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Broker Exclusive Agreement
"I need a Broker Exclusive Agreement under Dutch law for my real estate company based in Amsterdam, granting exclusive rights to represent our luxury properties in the Benelux region, with a minimum commission rate of 3% and the agreement to start from March 1, 2025."
1. Parties: Identification of the broker and the client, including full legal names, addresses, and registration details
2. Background: Context of the agreement and brief description of the broker's services and client's needs
3. Definitions: Key terms used throughout the agreement, including 'Services', 'Territory', 'Commission', and 'Exclusive Period'
4. Appointment and Scope: Formal appointment of the broker and detailed description of the exclusive brokerage services to be provided
5. Exclusivity: Terms of the exclusive relationship, including territorial scope and duration
6. Broker's Rights and Obligations: Detailed listing of the broker's responsibilities, duties, and rights under the agreement
7. Client's Obligations: Client's responsibilities, including providing necessary information and cooperation
8. Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
9. Term and Termination: Duration of the agreement, renewal terms, and grounds for termination
10. Confidentiality: Obligations regarding confidential information and trade secrets
11. Data Protection: Compliance with GDPR/AVG requirements and data handling procedures
12. Liability and Indemnification: Limitation of liability and indemnification provisions
13. Governing Law and Jurisdiction: Specification of Dutch law as governing law and jurisdiction for disputes
14. General Provisions: Standard clauses including severability, entire agreement, and amendments
1. Anti-Money Laundering Compliance: Required when the broker deals with financial transactions subject to Wwft regulations
2. Professional Insurance: Details of professional liability insurance when required by specific industry regulations
3. Marketing and Promotion: Specific terms regarding marketing activities when the broker will conduct promotional activities
4. Sub-Agents: Terms governing the appointment and management of sub-agents if permitted
5. Post-Termination Obligations: Specific provisions for obligations that survive termination, including trailing commissions
6. Non-Circumvention: Additional protections against circumvention of the broker's rights, particularly important in international transactions
7. Force Majeure: Provisions for unforeseen circumstances preventing performance
8. Dispute Resolution: Alternative dispute resolution procedures if preferred over standard court proceedings
1. Schedule 1 - Commission Structure: Detailed breakdown of commission rates and calculation examples
2. Schedule 2 - Service Description: Detailed specification of the brokerage services to be provided
3. Schedule 3 - Territory Definition: Detailed description or map of the exclusive territory if geographically limited
4. Schedule 4 - Reporting Requirements: Templates and timing for regular reporting by the broker
5. Schedule 5 - Contact Details: Key contact persons and communication protocols
6. Appendix A - Power of Attorney: If the broker requires specific authorization to act on behalf of the client
7. Appendix B - Compliance Requirements: Specific regulatory compliance requirements applicable to the brokerage services
Authors
Real Estate
Financial Services
Insurance
Commercial Trade
International Trade
Business Consulting
Mergers and Acquisitions
Art and Antiquities
Luxury Goods
Maritime and Shipping
Agricultural Products
Industrial Equipment
Legal
Compliance
Commercial
Business Development
Sales
Operations
Risk Management
Finance
Corporate Development
Partnerships
Business Development Manager
Commercial Director
Chief Executive Officer
Legal Counsel
Compliance Officer
Sales Director
Broker
Agent
Business Owner
Operations Manager
Contract Manager
Risk Manager
Partnership Manager
Chief Commercial Officer
Managing Director
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