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The Real Estate Agent Contract With Seller is a crucial document in South African property transactions that formalizes the relationship between property sellers and their chosen real estate agents. This agreement is essential when a property owner wishes to engage professional services for selling their property, whether residential or commercial. The document is structured to comply with South African legislation, particularly the Property Practitioners Act 22 of 2019, the Consumer Protection Act, and relevant property laws. It details the agent's authority to market the property, the agreed commission structure, the duration of the mandate, and specific obligations of both parties. The contract typically includes provisions for marketing strategies, property pricing, viewing arrangements, and commission payment terms, while also addressing regulatory requirements such as FICA compliance and professional indemnity insurance.

1. Parties: Identification of the Seller and the Estate Agent/Agency, including full legal names, registration numbers (if applicable), and contact details

2. Background: Brief context explaining the Seller's intention to sell the property and appoint the Agent

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Property', 'Mandate', 'Commission', and 'Effective Date'

4. Appointment and Mandate: Formal appointment of the agent and specification of whether it's a sole, exclusive, or open mandate

5. Duration of Mandate: Period of the agency agreement, including start and end dates, and any provisions for extension

6. Agent's Obligations: Detailed listing of the agent's duties, including marketing efforts, showing the property, and reporting requirements

7. Seller's Obligations: Seller's commitments, including providing access to the property and necessary documentation

8. Commission Structure: Details of the agent's commission, including percentage, calculation method, and when it becomes payable

9. Property Details: Comprehensive description of the property, including physical address and registration details

10. Selling Price: Agreed listing price or price range for the property

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

12. Professional Indemnity: Agent's professional insurance and liability provisions

13. Termination: Conditions under which either party may terminate the agreement

14. Dispute Resolution: Process for handling disputes between parties

15. General Provisions: Standard contract clauses including notices, whole agreement, and governing law