Exclusive Seller Brokerage Engagement Agreement Template for Nigeria

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Key Requirements PROMPT example:

Exclusive Seller Brokerage Engagement Agreement

"I need an Exclusive Seller Brokerage Engagement Agreement for a high-value commercial property in Lagos, Nigeria, with provisions for international marketing and a minimum listing period of 12 months starting January 2025; must include enhanced anti-money laundering compliance clauses."

Document background
The Exclusive Seller Brokerage Engagement Agreement is a critical document used in Nigerian real estate transactions when a property owner wishes to grant exclusive selling rights to a professional brokerage firm. This agreement is particularly important in the Nigerian market where real estate transactions require careful documentation and compliance with various regulations, including the Estate Agents and Brokers Registration Act and Money Laundering (Prohibition) Act. The document establishes the terms under which the broker will exclusively represent the seller, including the scope of services, commission structure, marketing strategies, and duration of the exclusive period. It provides protection for both the broker's interests in securing their commission and the seller's interests in ensuring professional representation. This type of agreement is commonly used for high-value properties or when sellers seek dedicated, focused attention from a single brokerage firm.
Suggested Sections

1. Parties: Identifies and provides full details of the property owner/seller and the brokerage firm, including registration numbers and contact information

2. Background: Explains the context of the agreement, including the seller's intention to sell the property and the broker's qualifications

3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Exclusive Period', 'Listing Price', and 'Commission'

4. Appointment and Scope: Establishes the exclusive appointment of the broker and details the specific services to be provided

5. Property Details: Comprehensive description of the property being listed, including legal description and current condition

6. Listing Price and Terms: Specifies the agreed listing price and acceptable terms of sale

7. Broker's Rights and Obligations: Details the broker's responsibilities, marketing commitments, and reporting obligations

8. Seller's Rights and Obligations: Outlines the seller's responsibilities, including providing accurate information and property access

9. Commission Structure: Details the commission rate, payment terms, and conditions under which commission becomes payable

10. Duration and Exclusivity: Specifies the length of the exclusive period and any automatic renewal provisions

11. Marketing Authorization: Grants specific permissions for marketing activities and use of property information

12. Representations and Warranties: Contains statements of fact and promises made by both parties

13. Termination: Outlines conditions and procedures for ending the agreement

14. Governing Law and Jurisdiction: Specifies Nigerian law as governing law and defines jurisdiction for disputes

15. Entire Agreement: Confirms the agreement represents the complete understanding between parties

Optional Sections

1. Protection Period: Defines a period after termination during which the broker remains entitled to commission for specific prospects - include when standard in the market

2. Multiple Listing Service: Include when the property will be listed on MLS systems, specifying terms and conditions

3. Virtual Tours and Digital Marketing: Include for properties where digital marketing will be a significant component

4. International Marketing: Include for high-value properties that may attract international buyers

5. Property Management: Include if the broker will provide property management services during the listing period

6. Dispute Resolution: Optional ADR provisions - include when parties prefer arbitration or mediation

7. Force Majeure: Include to address unforeseen circumstances preventing performance

8. Anti-Money Laundering Compliance: Include for high-value properties requiring enhanced due diligence

Suggested Schedules

1. Schedule A - Property Description: Detailed property specifications, including lot size, building plans, and amenities

2. Schedule B - Marketing Plan: Comprehensive marketing strategy and timeline

3. Schedule C - Commission Schedule: Detailed breakdown of commission structures and payment terms

4. Schedule D - Property Documents: List of all property-related documents provided by seller

5. Appendix 1 - Property Photographs: Official photographs of the property for marketing purposes

6. Appendix 2 - Broker's License: Copies of broker's professional licenses and registrations

7. Appendix 3 - Property Title Documents: Copies of relevant property ownership documents

8. Appendix 4 - Marketing Materials Template: Templates and formats for marketing materials

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
Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Retail Property

Industrial Property

Hospitality

Agriculture (for farmland sales)

Legal Services

Financial Services

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Operations

Property Management

Contract Administration

Risk Management

Marketing

Relevant Roles

Real Estate Broker

Property Manager

Real Estate Agent

Legal Counsel

Property Owner

Sales Director

Business Development Manager

Compliance Officer

Real Estate Portfolio Manager

Property Developer

Real Estate Investment Manager

Contract Manager

Real Estate Operations 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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