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The Real Estate Agent Rental Agreement is a crucial document used in the South African property market when property owners wish to engage professional services for managing their rental properties. This agreement serves as the foundational document defining the business relationship between property owners and real estate agents/agencies, outlining specific responsibilities, commission structures, and service expectations. It must comply with South African legislation, including the Estate Agency Affairs Act, Property Practitioners Act, and Rental Housing Act, while incorporating industry best practices. The document is essential for both residential and commercial properties, providing clear guidelines for property management, tenant selection, rent collection, and maintenance coordination. It includes provisions for dispute resolution and termination, protecting both parties' interests while ensuring professional service delivery in accordance with South African real estate regulations.

1. Parties: Identification of the property owner and the estate agent, including registration numbers and license details

2. Background: Context of the agreement, including brief description of the property and purpose of engagement

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Rental Period', 'Commission', and 'Tenant'

4. Appointment and Duration: Terms of the agent's appointment, whether exclusive or non-exclusive, and duration of the agreement

5. Agent's Obligations: Detailed listing of services to be provided, including marketing, tenant screening, and property management duties

6. Owner's Obligations: Property owner's responsibilities, including providing accurate information and maintaining the property

7. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission earning

8. Property Management Services: Specific duties related to managing the property, including rent collection and maintenance coordination

9. Compliance and Regulations: Commitment to comply with relevant laws and regulations, including FICA requirements

10. Liability and Indemnity: Allocation of risks and responsibilities between parties

11. Termination: Conditions and procedures for ending the agreement

12. Dispute Resolution: Process for handling disagreements and specified jurisdiction

13. General Provisions: Standard contractual clauses including notices, amendments, and entire agreement