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Listing Agent Agreement
"I need a Listing Agent Agreement for a luxury residential property in Cape Town, with exclusive mandate provisions and international marketing rights, including specific clauses for virtual tours and overseas buyer arrangements."
1. Parties: Identification of the property owner/seller and the estate agent/agency, including registration numbers and contact details
2. Background: Context of the agreement, including the owner's intention to sell the property and appointment of the agent
3. Definitions: Key terms used throughout the agreement, including Property, Listing Period, Commission, etc.
4. Appointment and Authority: Formal appointment of the agent and scope of authority granted
5. Property Details: Full description of the property being listed, including physical address and registration details
6. Listing Price: Agreed listing price and parameters for price negotiations
7. Commission Structure: Details of agent's commission, including percentage or fixed fee, and conditions for payment
8. Agent's Obligations: Comprehensive list of services and duties the agent will perform
9. Seller's Obligations: Property owner's responsibilities and commitments during the listing period
10. Duration: Term of the agreement, including start date and initial listing period
11. Marketing Authorization: Permission for specific marketing activities and use of property information
12. Termination: Conditions and process for ending the agreement
13. Signatures: Execution section with date and signatures of all parties
1. Dual Mandate: Include when the seller may work with multiple agents - defines terms of non-exclusive listing
2. Virtual Tours: Include when digital marketing and virtual showings are part of the marketing strategy
3. International Marketing: Include when property will be marketed to international buyers
4. Special Conditions: Include when there are unique property features or selling conditions
5. Property Practitioner Disclosure: Include when agent has personal interest in the property or related parties
6. Covid-19 Protocols: Include when specific health and safety measures need to be documented
7. Rental Management: Include when agent will manage rental of property if not sold within specified period
1. Schedule A - Property Description: Detailed property specifications, including fixtures and fittings
2. Schedule B - Marketing Plan: Comprehensive marketing strategy and timeline
3. Schedule C - Commission Schedule: Detailed breakdown of commission structures and payment terms
4. Schedule D - Property Defects Report: Mandatory disclosure of known defects as per Property Practitioners Act
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 - Agency Credentials: Agent's registration and certification documents
Authors
Real Estate
Property Development
Legal Services
Property Management
Construction
Financial Services
Property Investment
Professional Services
Legal
Real Estate
Compliance
Sales
Operations
Business Development
Contract Administration
Property Management
Risk Management
Estate Agent
Property Practitioner
Real Estate Broker
Property Sales Manager
Legal Counsel
Compliance Officer
Property Portfolio Manager
Real Estate Director
Contract Administrator
Property Sales Consultant
Business Development Manager
Real Estate Operations Manager
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