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Listing Agent Contract
"I need a Listing Agent Contract for a luxury beachfront property in Cape Town, with provisions for international marketing and a tiered commission structure based on achieving different price points, to be effective from March 2025."
1. Parties: Identification of the property owner (the 'Client') and the licensed real estate agent/agency (the 'Agent'), including their full legal names, registration numbers, and contact details
2. Background: Brief context explaining the owner's intention to sell/lease the property and the agent's qualifications to provide the service
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Listing Period', 'Listing Price', 'Commission', and other relevant terms
4. Appointment and Authority: Formal appointment of the agent and scope of authority granted, including whether the listing is exclusive or non-exclusive
5. Property Details: Complete description of the property, including physical address, registration details, and relevant title deed information
6. Agent's Obligations: Detailed listing of the agent's responsibilities, including marketing efforts, showing the property, and reporting requirements
7. Client's Obligations: Property owner's responsibilities, including providing access to the property and maintaining it in showable condition
8. Commission Structure: Detailed explanation of the commission rate, when it becomes payable, and any conditions attached
9. Duration and Termination: Length of the listing agreement, renewal terms, and conditions for early termination
10. Compliance Declarations: Statutory compliance statements required under the Property Practitioners Act and other relevant legislation
11. General Terms: Standard contractual provisions including notices, entire agreement, and governing law
1. Dual Agency Provisions: Required when the agent may represent both seller and buyer, outlining how conflicts will be managed
2. International Marketing: Include when the property will be marketed internationally, specifying additional marketing channels and requirements
3. Virtual Viewing Arrangements: Specific provisions for virtual tours and online showings, including privacy and data protection measures
4. Professional Photography: Terms regarding professional photography services, including cost allocation and usage rights
5. Pre-existing Damage Declaration: Detailed listing of any existing property damage or defects, particularly relevant for luxury or historic properties
1. Property Description Schedule: Detailed description of the property including lot size, building specifications, and included fixtures and fittings
2. Commission Schedule: Detailed breakdown of commission structures, including any sliding scales or special circumstances
3. Marketing Plan: Comprehensive marketing strategy including planned activities, platforms, and budget allocation
4. Property Practitioner's Disclosure: Mandatory disclosure form as required by the Property Practitioners Act
5. Property Condition Report: Detailed report on the current condition of the property, including photographs and noted defects
Authors
Real Estate
Property Development
Property Management
Construction
Legal Services
Professional Services
Residential Property
Commercial Property
Industrial Property
Legal
Real Estate
Property Management
Sales
Compliance
Operations
Business Development
Contracts Administration
Property Services
Risk Management
Real Estate Agent
Property Practitioner
Real Estate Broker
Property Manager
Legal Counsel
Compliance Officer
Real Estate Director
Property Sales Manager
Business Development Manager
Contract Manager
Real Estate Partner
Property Consultant
Estate Agent
Real Estate Operations Manager
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