Buyer Broker Agreement Template for India

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Key Requirements PROMPT example:

Buyer Broker Agreement

"I need a Buyer Broker Agreement for a commercial property search in Mumbai, India, with a 6-month exclusive period starting January 2025, including specific provisions for multiple property viewings and a tiered commission structure based on final purchase value."

Document background
The Buyer Broker Agreement is a crucial document in Indian real estate transactions that formalizes the relationship between a property buyer and their chosen real estate broker. This agreement becomes necessary when a potential buyer seeks professional assistance in identifying, evaluating, and acquiring real estate properties. The document, which must comply with the Real Estate (Regulation and Development) Act 2016 and state-specific regulations, typically includes detailed provisions about the broker's services, compensation structure, exclusivity terms, and the duration of the engagement. It serves to protect both parties' interests by clearly defining their rights, obligations, and the scope of services, while ensuring transparency in the property acquisition process. The agreement is particularly important in India's complex real estate market where professional representation can significantly impact transaction outcomes.
Suggested Sections

1. Parties: Identification and details of the broker and the buyer, including RERA registration numbers for brokers

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Key terms used throughout the agreement including 'Property', 'Services', 'Commission', etc.

4. Appointment and Scope of Services: Formal appointment of broker and detailed description of services to be provided

5. Term and Termination: Duration of the agreement and conditions for termination

6. Broker's Rights and Obligations: Detailed responsibilities of the broker including property search, negotiation, and documentation assistance

7. Buyer's Rights and Obligations: Buyer's commitments, including cooperation and information provision

8. Commission and Payment Terms: Structure and timing of broker's compensation

9. Exclusivity: Terms regarding exclusive representation by the broker

10. Confidentiality: Provisions for handling confidential information

11. Representations and Warranties: Standard declarations by both parties

12. Dispute Resolution: Process for handling disagreements and jurisdiction details

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

Optional Sections

1. Digital Communications: Terms for electronic communications and virtual property viewings, relevant when parties agree to conduct business digitally

2. Sub-Agency: Terms allowing broker to appoint sub-agents, included when broker may need to delegate tasks

3. International Transactions: Additional provisions for non-resident Indian buyers or international properties

4. Property Type Specific Clauses: Special provisions based on property type (commercial, residential, industrial)

5. Force Majeure: Provisions for unforeseen circumstances preventing performance

6. Anti-Money Laundering Compliance: Additional compliance requirements for high-value transactions

Suggested Schedules

1. Schedule A - Service Details: Detailed breakdown of broker's services and responsibilities

2. Schedule B - Commission Structure: Detailed commission calculations and payment scenarios

3. Schedule C - Buyer's Requirements: Specific requirements and preferences for the property search

4. Schedule D - Excluded Properties: List of properties or dealings excluded from the agreement

5. Appendix 1 - Required Documents: List of documents required from buyer and broker

6. Appendix 2 - RERA Compliance Checklist: Regulatory compliance requirements and declarations

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

Residential Real Estate

Commercial Real Estate

Industrial Real Estate

Retail Real Estate

Hospitality Real Estate

Mixed-use Development

Agricultural Real Estate

Special Economic Zones

Relevant Teams

Legal

Real Estate

Compliance

Property Acquisition

Contract Administration

Business Development

Corporate Services

Investment

Risk Management

Operations

Relevant Roles

Real Estate Broker

Property Consultant

Real Estate Agent

Legal Counsel

Compliance Officer

Property Acquisition Manager

Real Estate Transaction Manager

Business Development Manager

Contract Administrator

Property Portfolio Manager

Real Estate Investment Advisor

Corporate Real Estate 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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