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Exclusive Agency Listing Agreement Form Template for South Africa

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Key Requirements PROMPT example:

Exclusive Agency Listing Agreement Form

"I need an Exclusive Agency Listing Agreement Form for my luxury beachfront property in Cape Town, with specific provisions for international marketing and virtual viewings, planned to commence from March 2025."

Document background
The Exclusive Agency Listing Agreement Form is a crucial document in South African real estate transactions, designed to establish a formal, exclusive relationship between property owners and real estate agencies. This agreement is essential when property owners wish to engage a single agency to market and sell their property, providing the agency with exclusive rights for a specified period. The document must comply with the Property Practitioners Act 22 of 2019, the Consumer Protection Act, and other relevant South African legislation. It typically includes detailed provisions for marketing strategy, commission structures, property access arrangements, and the specific obligations of both parties. The agreement is particularly important in protecting the interests of both the property owner and the estate agency, ensuring clear communication of expectations and responsibilities, and providing a legal framework for the successful marketing and sale of the property.
Suggested Sections

1. Parties: Full legal names and details of the estate agency and the property owner

2. Background: Context of the agreement and brief description of the property to be marketed

3. Definitions: Definitions of key terms used throughout the agreement

4. Property Details: Comprehensive description of the property including physical address, erf number, and size

5. Appointment and Mandate: Terms of the exclusive agency appointment and scope of authority

6. Duration: Period of the exclusive mandate and any renewal provisions

7. Listing Price: Agreed listing price range and pricing strategy

8. Commission: Commission rate, calculation method, and payment terms

9. Agent's Obligations: Detailed responsibilities of the estate agency including marketing commitments

10. Owner's Obligations: Property owner's responsibilities and commitments

11. Marketing Strategy: Agreed marketing approach and activities

12. Property Access: Terms for property access for viewings and inspections

13. Termination: Conditions and process for terminating the agreement

14. Signatures: Execution clause and signature blocks for all parties

Optional Sections

1. Dual Mandate Provision: Used when allowing for possibility of dual mandate under specific conditions

2. Virtual Viewing Terms: Include when offering virtual property viewings

3. International Marketing: Include when property will be marketed internationally

4. Property Developer Terms: Special terms for new developments or off-plan sales

5. Distressed Property Provisions: Include when property is being sold under financial distress

6. Multiple Owner Provisions: Include when property has multiple owners

7. Tenant Provisions: Include when property is currently tenanted

Suggested Schedules

1. Schedule A - Property Specification: Detailed property specifications, including fixtures and fittings

2. Schedule B - Marketing Plan: Detailed marketing strategy and timeline

3. Schedule C - Commission Structure: Detailed breakdown of commission calculations and scenarios

4. Schedule D - Property Condition Report: Current condition of the property and any known defects

5. Appendix 1 - Property Photos: Current photographs of the property

6. Appendix 2 - Property Documents: Copies of title deed, plans, and other relevant property documents

7. Appendix 3 - Compliance Certificates: List of required compliance certificates and their status

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

Property Development

Property Management

Construction

Legal Services

Financial Services

Property Investment

Commercial Property

Residential Property

Corporate Real Estate

Relevant Teams

Legal

Compliance

Real Estate

Property Management

Sales

Business Development

Marketing

Operations

Risk Management

Corporate Services

Documentation

Relevant Roles

Real Estate Agent

Property Practitioner

Estate Agency Principal

Property Manager

Legal Counsel

Compliance Officer

Real Estate Broker

Sales Director

Property Developer

Corporate Real Estate Manager

Property Portfolio Manager

Conveyancing Attorney

Business Development Manager

Real Estate Marketing 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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