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Exclusive Seller Brokerage Engagement Agreement Template for India

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Key Requirements PROMPT example:

Exclusive Seller Brokerage Engagement Agreement

"I need an Exclusive Seller Brokerage Engagement Agreement for my 3-bedroom residential property in Mumbai, with a six-month exclusive period starting January 2025, and I want to include specific provisions for digital marketing and social media promotion."

Document background
The Exclusive Seller Brokerage Engagement Agreement is a crucial document in Indian real estate transactions, establishing a legally binding relationship between property sellers and real estate brokers. This agreement is typically used when a property owner wants to ensure concentrated marketing efforts through a single broker, granting them exclusive rights to sell the property. The document must comply with the Real Estate (Regulation and Development) Act, 2016 (RERA), various state-specific real estate regulations, and the Indian Contract Act, 1872. It's particularly important in high-value transactions where professional marketing and negotiation services are essential. The agreement includes detailed provisions about commission structures, marketing responsibilities, property details, and term of exclusivity, while ensuring all parties' rights and obligations are clearly defined under Indian law.
Suggested Sections

1. Parties: Identifies and provides full details of the property seller and the brokerage firm, including RERA registration numbers

2. Background: Explains the context of the agreement, including the seller's intention to sell the property and the broker's qualifications

3. Definitions: Defines key terms used throughout the agreement including Property, Exclusive Period, Listing Price, etc.

4. Appointment and Scope: Details the exclusive appointment of the broker and the specific services to be provided

5. Term and Termination: Specifies the duration of the exclusive arrangement and conditions for termination

6. Broker's Rights and Obligations: Lists all duties and responsibilities of the broker including marketing, showing property, negotiating, etc.

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

8. Commission Structure: Details the broker's commission rate, payment terms, and conditions for commission becoming due

9. Property Information: Contains detailed description of the property being listed for sale

10. Representations and Warranties: Standard representations by both parties regarding authority, property ownership, and RERA compliance

11. Confidentiality: Provisions regarding handling of confidential information by both parties

12. Dispute Resolution: Procedures for handling disputes, including jurisdiction and governing law

13. General Provisions: Standard clauses including notices, amendments, entire agreement, etc.

Optional Sections

1. Protection Period: Defines a period after agreement termination during which the broker remains entitled to commission for specific buyers - include when requested by broker

2. Digital Marketing Authorization: Specific permissions for online marketing and social media promotion - include for tech-savvy brokers with strong digital presence

3. Multiple Listing Service: Terms for listing on multiple listing services - include if MLS is available in the region

4. International Marketing: Special provisions for marketing to international buyers - include for high-value properties or those likely to attract foreign buyers

5. Property Management: Additional terms if broker will provide property management services during listing period - include for vacant properties

6. Dual Agency: Provisions allowing broker to represent both seller and buyer - include if permitted by local regulations and agreed by parties

Suggested Schedules

1. Schedule A - Property Details: Detailed description of property including exact address, boundaries, registration details, and encumbrances

2. Schedule B - Commission Structure: Detailed breakdown of commission rates, including any sliding scales or special circumstances

3. Schedule C - Marketing Plan: Specific marketing activities and timeline proposed by the broker

4. Schedule D - Property Documentation: List of all property-related documents provided by seller to broker

5. Appendix 1 - RERA Compliance Checklist: Checklist ensuring compliance with RERA requirements

6. Appendix 2 - Property Photographs: Current photographs and floor plans of the property

7. Appendix 3 - Broker's License and Registrations: Copies of broker's RERA registration and other relevant licenses

Authors

Alex Denne

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

Relevant legal definitions





























Clauses






























Relevant Industries

Real Estate

Residential Property

Commercial Property

Industrial Property

Agricultural Property

Retail Property

Hospitality

Healthcare Facilities

Educational Institutions

Warehousing and Logistics

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Property Management

Asset Management

Operations

Contract Administration

Relevant Roles

Real Estate Broker

Property Manager

Real Estate Agent

Legal Counsel

Property Owner

Business Development Manager

Real Estate Director

Compliance Officer

Sales Manager

Property Consultant

Real Estate Transaction Manager

Asset 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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