Exclusive Brokerage Contract

Exclusive Brokerage Contract Template for South Africa

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Key Requirements PROMPT example:

"I need an Exclusive Brokerage Contract for my commercial property portfolio in Cape Town, covering three office buildings, with a 12-month exclusivity period starting March 1, 2025, including special provisions for international marketing and a sliding commission scale based on achievement of target prices."

Document background

The Exclusive Brokerage Contract is essential for establishing clear, legally-binding relationships in South African property transactions. It is typically used when property owners want to ensure focused, dedicated representation from a single broker or agency, rather than working with multiple agents. The document complies with South African property law, including the Property Practitioners Act 22 of 2019 and related regulations. It outlines specific terms including the exclusive period, commission structures, marketing obligations, and protection mechanisms for both parties. This type of agreement is particularly valuable in high-value property transactions or complex commercial properties where dedicated attention and marketing expertise are crucial. The contract provides clarity on commission entitlements, helps prevent commission disputes, and ensures professional property representation while maintaining compliance with South African legal requirements.

Suggested Sections

1. Parties: Identification of the property owner/seller and the exclusive broker, including full legal names, registration numbers, and contact details

2. Background: Context of the agreement, including the intent to grant exclusive rights to the broker for the sale/lease of the specified property

3. Definitions: Key terms used in the agreement, including 'Property', 'Exclusive Period', 'Commission', 'Qualifying Transaction', and other relevant terms

4. Appointment and Scope: Formal appointment of the broker and detailed scope of their exclusive mandate

5. Duration: Term of the exclusive agreement, including start date and end date or renewal provisions

6. Broker's Rights and Obligations: Detailed listing of the broker's responsibilities, marketing commitments, and exclusive rights

7. Property Owner's Obligations: Owner's commitments, including providing accurate information, property access, and maintaining exclusivity

8. Commission Structure: Detailed explanation of commission rates, payment terms, and qualifying transactions

9. Marketing and Advertising: Specific commitments regarding property marketing, including methods, frequency, and budget

10. Property Details: Description of the property, including physical address, registration details, and asking price/rental rate

11. Termination: Conditions under which the agreement may be terminated by either party

12. General Terms: Standard contract provisions including notices, entire agreement, variation, and governing law

Optional Sections

1. Multiple Properties: Section to be included when the exclusive mandate covers multiple properties

2. International Marketing: Additional provisions for international marketing efforts and cross-border transactions

3. Co-Broking Arrangements: Terms for working with other brokers while maintaining exclusivity

4. Digital Marketing Special Provisions: Specific terms for digital and social media marketing campaigns

5. Property Management Services: Additional terms if the broker will also provide property management services

6. Success Fee Structure: Alternative or additional commission structures based on performance

7. Post-Termination Obligations: Extended commission terms for deals initiated during the exclusive period

8. Virtual Viewing Provisions: Special terms for virtual property viewings and digital tours

Suggested Schedules

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

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

3. Marketing Plan: Comprehensive marketing strategy and timeline

4. Proof of Broker Credentials: Copies of required licenses, certifications, and professional memberships

5. Property Condition Report: Detailed assessment of the property's current condition

6. Pricing Analysis: Market analysis and pricing justification

7. Required Disclosure Forms: Standard forms required under South African property law

8. Service Level Agreement: Detailed breakdown of service standards and performance metrics

Authors

Alex Denne

Head of Growth (Open Source Law) @ ��Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co

Relevant legal definitions

Clauses

Relevant Industries

Real Estate

Commercial Property

Residential Property

Industrial Property

Retail Property

Agriculture (Farm Properties)

Hospitality

Mixed-Use Development

Property Development

Property Investment

Relevant Teams

Legal

Real Estate

Sales

Compliance

Business Development

Property Management

Marketing

Operations

Commercial Property

Contract Administration

Risk Management

Relevant Roles

Real Estate Broker

Property Agent

Real Estate Agency Owner

Property Practitioner

Legal Counsel

Property Manager

Commercial Property Specialist

Business Development Manager

Sales Director

Compliance Officer

Property Portfolio Manager

Real Estate Marketing Manager

Contract Administrator

Property Valuer

Estate Agency Principal

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