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Exclusive Property Management Agreement Template for South Africa

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Key Requirements PROMPT example:

Exclusive Property Management Agreement

"I need an Exclusive Property Management Agreement for a portfolio of five retail properties in Cape Town, with specific provisions for after-hours security services and green building maintenance requirements, to commence from March 2025."

Document background
This document serves as the primary agreement for property owners seeking to delegate the complete management of their property to a professional property management company in South Africa. The Exclusive Property Management Agreement establishes a sole agency relationship, granting the property manager exclusive rights to manage the property, handle tenant relationships, coordinate maintenance, and oversee financial aspects. It is particularly crucial for property owners who require comprehensive property management services and want to ensure clear accountability and service levels. The agreement must comply with South African property law, including the Property Practitioners Act, Rental Housing Act, and Consumer Protection Act, making it suitable for both residential and commercial properties. The document includes detailed provisions for fee structures, reporting requirements, maintenance procedures, and specific performance metrics.
Suggested Sections

1. Parties: Identification of the property owner and the property management company, including registration numbers and contact details

2. Background: Context of the agreement, including brief description of the property and the owner's intention to appoint the property manager

3. Definitions: Detailed definitions of terms used throughout the agreement, including 'Property', 'Management Services', 'Gross Rental Income', etc.

4. Appointment and Duration: Terms of the property manager's appointment, including exclusivity clause and contract duration

5. Property Manager's Duties: Comprehensive list of services to be provided, including tenant management, maintenance coordination, and financial administration

6. Owner's Obligations: Property owner's responsibilities, including provision of necessary documentation and maintenance funds

7. Financial Terms: Management fees, commission structures, payment terms, and handling of rental income and expenses

8. Maintenance and Repairs: Procedures for property maintenance, spending limits, emergency repairs, and approval processes

9. Compliance and Reporting: Regular reporting requirements, accounting obligations, and compliance with relevant laws

10. Insurance and Liability: Insurance requirements and allocation of liability between parties

11. Termination: Conditions and procedures for terminating the agreement, including notice periods and consequences

12. General Provisions: Standard legal clauses including notices, breach, dispute resolution, and governing law

Optional Sections

1. Multiple Properties Management: Additional terms for managing multiple properties under one agreement, used when owner has multiple properties

2. Body Corporate Interface: Specific provisions for sectional title properties, defining interaction with body corporate

3. Marketing Services: Detailed marketing obligations and procedures, used when property requires extensive marketing

4. Security Services Management: Terms for managing security services, relevant for properties requiring specific security arrangements

5. Utility Management: Specific provisions for properties with complex utility management requirements or prepaid systems

6. Property Development: Terms for managing ongoing property developments or major renovations

7. Staff Management: Terms for managing on-site staff, relevant for properties with dedicated staff

Suggested Schedules

1. Property Schedule: Detailed description of the property, including physical address, registration details, and specific features

2. Fee Schedule: Detailed breakdown of all management fees, commissions, and additional charges

3. Service Level Agreement: Detailed performance metrics and service standards

4. Maintenance Contractor List: Approved contractors and service providers for property maintenance

5. Property Condition Report: Detailed report of property condition at commencement of agreement

6. Key Performance Indicators: Specific metrics for measuring property manager's performance

7. Emergency Procedures: Detailed procedures for handling various emergency situations

8. Inventory List: Detailed inventory of any furnishings or equipment included in property management scope

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








































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Relevant Industries

Real Estate

Property Management

Commercial Property

Residential Property

Retail Property

Industrial Property

Mixed-use Development

Hospitality

Student Accommodation

Relevant Teams

Legal

Property Management

Operations

Facilities Management

Asset Management

Compliance

Real Estate

Contract Administration

Property Administration

Leasing

Finance

Relevant Roles

Property Manager

Real Estate Manager

Facilities Manager

Asset Manager

Portfolio Manager

Operations Manager

Legal Counsel

Compliance Officer

Real Estate Director

Property Administrator

Building Manager

Leasing Manager

Real Estate Agent

Property Practitioner

Contract 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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