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Cooperating Broker Compensation Agreement
"I need a Cooperating Broker Compensation Agreement for my Sydney-based residential property brokerage to partner with a Melbourne agency, with a 60-40 commission split for cross-city referrals and specific provisions for luxury properties valued over $2 million."
1. Parties: Identifies the cooperating brokers entering into the agreement, including their legal names, license numbers, and business addresses
2. Background: Explains the context of the agreement, including the brokers' desire to collaborate and share compensation for referred business
3. Definitions: Defines key terms used throughout the agreement, including 'Referral', 'Commission', 'Qualified Lead', and 'Territory'
4. Scope of Cooperation: Outlines the nature and extent of the cooperation between the brokers
5. Compensation Structure: Details the agreed-upon commission splits, referral fees, and payment terms
6. Payment Terms: Specifies when and how payments will be made, including payment methods and timing
7. Responsibilities of Parties: Lists the obligations and duties of each broker in the cooperative relationship
8. Confidentiality: Addresses the handling of confidential information shared between brokers
9. Term and Termination: Specifies the duration of the agreement and conditions for termination
10. Dispute Resolution: Outlines the process for resolving any disputes between the parties
11. Governing Law: Specifies that Australian law governs the agreement and identifies the relevant jurisdiction
12. Execution: Formal signing section with space for signatures, dates, and witness details
1. Territory Restrictions: Defines geographic limitations on the cooperation, used when brokers want to limit their cooperation to specific areas
2. Exclusivity: Addresses whether the cooperation arrangement is exclusive, used when brokers want to establish exclusive referral relationships
3. Marketing and Branding: Guidelines for co-marketing and brand usage, included when brokers plan joint marketing activities
4. Professional Insurance: Requirements for maintaining professional liability insurance, included for high-value or high-risk cooperation arrangements
5. Data Protection: Detailed protocols for handling personal data, included when significant customer data sharing is involved
6. Training Requirements: Specifies any required training or certifications, included when specific expertise is necessary
7. Force Majeure: Provisions for unforeseen circumstances, included for longer-term or more complex arrangements
1. Schedule A - Commission Structure: Detailed breakdown of commission splits and referral fees for different types of transactions
2. Schedule B - Territory Map: Visual representation and description of any geographic territories covered by the agreement
3. Schedule C - Required Documentation: List of documents required for processing referrals and commission payments
4. Schedule D - Contact Details: List of key contacts and their roles within each brokerage
5. Appendix 1 - Referral Process: Step-by-step process for making and accepting referrals
6. Appendix 2 - Commission Calculator: Tools or formulas for calculating commission splits in various scenarios
Authors
Applicable Law
Business Day
Commission
Confidential Information
Cooperating Broker
Effective Date
Eligible Transaction
Force Majeure Event
Intellectual Property Rights
Lead Broker
Licensed Activities
Net Commission
Participating Broker
Property
Qualified Lead
Real Estate Transaction
Referral
Referral Commission
Referral Fee
Related Entity
Representative
Services
Term
Territory
Transaction
Working Hours
Scope of Authority
Commission Structure
Payment Terms
Referral Process
Territory Rights
Performance Standards
Confidentiality
Data Protection
Non-Solicitation
Non-Compete
Intellectual Property
Record Keeping
Compliance
Insurance
Representations and Warranties
Indemnification
Term and Termination
Force Majeure
Assignment
Dispute Resolution
Governing Law
Entire Agreement
Severability
Notices
Amendment
Waiver
Relationship of Parties
Costs and Expenses
Good Faith
Real Estate
Property Development
Commercial Property
Residential Property
Business Brokerage
Property Management
Professional Services
Financial Services
Legal
Finance
Operations
Sales
Compliance
Administration
Business Development
Executive Leadership
Commission Processing
Risk Management
Real Estate Broker
Business Broker
Agency Principal
Sales Director
Commission Manager
Compliance Officer
Real Estate Agent
Property Manager
Business Development Manager
Operations Manager
Finance Manager
Legal Counsel
Managing Director
Chief Executive Officer
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