¶¶Òõ¶ÌÊÓƵ

The Exclusive Seller Brokerage Agreement is a crucial document in Indian real estate transactions, designed to establish and regulate the relationship between property sellers and real estate brokers. This agreement type has become increasingly important following the implementation of RERA in 2016, which brought enhanced regulation and professionalism to the real estate sector. The document should be used when a property owner wishes to grant exclusive rights to a single broker for selling their property, typically for a specified period. It includes comprehensive details about the property, commission structures, marketing strategies, and obligations of both parties. The agreement must comply with both federal Indian laws and state-specific real estate regulations, making it essential to customize the document based on the property's location. The Exclusive Seller Brokerage Agreement's importance lies in its ability to provide clear accountability, prevent commission disputes, and ensure professional marketing efforts while maintaining compliance with RERA guidelines.

1. Parties: Identifies the property seller (client) and the licensed real estate broker, including their complete contact details and RERA registration numbers

2. Background: Explains the context of the agreement, including brief description of the property and the seller's intention to engage the broker

3. Definitions: Defines key terms used throughout the agreement including 'Exclusive Period', 'Property', 'Commission', and 'Closing'

4. Appointment and Scope: Establishes the exclusive appointment of the broker and details the services to be provided

5. Term and Exclusivity: Specifies the duration of the agreement and confirms the exclusive nature of the arrangement

6. Broker's Rights and Obligations: Details the broker's responsibilities, including marketing efforts, showing the property, and maintaining communications

7. Seller's Rights and Obligations: Outlines the seller's responsibilities, including providing accurate information and maintaining the property

8. Commission Structure: Details the commission rate, payment terms, and conditions under which commission becomes payable

9. Property Information: Contains detailed description of the property and its current condition

10. Marketing Authorization: Grants specific permissions for marketing activities and use of property information

11. Representations and Warranties: Contains statements of fact and guarantees from both parties

12. Termination: Specifies conditions and process for ending the agreement

13. Governing Law and Jurisdiction: Establishes the applicable law and courts for dispute resolution

14. Notices: Specifies how formal communications between parties should be made

15. General Provisions: Contains standard boilerplate clauses including force majeure, entire agreement, and amendments