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Exclusive Seller Representation Agreement Template for India

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Key Requirements PROMPT example:

Exclusive Seller Representation Agreement

"I need an Exclusive Seller Representation Agreement for a luxury residential property in Mumbai, with a six-month exclusivity period starting March 1, 2025, including international marketing provisions and a 3% commission structure."

Document background
The Exclusive Seller Representation Agreement is a crucial document in Indian real estate transactions, used when a property owner wishes to grant sole and exclusive rights to a real estate agent or agency to market and sell their property. This document is particularly important in the Indian context where it must comply with the Real Estate (Regulation and Development) Act (RERA) and other relevant state-level regulations. The agreement typically includes detailed provisions about the agent's services, commission structure, marketing responsibilities, and the seller's obligations. It provides protection for both the agent's interests in securing their commission and the seller's interests in professional representation. The document is commonly used for both residential and commercial properties, and its terms are typically aligned with local market practices while ensuring compliance with Indian contract law and real estate regulations.
Suggested Sections

1. Parties: Identification of the property seller and the real estate agent/agency, including RERA registration details

2. Background: Context of the agreement, including brief description of the property and seller's intention to sell

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Exclusive Period', 'Commission', etc.

4. Appointment and Scope: Formal appointment of agent and scope of exclusive representation

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

6. Agent's Services and Obligations: Detailed listing of services to be provided by the agent, including marketing, showing property, negotiations

7. Seller's Obligations: Seller's responsibilities, including providing accurate information, maintaining property, and cooperation

8. Commission Structure: Details of agent's commission, payment terms, and conditions for commission earning

9. Exclusivity Provisions: Terms ensuring agent's exclusive right to represent the property

10. Marketing Authorization: Permission for marketing activities and use of property information

11. Termination: Conditions and process for ending the agreement

12. Governing Law: Specification of Indian law application and jurisdiction

13. Dispute Resolution: Process for handling disputes between parties

14. Notices: Method and addresses for official communications

15. Entire Agreement: Standard clause confirming this document as the complete agreement

Optional Sections

1. Protection Period: Post-termination period during which agent remains entitled to commission; used when there's concern about circumvention

2. Digital Marketing Provisions: Specific terms for online marketing when extensive digital promotion is planned

3. International Marketing: Additional provisions for marketing to international buyers when relevant

4. Multiple Property Listing: Additional terms when agreement covers multiple properties

5. Sub-Agency Authorization: Terms allowing agent to appoint sub-agents when needed

6. Force Majeure: Provisions for unforeseen circumstances affecting performance

7. Confidentiality: Special confidentiality provisions when dealing with high-value or sensitive properties

Suggested Schedules

1. Property Details: Detailed description of property, including address, specifications, and legal details

2. Commission Schedule: Detailed breakdown of commission structure, including any sliding scales or special conditions

3. Marketing Plan: Comprehensive marketing strategy and activities to be undertaken

4. Property Documentation: List of all property-related documents provided by seller

5. Agent's RERA Credentials: Copy of agent's RERA registration and other relevant certifications

6. Pricing Schedule: Agreed listing price and any pricing strategy details

7. Approved Marketing Materials: Templates or examples of approved marketing materials and property descriptions

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

Retail Property

Hospitality Property

Mixed-use Development

Land Development

Property Management

Relevant Teams

Real Estate Sales

Legal

Compliance

Property Management

Marketing

Business Development

Asset Management

Operations

Contract Administration

Documentation

Relevant Roles

Real Estate Agent

Property Owner

Real Estate Broker

Sales Director

Property Manager

Real Estate Agency Principal

Business Development Manager

Property Marketing Manager

Real Estate Consultant

Legal Counsel

Compliance Officer

Property Portfolio Manager

Asset Manager

Managing Director

Chief Executive Officer

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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