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Referral Agreement (Real Estate)

Referral Agreement (Real Estate) Template for South Africa

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Key Requirements PROMPT example:

Referral Agreement (Real Estate)

"I need a Real Estate Referral Agreement for my Cape Town-based agency to establish an exclusive referral relationship with a Johannesburg agency, specifically for luxury residential properties valued over R5 million, with a 25% referral commission structure."

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Document background
The Referral Agreement (Real Estate) is essential for property practitioners and real estate agencies operating in South Africa who wish to establish formal referral partnerships. This document is particularly relevant when real estate professionals want to expand their market reach by collaborating with other practitioners while maintaining compliance with the Property Practitioners Act 22 of 2019. The agreement addresses key aspects such as referral processes, commission structures, confidentiality obligations, and compliance requirements under South African law. It's commonly used when agencies operate in different geographical areas or specialize in different property types, allowing them to legally and efficiently refer clients to better-suited practitioners while ensuring fair compensation for referrals.
Suggested Sections

1. Parties: Identification of the referring party and receiving party, including their registration details and Property Practitioners registration numbers

2. Background: Context of the agreement, including the parties' business activities and purpose of the referral arrangement

3. Definitions: Key terms used in the agreement, including 'Referral', 'Qualified Lead', 'Commission', and 'Property Transaction'

4. Scope of Agreement: Details of the referral arrangement, including territory, property types, and exclusivity provisions

5. Referral Process: Step-by-step process for making and accepting referrals, including communication requirements

6. Compensation Terms: Structure of referral fees, payment timing, and calculation methods

7. Obligations of Parties: Specific duties of both referring and receiving parties, including service standards and compliance requirements

8. Confidentiality: Protection of confidential information and client data

9. Term and Termination: Duration of agreement and circumstances for termination

10. Compliance with Laws: Commitment to comply with Property Practitioners Act and other relevant legislation

11. Dispute Resolution: Process for resolving disagreements between parties

12. General Provisions: Standard clauses including notices, amendments, and governing law

Optional Sections

1. Non-Solicitation: Prevents parties from directly soliciting each other's clients - used when parties operate in overlapping markets

2. Marketing and Branding: Guidelines for using each other's brands in marketing - included when parties want to cross-promote

3. Training Requirements: Specific training obligations for handling referrals - used in complex property specializations

4. Performance Metrics: Specific KPIs and performance standards - included when parties want to measure referral success

5. International Transactions: Special provisions for cross-border referrals - used when dealing with international properties

6. Data Protection Compliance: Detailed POPIA compliance measures - needed when extensive personal data processing is involved

Suggested Schedules

1. Schedule A - Commission Structure: Detailed breakdown of referral fees and commission calculations

2. Schedule B - Referral Territory: Map or description of geographical areas covered by the agreement

3. Schedule C - Required Documentation: List of documents required for valid referrals

4. Schedule D - Contact Persons: Key contact details for both parties

5. Appendix 1 - Referral Form Template: Standard form for submitting referrals

6. Appendix 2 - Compliance Checklist: Checklist ensuring compliance with Property Practitioners Act requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions



























Clauses






























Relevant Industries

Real Estate

Property Development

Property Management

Property Investment

Construction

Residential Property

Commercial Property

Real Estate Technology

Property Consulting

Relevant Teams

Legal

Compliance

Business Development

Sales

Operations

Property Management

Client Relations

Finance

Risk Management

Partnership Management

Relevant Roles

Real Estate Agent

Property Practitioner

Real Estate Broker

Property Manager

Real Estate Agency Owner

Business Development Manager

Compliance Officer

Real Estate Sales Director

Property Investment Advisor

Real Estate Operations Manager

Branch Manager

Managing Director

Legal Counsel

Real Estate Partnership 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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