The Exclusive Rights To Sell Agreement is essential when property owners wish to engage a single agent for their property sale, ensuring focused marketing efforts and clear accountability. This document, governed by English and Welsh law, establishes the exclusive relationship between the property owner and the estate agent, detailing commission structures, marketing requirements, and performance expectations. It protects both parties' interests by clearly defining the scope of exclusivity, duration, and circumstances under which the agreement may be terminated. The agreement is particularly relevant in high-value property transactions or when comprehensive marketing campaigns are required.
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1. Parties: Identifies and defines the contracting parties - the property owner and the exclusive selling agent
2. Background: Sets out the context and purpose of the agreement, including the property owner's intention to grant exclusive selling rights
3. Definitions: Defines key terms used throughout the agreement including 'Territory', 'Property', 'Commission', 'Exclusive Period'
4. Appointment and Scope: Details of the exclusive appointment, territory covered, and nature of the exclusivity granted
5. Duration: Term of the agreement including start date, initial period, and termination provisions
6. Commission Structure: Details of fees, commission rates, payment terms and circumstances when commission becomes payable
7. Obligations of the Agent: Responsibilities and duties of the selling agent including marketing, showing property, and reporting requirements
8. Obligations of the Principal: Responsibilities and duties of the property owner including providing information and maintaining the property
9. Termination: Circumstances and procedures for terminating the agreement, including notice periods and consequences
10. General Provisions: Standard contractual provisions including governing law, entire agreement, and notices
1. Marketing Requirements: Specific marketing obligations, standards, and minimum advertising requirements
2. Performance Targets: Minimum performance requirements and consequences of failing to meet targets
3. Sub-Agents: Provisions regarding the appointment and management of sub-agents
4. Data Protection: Specific data handling requirements and GDPR compliance obligations
5. Anti-Money Laundering: Specific provisions relating to AML checks and compliance requirements
1. Schedule 1 - Property Details: Detailed description of the property/properties covered by the agreement
2. Schedule 2 - Commission Rates: Detailed breakdown of commission structure, calculations and payment terms
3. Schedule 3 - Marketing Plan: Detailed marketing strategy, requirements and minimum advertising commitments
4. Schedule 4 - Service Level Agreement: Specific performance metrics, service standards and reporting requirements
5. Schedule 5 - Territory Definition: Detailed description of the geographic area or market segment covered by the exclusivity
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