The Exclusive Agency Listing Agreement Form is a crucial document in South African real estate transactions, designed to establish a formal, exclusive relationship between property owners and real estate agencies. This agreement is essential when property owners wish to engage a single agency to market and sell their property, providing the agency with exclusive rights for a specified period. The document must comply with the Property Practitioners Act 22 of 2019, the Consumer Protection Act, and other relevant South African legislation. It typically includes detailed provisions for marketing strategy, commission structures, property access arrangements, and the specific obligations of both parties. The agreement is particularly important in protecting the interests of both the property owner and the estate agency, ensuring clear communication of expectations and responsibilities, and providing a legal framework for the successful marketing and sale of the property.
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1. Parties: Full legal names and details of the estate agency and the property owner
2. Background: Context of the agreement and brief description of the property to be marketed
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Details: Comprehensive description of the property including physical address, erf number, and size
5. Appointment and Mandate: Terms of the exclusive agency appointment and scope of authority
6. Duration: Period of the exclusive mandate and any renewal provisions
7. Listing Price: Agreed listing price range and pricing strategy
8. Commission: Commission rate, calculation method, and payment terms
9. Agent's Obligations: Detailed responsibilities of the estate agency including marketing commitments
10. Owner's Obligations: Property owner's responsibilities and commitments
11. Marketing Strategy: Agreed marketing approach and activities
12. Property Access: Terms for property access for viewings and inspections
13. Termination: Conditions and process for terminating the agreement
14. Signatures: Execution clause and signature blocks for all parties
1. Dual Mandate Provision: Used when allowing for possibility of dual mandate under specific conditions
2. Virtual Viewing Terms: Include when offering virtual property viewings
3. International Marketing: Include when property will be marketed internationally
4. Property Developer Terms: Special terms for new developments or off-plan sales
5. Distressed Property Provisions: Include when property is being sold under financial distress
6. Multiple Owner Provisions: Include when property has multiple owners
7. Tenant Provisions: Include when property is currently tenanted
1. Schedule A - Property Specification: Detailed property specifications, including fixtures and fittings
2. Schedule B - Marketing Plan: Detailed marketing strategy and timeline
3. Schedule C - Commission Structure: Detailed breakdown of commission calculations and scenarios
4. Schedule D - Property Condition Report: Current condition of the property and any known defects
5. Appendix 1 - Property Photos: Current photographs of the property
6. Appendix 2 - Property Documents: Copies of title deed, plans, and other relevant property documents
7. Appendix 3 - Compliance Certificates: List of required compliance certificates and their status
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Property Management
Construction
Legal Services
Financial Services
Property Investment
Commercial Property
Residential Property
Corporate Real Estate
Relevant Teams
Legal
Compliance
Real Estate
Property Management
Sales
Business Development
Marketing
Operations
Risk Management
Corporate Services
Documentation
Relevant Roles
Real Estate Agent
Property Practitioner
Estate Agency Principal
Property Manager
Legal Counsel
Compliance Officer
Real Estate Broker
Sales Director
Property Developer
Corporate Real Estate Manager
Property Portfolio Manager
Conveyancing Attorney
Business Development Manager
Real Estate Marketing Manager
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