Agreement Between Landlord And Real Estate Agent Template for South Africa

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Key Requirements PROMPT example:

Agreement Between Landlord And Real Estate Agent

"I need an Agreement Between Landlord And Real Estate Agent for my residential property in Cape Town, with standard property management services and a 5% commission structure, ensuring compliance with South African property laws."

Document background
The Agreement Between Landlord And Real Estate Agent is a crucial document in South African property management that formalizes the professional relationship between property owners and their chosen real estate representatives. This agreement is essential when a property owner wishes to delegate the management, marketing, and leasing of their property to a professional agent or agency. The document is structured to comply with South African legislation, particularly the Property Practitioners Act 22 of 2019 and related regulations. It typically includes detailed provisions for property management services, commission structures, agent authority limits, maintenance procedures, financial management, and compliance requirements. The agreement is particularly important for protecting both parties' interests and ensuring clear communication of responsibilities and expectations in the property management relationship.
Suggested Sections

1. Parties: Identification of the Landlord and the Real Estate Agent, including registration numbers and license details

2. Background: Context of the agreement, including the Landlord's ownership of the property and desire to appoint the Agent

3. Definitions: Definitions of key terms used throughout the agreement

4. Appointment and Duration: Terms of the Agent's appointment, whether exclusive or non-exclusive, and duration of the agreement

5. Agent's Authority: Scope of authority granted to the Agent in managing and letting the property

6. Agent's Obligations: Detailed responsibilities including marketing, tenant screening, rent collection, and property maintenance coordination

7. Landlord's Obligations: Landlord's responsibilities including providing necessary information and maintaining the property

8. Commission and Fees: Structure and timing of commission payments and additional service fees

9. Property Maintenance: Procedures for handling maintenance requests and emergency repairs

10. Financial Management: Handling of rental income, deposits, and expense payments

11. Compliance: Obligations regarding legal compliance and required documentation

12. Termination: Conditions and procedures for terminating the agreement

13. Dispute Resolution: Process for handling disputes between parties

14. General Provisions: Standard clauses including notices, entire agreement, and governing law

Optional Sections

1. Multiple Properties Management: Additional terms for managing multiple properties - include when the landlord has more than one property under management

2. Special Services: Additional services offered by the agent beyond standard property management - include when offering premium services

3. Foreign Owner Provisions: Special requirements for foreign property owners - include when the landlord is not a South African resident

4. Property Development Services: Terms for handling property improvements or developments - include when the agent will oversee renovations or improvements

5. Marketing Budget: Detailed marketing expenditure terms - include when specific marketing budgets are agreed upon

6. Sub-Agency Rights: Terms for appointing sub-agents - include when the agent may need to delegate certain duties

Suggested Schedules

1. Schedule A - Property Details: Detailed description of the property/properties under management

2. Schedule B - Commission Structure: Detailed breakdown of commission rates and calculation methods

3. Schedule C - Management Services: Comprehensive list of included management services and their frequency

4. Schedule D - Fee Schedule: Breakdown of additional fees for special services

5. Schedule E - Maintenance Contractors: List of approved maintenance contractors and service providers

6. Appendix 1 - Property Photographs: Current photographs and condition report of the property

7. Appendix 2 - Required Documentation: Copies of necessary certificates, permits, and compliance documents

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 Management

Property Investment

Residential Property

Commercial Property

Property Development

Rental Management

Professional Services

Relevant Teams

Legal

Property Management

Operations

Business Development

Compliance

Administration

Finance

Client Services

Facilities Management

Marketing

Relevant Roles

Real Estate Agent

Property Manager

Property Practitioner

Rental Manager

Estate Agency Principal

Property Portfolio Manager

Leasing Consultant

Real Estate Attorney

Compliance Officer

Operations Manager

Business Development Manager

Property Administrator

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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