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Seller Agency Agreement
"I need a Seller Agency Agreement for my luxury residential property in Cape Town, with an exclusive mandate starting March 1, 2025, including specific provisions for high-end digital marketing and international buyer targeting."
1. Parties: Identification of the seller (property owner) and the estate agent/agency, including full legal names, registration numbers, and contact details
2. Background: Context of the agreement, including brief description of the property and the intention to appoint an estate agent
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 agent's appointment, whether exclusive or non-exclusive, and the scope of authority
5. Duration: Period of the mandate, including start date, end date, and any renewal provisions
6. Agent's Obligations: Detailed responsibilities of the agent including marketing, viewings, reporting, and compliance with relevant laws
7. Seller's Obligations: Responsibilities of the seller including providing accurate information, access to the property, and cooperation with the agent
8. Commission Structure: Details of the commission rate, calculation method, and payment terms
9. Marketing of the Property: Agreed marketing strategy, channels, and budget allocation
10. Property Information: Detailed description of the property, including known defects and compliance certificates
11. Early Termination: Conditions and process for early termination of the agreement
12. Dispute Resolution: Process for handling disputes between parties
13. General Provisions: Standard contractual clauses including notices, amendments, and governing law
1. Dual Mandate Provisions: Used when the seller wishes to appoint multiple agents, defining how competing mandates will be handled
2. International Marketing: Include when the property requires international marketing efforts, specifying additional obligations and costs
3. Special Conditions of Sale: Used when the property has unique features or requirements that affect the sale process
4. Development Property Provisions: Include when the property is part of a development or requires sectional title handling
5. Rental Management: Optional section for cases where the agent might need to manage the property rental if sale is not achieved
6. Digital Marketing Rights: Specific provisions for digital and social media marketing, including rights to images and virtual tours
7. FICA Compliance: Detailed section on Financial Intelligence Centre Act compliance requirements when dealing with foreign buyers or complex transactions
1. Schedule A - Property Description: Detailed description of the property including physical attributes, improvements, and specifications
2. Schedule B - Commission Structure: Detailed breakdown of commission calculations, including any sliding scales or special arrangements
3. Schedule C - Marketing Plan: Comprehensive marketing strategy and budget allocation
4. Schedule D - Property Compliance Certificates: List of required compliance certificates and their status
5. Schedule E - Property Photographs: Approved photographs and virtual tour content for marketing
6. Appendix 1 - Required Documentation: Checklist of all required documents from the seller
7. Appendix 2 - Property Disclosure Form: Seller's disclosure of property condition and known defects
Authors
Real Estate
Property Development
Property Management
Residential Property
Commercial Property
Luxury Real Estate
Industrial Property
Agricultural Property
Property Investment
Real Estate Sales
Legal
Compliance
Property Management
Marketing
Business Development
Operations
Contract Administration
Property Valuation
Document Management
Real Estate Agent
Property Practitioner
Estate Agency Principal
Property Sales Manager
Real Estate Broker
Property Marketing Manager
Legal Counsel
Compliance Officer
Property Valuer
Sales Director
Managing Director
Business Development Manager
Property Portfolio Manager
Contract Administrator
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