Non Exclusive Buyer Representation Agreement Template for South Africa

The Non-Exclusive Buyer Representation Agreement is a fundamental document in South African real estate transactions, designed to protect both buyers and agents while maintaining flexibility in the property search process. This agreement is typically used when a buyer wants to retain the services of a real estate agent while maintaining the freedom to work with other agents or pursue properties independently. The document complies with the Property Practitioners Act 22 of 2019 and other relevant South African legislation, including consumer protection laws and FICA requirements. It outlines the agent's duties in property search, viewing coordination, and negotiation assistance, while clearly stating the non-exclusive nature of the relationship. The agreement is particularly valuable in competitive property markets where buyers want to maximize their chances of finding suitable properties through multiple channels.

1. Parties: Identification of the buyer (client) and the real estate agent/agency, including full legal names, registration numbers, and contact details

2. Background: Context of the agreement, explaining the buyer's intention to purchase property and the agent's role in assisting with the search

3. Definitions: Key terms used in the agreement, including 'Property', 'Territory', 'Commission', 'Effective Period', and other relevant terms

4. Appointment and Scope: Details of the agent's appointment, emphasizing the non-exclusive nature, and defining the geographical area and property types covered

5. Duration: Term of the agreement, including start date, end date, and any renewal provisions

6. Agent's Services and Obligations: Comprehensive list of services the agent will provide, including property search, viewings, negotiations, and professional advice

7. Buyer's Obligations: Client's responsibilities, including providing accurate information, maintaining communication, and acting in good faith

8. Commission Structure: Details of any fees or commission payable, including payment terms and conditions

9. Non-Exclusive Arrangement: Explicit clarification that the buyer may work with other agents and direct sellers

10. Confidentiality: Obligations regarding confidential information and compliance with POPIA

11. Termination: Circumstances and procedures for ending the agreement

12. General Provisions: Standard clauses including notices, entire agreement, governing law, and dispute resolution