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Buyer Broker Contract
"I need a standard Buyer Broker Contract for a 12-month exclusive arrangement starting March 2025, focusing on residential properties in Cape Town's southern suburbs, with specific provisions for virtual property viewings and international buyer requirements."
1. Parties: Identification of the buyer and the broker/brokerage firm with full legal names and details
2. Background: Context of the agreement and brief overview of the broker's services to be provided
3. Definitions: Key terms used throughout the agreement including 'Property Requirements', 'Broker Services', 'Commission', etc.
4. Appointment and Duration: Formal appointment of the broker and the term of the agreement, including start and end dates
5. Broker's Services and Obligations: Detailed description of services to be provided by the broker, including property search, negotiations, and advisory services
6. Buyer's Obligations: Responsibilities of the buyer, including providing accurate requirements, maintaining communication, and financial obligations
7. Exclusivity: Terms regarding whether the agreement is exclusive or non-exclusive
8. Commission Structure: Detailed breakdown of broker's compensation, payment terms, and conditions for commission becoming due
9. Confidentiality: Obligations regarding confidential information and compliance with POPIA
10. Professional Conduct: Broker's commitment to professional standards and compliance with Property Practitioners Act
11. Termination: Conditions and procedures for terminating the agreement
12. General Provisions: Standard legal clauses including notices, entire agreement, governing law, etc.
1. Dual Agency Disclosure: Required when the broker might represent both buyer and seller in a transaction
2. International Property Search: Include when services extend to properties outside South Africa
3. Special Property Types: Specific terms for commercial, industrial, or specialized property searches
4. Property Development Considerations: Required when focusing on new developments or off-plan properties
5. Multiple Buyer Provision: When multiple buyers are jointly engaging the broker
6. Virtual Services: Terms regarding virtual viewings and remote services
1. Schedule A - Property Requirements: Detailed specification of buyer's property requirements including location, size, budget, and special features
2. Schedule B - Commission Structure: Detailed breakdown of commission calculations, including any sliding scales or special arrangements
3. Schedule C - Broker's Service Package: Comprehensive list of specific services included in the agreement
4. Appendix 1 - FICA Requirements: List of required documents and procedures for FICA compliance
5. Appendix 2 - Agency Disclosure Form: Standard form disclosing agency relationships as required by South African law
6. Appendix 3 - Buyer's Financial Verification: Proof of funds or pre-approval documentation
Authors
Real Estate
Property Development
Commercial Property
Residential Property
Industrial Property
Legal Services
Financial Services
Construction
Property Investment
Legal
Compliance
Real Estate Operations
Property Management
Business Development
Risk Management
Documentation
Client Services
Property Advisory
Contract Administration
Real Estate Broker
Property Practitioner
Legal Counsel
Compliance Officer
Real Estate Agent
Property Investment Manager
Contract Manager
Real Estate Operations Manager
Property Consultant
Business Development Manager
Risk Manager
Documentation Specialist
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