum activities to be undertaken

4. Property Documentation: List of all property-related documents provided by the owner

5. Approved Marketing Materials: Templates or examples of approved marketing materials and property descriptions

6. Service Level Agreement: Detailed performance metrics and service standards for the agent

Authors

Alex Denne

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

Relevant legal definitions



























Clauses































Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Retail Property

Industrial Property

Hospitality

Tourism

Investment Services

Property Management

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Property Management

Operations

Contract Administration

Marketing

Asset Management

Relevant Roles

Real Estate Agent

Property Broker

Sales Director

Business Development Manager

Property Manager

Legal Counsel

Contracts Manager

Real Estate Partner

Property Consultant

Sales Manager

Managing Director

Compliance Officer

Property Developer

Asset Manager

Industries







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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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