Real Estate Consultant Fee Agreement Template for England and Wales

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Key Requirements PROMPT example:

Real Estate Consultant Fee Agreement

"I need a Real Estate Consultant Fee Agreement for a six-month property portfolio review project starting March 2025, with success fees tied to identified cost savings and a clause allowing for potential extension of services."

Document background
The Real Estate Consultant Fee Agreement is designed for use when engaging professional real estate advisory services in England and Wales. This document is essential for protecting both consultants and clients by clearly defining the scope of services, compensation structure, and mutual obligations. It addresses key aspects such as success fees, exclusivity arrangements, and performance metrics while ensuring compliance with the Estate Agents Act 1979 and other relevant legislation. The agreement is particularly valuable for complex real estate transactions where professional guidance is required.
Suggested Sections

1. Parties: Identification of the consultant and client with full legal details

2. Background: Context of the agreement and brief description of services required

3. Definitions: Key terms used throughout the agreement including relevant legislation references

4. Scope of Services: Detailed description of consulting services to be provided

5. Fees and Payment Terms: Consultant's fees, payment schedule, and expenses

6. Term and Termination: Duration of agreement and termination provisions

7. Obligations of the Parties: Responsibilities of both consultant and client

8. Confidentiality: Provisions for handling confidential information

9. Data Protection: Compliance with UK GDPR and Data Protection Act requirements

10. Professional Indemnity: Insurance requirements and liability provisions

11. Governing Law: Specification of English and Welsh law as governing law

Optional Sections

1. Success Fee: Additional fee provisions based on specific outcomes or performance metrics

2. Exclusivity: Terms regarding exclusive rights to provide services in specified areas or properties

3. Sub-consulting: Terms and conditions for engaging sub-consultants

4. Non-Compete: Restrictions on working with competing clients or properties

5. Force Majeure: Provisions for unforeseen circumstances preventing performance

Suggested Schedules

1. Schedule of Services: Detailed breakdown of specific services to be provided

2. Fee Schedule: Detailed breakdown of fees, payment structure, and expenses

3. Property Schedule: Details of properties covered by the agreement

4. Professional Qualifications: Consultant's relevant certifications and qualifications

5. Service Level Agreement: Specific performance metrics and service standards

Authors

Alex Denne

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

Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

Estate Agents Act 1979: Primary legislation governing the conduct of estate agents and property consultants in the UK, including requirements for transparency in fees and services

Consumer Rights Act 2015: Defines consumer rights and business obligations, including requirements for transparency, fairness in contracts, and quality of service

Supply of Goods and Services Act 1982: Sets out implied terms in contracts for services, including the requirement that services must be carried out with reasonable care and skill

Unfair Contract Terms Act 1977: Regulates contracts by restricting how far civil liability for breach of contract can be avoided using contract terms

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices between traders and consumers, including misleading actions and omissions

Business Protection from Misleading Marketing Regulations 2008: Protects businesses from misleading marketing and sets comparative advertising standards

Property Ombudsman Scheme: Provides a framework for dispute resolution and sets professional standards for property professionals

RICS Professional Standards: Professional standards and ethical principles set by the Royal Institution of Chartered Surveyors for property professionals

Money Laundering Regulations 2017: Requirements for due diligence and prevention of money laundering in property transactions

UK General Data Protection Regulation: Regulations governing the processing and handling of personal data, including client information

Data Protection Act 2018: UK's implementation of data protection standards, complementing the UK GDPR

Financial Services and Markets Act 2000: Regulates financial services and markets, relevant when providing property-related financial advice

Payment Services Regulations 2017: Governs payment services and payment service providers, including handling of client funds

Common Law Contract Principles: Fundamental principles of contract formation, including offer, acceptance, consideration, and intention to create legal relations

Professional Indemnity Insurance Requirements: Mandatory insurance requirements for real estate consultants to protect against professional liability claims

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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