Broker Referral Fee Agreement Template for India

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Key Requirements PROMPT example:

Broker Referral Fee Agreement

"I need a Broker Referral Fee Agreement for my Mumbai-based real estate agency to establish a referral network with five other property brokers, including a 5% commission structure and quarterly payment terms, to be implemented from January 2025."

Document background
The Broker Referral Fee Agreement is essential for businesses operating in India where professional intermediaries collaborate to expand their client base and service offerings. This document is particularly crucial in regulated industries such as financial services, real estate, and insurance, where referral arrangements must comply with specific regulatory requirements. The agreement addresses key aspects required under Indian law, including the Indian Contract Act, 1872, SEBI regulations, and where applicable, RERA provisions. It establishes clear parameters for referral relationships, ensuring transparency in fee arrangements and compliance with tax regulations. The document is designed to protect both parties' interests while maintaining regulatory compliance and professional standards in the Indian market context.
Suggested Sections

1. Parties: Identifies and provides full details of the referring broker and the receiving broker/business

2. Background: Outlines the context of the agreement, including the nature of the businesses and purpose of the referral arrangement

3. Definitions: Defines key terms used throughout the agreement including 'Referral', 'Referral Fee', 'Qualified Lead', etc.

4. Scope of Services: Details the nature of referrals to be made and the specific services covered under the agreement

5. Referral Process: Describes the procedure for making and accepting referrals, including any qualification criteria

6. Fees and Payment Terms: Specifies the referral fee structure, calculation method, payment timing, and invoicing requirements

7. Obligations and Responsibilities: Lists the duties of each party in the referral relationship

8. Compliance Requirements: Outlines regulatory compliance obligations, including licensing and registration requirements

9. Confidentiality: Addresses the treatment of confidential information shared between parties

10. Term and Termination: Specifies the duration of the agreement and conditions for termination

11. General Provisions: Standard clauses including governing law, notices, amendment process, and dispute resolution

Optional Sections

1. Non-Solicitation: Restricts parties from directly soliciting each other's clients or employees - include when protecting client relationships is crucial

2. Exclusivity: Establishes whether the referral arrangement is exclusive - include when parties want territorial or sector-based exclusivity

3. Marketing and Branding: Guidelines for using each other's brands and marketing materials - include when joint marketing is contemplated

4. Training and Support: Details any training or support provided between parties - include when specific expertise transfer is needed

5. Insurance Requirements: Specifies required insurance coverage - include for high-risk or regulated industries

6. Data Protection: Addresses handling of personal data - include when dealing with sensitive customer information

7. Force Majeure: Covers unforeseeable circumstances - include for long-term or high-value arrangements

8. Assignment Rights: Controls ability to transfer agreement rights - include when protecting against unauthorized transfers

Suggested Schedules

1. Schedule A - Fee Structure: Detailed breakdown of referral fees, including any tiered pricing or bonus structures

2. Schedule B - Referral Criteria: Specific criteria for qualified referrals and any exclusions

3. Schedule C - Territory Definition: Geographic or market segment definitions if territory-based restrictions apply

4. Schedule D - Reporting Templates: Standard forms for tracking and reporting referrals

5. Appendix 1 - Compliance Checklist: Regulatory compliance requirements and documentation checklist

6. Appendix 2 - Contact Information: Key contact details for both parties including escalation matrix

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

Relevant legal definitions
Clauses
Relevant Industries

Financial Services

Real Estate

Insurance

Investment Banking

Wealth Management

Professional Services

Business Consulting

Property Management

Commercial Brokerage

Mortgage Banking

Relevant Teams

Legal

Compliance

Finance

Business Development

Sales

Operations

Risk Management

Commercial

Partner Relations

Strategic Partnerships

Relevant Roles

Business Development Manager

Compliance Officer

Legal Counsel

Chief Financial Officer

Relationship Manager

Managing Director

Partner

Broker

Financial Advisor

Sales Director

Operations Manager

Risk Manager

Commercial Director

Business Consultant

Channel 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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