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Exclusive Tenant Brokerage Agreement for Canada

Exclusive Tenant Brokerage Agreement Template for Canada

This document is a legally binding agreement used in the Canadian real estate market that establishes an exclusive relationship between a commercial tenant and a licensed real estate broker or brokerage firm. The agreement grants the broker exclusive rights to represent the tenant in finding and securing suitable commercial property for lease, outlining the scope of services, compensation structure, and duration of the exclusive arrangement. It incorporates provincial real estate regulations, professional standards, and commercial tenancy laws, providing comprehensive protection for both parties while ensuring compliance with Canadian federal and provincial legal requirements.

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What is a Exclusive Tenant Brokerage Agreement?

The Exclusive Tenant Brokerage Agreement is a crucial document in Canadian commercial real estate transactions, designed to protect both the tenant's interests and the broker's commitment of resources. This agreement is typically used when a business or organization seeks professional representation in finding and securing commercial space, requiring the expertise of a licensed real estate professional. The document establishes an exclusive relationship, preventing the tenant from engaging multiple brokers simultaneously, while ensuring the broker's full commitment to the tenant's requirements. It outlines comprehensive services including property search, negotiation support, market analysis, and transaction assistance, all within the framework of Canadian real estate laws and regulations. The agreement is particularly important in complex commercial leasing situations where professional representation can significantly impact the outcome of lease negotiations and terms.

What sections should be included in a Exclusive Tenant Brokerage Agreement?

1. Parties: Identification of the broker/brokerage firm and the tenant, including full legal names and contact information

2. Background: Context of the agreement, including the tenant's intention to lease property and the broker's qualifications

3. Definitions: Key terms used throughout the agreement, including 'Exclusive Period', 'Property Requirements', 'Transaction', and 'Compensation'

4. Appointment and Scope of Services: Formal appointment of the broker and detailed description of services to be provided

5. Exclusivity: Terms of the exclusive relationship and restrictions on engaging other brokers

6. Term: Duration of the agreement, including start and end dates

7. Broker's Obligations: Detailed list of broker's duties, responsibilities, and service commitments

8. Client's Obligations: Tenant's responsibilities, including providing accurate information and cooperating with the broker

9. Compensation: Fee structure, payment terms, and conditions triggering payment obligation

10. Confidentiality: Obligations regarding confidential information and its handling

11. Termination: Conditions and procedures for ending the agreement

12. Representations and Warranties: Basic statements of fact and promises made by both parties

13. General Provisions: Standard contract clauses including governing law, amendments, and notices

What sections are optional to include in a Exclusive Tenant Brokerage Agreement?

1. Holdover Period: Terms governing broker compensation for transactions completed after agreement termination, used when broker wants to protect future interests

2. Property Tour Protocol: Procedures for viewing properties, included when specific viewing arrangements or safety protocols are needed

3. Virtual Services: Terms covering virtual property tours and remote services, included when digital services are part of the offering

4. Multiple Market Locations: Special terms for searching in multiple cities or regions, used when tenant needs multi-market representation

5. Team Designation: Identification of specific team members handling the account, included for larger brokerages

6. Dispute Resolution: Mediation and arbitration procedures, included when parties prefer alternative dispute resolution

7. Force Majeure: Terms addressing unforeseen circumstances preventing performance, particularly relevant post-COVID

What schedules should be included in a Exclusive Tenant Brokerage Agreement?

1. Schedule A - Property Requirements: Detailed specifications of tenant's property requirements including size, location, amenities, and budget

2. Schedule B - Fee Schedule: Detailed breakdown of all fees, commissions, and payment structures

3. Schedule C - Excluded Properties: List of properties already identified or excluded from the agreement

4. Schedule D - Service Level Details: Comprehensive list of specific services included in the broker's scope of work

5. Appendix 1 - Broker Credentials: Copies of broker's licenses, certifications, and professional affiliations

6. Appendix 2 - Agency Disclosure: Required regulatory disclosures regarding agency relationships

7. Appendix 3 - Market Report: Initial market analysis and property availability assessment

Authors

Alex Denne

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

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions


























Clauses































Relevant Industries

Commercial Real Estate

Retail

Professional Services

Manufacturing

Healthcare

Technology

Financial Services

Hospitality

Logistics and Distribution

Education

Relevant Teams

Real Estate

Legal

Finance

Operations

Facilities Management

Business Development

Corporate Development

Risk Management

Procurement

Strategic Planning

Relevant Roles

Real Estate Broker

Commercial Leasing Agent

Chief Financial Officer

Facilities Manager

Operations Director

Real Estate Director

Corporate Counsel

Business Development Manager

Property Consultant

Expansion Manager

Site Selection Specialist

Real Estate Transaction Manager

Tenant Representative

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

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