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Commercial Listing Agreement Template for South Africa

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Key Requirements PROMPT example:

Commercial Listing Agreement

"I need a Commercial Listing Agreement for an exclusive 12-month listing of a multi-tenant office building in Cape Town, with specific provisions for international marketing and a 6-month protected period, starting March 1, 2025."

Document background
The Commercial Listing Agreement serves as a crucial document in South African commercial real estate transactions, establishing the professional relationship between property owners and real estate agencies. It is specifically designed for use when a property owner wishes to engage a professional property practitioner to market and secure buyers or tenants for commercial property. The agreement must comply with the Property Practitioners Act 22 of 2019 and other relevant South African legislation, including consumer protection and electronic communications laws. This document typically includes detailed provisions about the property, commission structures, marketing strategies, and the agent's obligations. A Commercial Listing Agreement is particularly important in the South African context as it provides legal protection for all parties and ensures compliance with strict regulatory requirements in the commercial property sector.
Suggested Sections

1. Parties: Identification of the Property Owner/Landlord and the Estate Agency, including full legal names, registration numbers, and contact details

2. Background: Brief context setting out the owner's intention to list the property and the agent's qualification to provide the service

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

4. Property Details: Comprehensive description of the commercial property, including physical address, registration details, and current zoning

5. Appointment and Authority: Terms of the agent's appointment, whether exclusive or non-exclusive, and scope of authority granted

6. Duration: Listing period, including start date, end date, and any automatic renewal provisions

7. Agent's Obligations: Detailed listing of the agent's responsibilities, including marketing efforts, showing the property, and reporting requirements

8. Owner's Obligations: Owner's commitments, including providing access, maintaining the property, and supplying necessary documentation

9. Commission Structure: Detailed explanation of commission rates, payment terms, and triggering events

10. Marketing Terms: Specific marketing commitments, including advertising methods, signage, and budget allocation

11. Termination: Conditions under which either party may terminate the agreement and the consequences thereof

12. General Terms: Standard contractual provisions including notices, breach, dispute resolution, and governing law

Optional Sections

1. Protected Period: Defines a period after termination during which the agent remains entitled to commission for specific prospects - include when offering exclusive listings

2. International Marketing: Additional provisions for international marketing efforts - include when targeting foreign investors

3. Multi-broker Cooperation: Terms for cooperation with other brokers - include when allowing cooperative listings

4. Property Management Services: Additional terms if the agent will provide property management services - include when offering full-service management

5. Development Properties: Special provisions for properties under development - include when listing incomplete or planned developments

6. Virtual Tours and Digital Marketing: Specific provisions for digital marketing services - include when offering enhanced digital services

Suggested Schedules

1. Property Schedule: Detailed technical description of the property, including floor plans, specifications, and current tenancies

2. Commission Schedule: Detailed breakdown of commission structures for different transaction types (sale, lease, etc.)

3. Marketing Plan: Comprehensive marketing strategy and budget allocation

4. Required Documentation: List of all required documents for listing and transaction completion

5. Proof of Agency Credentials: Copies of agency licenses, professional certifications, and insurance

6. Pricing Analysis: Market analysis and recommended pricing strategy

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

Commercial Real Estate

Retail

Industrial

Office Space

Hospitality

Mixed-use Development

Warehousing and Logistics

Healthcare Facilities

Educational Facilities

Manufacturing

Professional Services

Relevant Teams

Legal

Real Estate

Property Management

Business Development

Compliance

Risk Management

Asset Management

Facilities Management

Investment

Operations

Relevant Roles

Commercial Property Manager

Real Estate Agent

Property Practitioner

Business Development Manager

Legal Counsel

Property Portfolio Manager

Facilities Manager

Asset Manager

Commercial Leasing Manager

Investment Manager

Property Valuer

Real Estate Broker

Compliance Officer

Risk 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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