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Real Estate Referral Fee Agreement
"I need a Real Estate Referral Fee Agreement for my Cape Town-based agency to receive referrals from other South African property practitioners, with a standard 25% referral fee and quarterly payments."
1. Parties: Identification of the referring party and receiving party, including their professional registration numbers and EAAB/PPRA details
2. Background: Context of the agreement and the parties' authority to enter into referral arrangements
3. Definitions: Key terms used in the agreement, including 'Referral', 'Successful Transaction', 'Referral Fee', and 'Referred Client'
4. Scope of Referral Arrangement: Details of the referral service, territory coverage, and types of properties/transactions included
5. Referral Process: Step-by-step process for making and accepting referrals, including communication requirements
6. Fee Structure: Calculation method for referral fees, percentages, and minimum/maximum amounts if applicable
7. Payment Terms: Timing of payments, payment methods, and conditions precedent to payment
8. Compliance Requirements: Obligations regarding FICA, EAAB/PPRA regulations, and other applicable laws
9. Representations and Warranties: Parties' confirmations regarding their authority, qualifications, and compliance status
10. Confidentiality: Protection of confidential information and client data
11. Term and Termination: Duration of the agreement and termination provisions
12. General Provisions: Standard clauses including notices, governing law, and dispute resolution
1. Exclusivity: Used when parties agree to exclusive referral arrangements within specified territories or property types
2. Marketing and Promotion: Include when parties agree to specific marketing arrangements or co-branding
3. Training and Support: When one party provides training or systems support to the other
4. Non-Circumvention: Include when there's risk of parties bypassing the referral arrangement
5. Professional Indemnity Insurance: When parties require specific insurance coverage
6. Data Protection: Detailed section on POPIA compliance when extensive personal information processing is involved
7. Cross-Border Provisions: Include for referrals involving international properties or clients
1. Fee Schedule: Detailed breakdown of referral fee percentages for different property types or transaction values
2. Referral Territory: Map or description of geographical areas covered by the referral arrangement
3. Professional Credentials: Copies of current registration certificates and professional licenses
4. Referral Process Workflow: Detailed step-by-step procedures and timeframes for referral handling
5. Required Forms: Templates for referral submissions, client information, and payment requests
Authors
Real Estate
Property Development
Property Management
Commercial Property
Residential Property
Real Estate Investment
Property Services
Professional Services
Legal
Compliance
Real Estate Operations
Sales
Business Development
Finance
Risk Management
Property Management
Client Relations
Document Control
Real Estate Agent
Property Practitioner
Estate Agency Principal
Real Estate Broker
Property Manager
Real Estate Franchise Owner
Legal Compliance Officer
Real Estate Sales Manager
Business Development Manager
Referral Coordinator
Real Estate Operations Manager
Property Portfolio Manager
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