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Real Estate Broker Contract With Seller Template for South Africa

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Key Requirements PROMPT example:

Real Estate Broker Contract With Seller

"I need a Real Estate Broker Contract with Seller for an exclusive 6-month mandate starting March 1, 2025, for a luxury residential property in Cape Town, with a 5% commission structure and international marketing provisions."

Document background
The Real Estate Broker Contract with Seller is a crucial document in South African property transactions, designed to formalize the relationship between property sellers and real estate professionals. This agreement is essential when a property owner wishes to engage a professional broker to market and sell their property, whether residential, commercial, or agricultural. The document must comply with South African legislation, particularly the Property Practitioners Act 22 of 2019, the Consumer Protection Act, and FICA requirements. It typically includes detailed provisions about commission structures, marketing strategies, mandate duration, and obligations of both parties. The agreement protects both the broker's right to commission and the seller's interests in the property transaction, while ensuring compliance with regulatory requirements and professional standards in the South African real estate industry.
Suggested Sections

1. Parties: Identification of the Real Estate Broker/Agency and the Property Seller, including full legal names, registration numbers (if applicable), and contact details

2. Background: Context of the agreement, including brief description of the property and the seller's intention to sell

3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Commission', 'Mandate Period', and other relevant terms

4. Appointment and Mandate: Terms of the broker's appointment, whether exclusive or non-exclusive, and the scope of authority granted

5. Duration of Mandate: Period of the agreement, including start date, end date, and any renewal provisions

6. Property Details: Comprehensive description of the property, including physical address, registration details, and relevant title deed information

7. Listing Price: Agreed listing price range and conditions for price adjustments

8. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions under which commission becomes payable

9. Broker's Obligations: Detailed listing of the broker's responsibilities, including marketing efforts, showing the property, and reporting requirements

10. Seller's Obligations: Seller's commitments, including property access, disclosure requirements, and cooperation with the broker

11. Marketing Authorization: Permissions for advertising, signage, and marketing activities

12. Compliance Requirements: Obligations under relevant laws including Property Practitioners Act and FICA requirements

13. Termination: Conditions and process for terminating the agreement, including notice requirements

14. Signatures: Formal execution section with date and signatures of all parties

Optional Sections

1. Dual Mandate Provisions: Used when the seller may engage multiple agents, specifying conditions and commission arrangements

2. Virtual Tours and Digital Marketing: Specific provisions for digital marketing strategies and virtual showings

3. Professional Photography: Terms regarding professional photography services and cost allocation

4. International Marketing: Additional provisions for marketing to international buyers

5. Guaranteed Sale Program: Terms for any guaranteed sale program offered by the broker

6. Property Management: Additional terms if the broker will manage the property until sold

7. Post-Sale Services: Additional services provided after sale agreement is reached

8. Force Majeure: Provisions for unforeseen circumstances affecting contract performance

Suggested Schedules

1. Schedule A - Property Specification: Detailed property specifications, including fixtures and fittings

2. Schedule B - Marketing Plan: Detailed marketing strategy and timeline

3. Schedule C - Commission Structure: Detailed breakdown of commission calculations and examples

4. Schedule D - Property Condition Report: Current condition of the property and known defects

5. Schedule E - Required Documentation: List of documents required from the seller

6. Appendix 1 - Property Photographs: Current photographs of the property

7. Appendix 2 - Property Plans: Floor plans and property diagrams

8. Appendix 3 - Compliance Certificates: Copies of relevant compliance certificates

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







































Clauses






























Relevant Industries

Real Estate

Property Development

Property Management

Construction

Legal Services

Financial Services

Property Investment

Residential Property

Commercial Property

Agricultural Property

Relevant Teams

Legal

Compliance

Real Estate Sales

Property Management

Operations

Business Development

Contract Administration

Marketing

Finance

Risk Management

Relevant Roles

Real Estate Agent

Property Broker

Estate Agent

Real Estate Sales Manager

Property Practitioner

Legal Counsel

Compliance Officer

Property Manager

Real Estate Director

Business Development Manager

Property Sales Consultant

Contract Manager

Real Estate Operations Manager

Property Portfolio 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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