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Real Estate Broker Referral Agreement
"I need a Real Estate Broker Referral Agreement for my Cape Town agency to receive referrals from international brokers, with a focus on luxury residential properties and a tiered commission structure starting from March 2025."
1. Parties: Identification of the referring broker and receiving broker, including their full legal names, registration numbers, PPRA registration details, and physical addresses
2. Background: Context of the referral relationship, including the purpose of the agreement and the general nature of the referral arrangement
3. Definitions: Key terms used in the agreement, including 'Referral', 'Referral Fee', 'Successful Transaction', 'Property', and other relevant terms
4. Scope of Agreement: Details of the referral arrangement, including territories covered and types of properties/transactions included
5. Referral Process: Step-by-step process for making and accepting referrals, including communication requirements and timeframes
6. Compensation: Structure and terms of referral fees, including calculation method, payment timing, and conditions for fee eligibility
7. Representations and Warranties: Declarations by both parties regarding their legal capacity, professional status, and compliance with relevant laws
8. Confidentiality: Obligations regarding confidential information and client data protection in accordance with POPIA
9. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
10. General Provisions: Standard clauses including notices, entire agreement, governing law, and dispute resolution
1. Exclusivity: Terms regarding exclusive referral rights in specific territories or for specific client types - used when parties agree to exclusive arrangements
2. International Referrals: Additional provisions for cross-border referrals, including currency handling and compliance with international laws - used for agreements with international scope
3. Marketing and Co-Branding: Terms governing how parties may use each other's brands and market the referral relationship - used when parties want to actively promote their collaboration
4. Professional Insurance: Requirements for maintaining professional indemnity insurance - used in high-value or high-risk referral arrangements
5. Data Protection Protocol: Detailed procedures for handling personal information - used when extensive client data sharing is anticipated
6. Sub-Referral Rights: Terms governing the right to further refer clients to other brokers - used when allowing for multi-tier referral arrangements
1. Schedule A - Fee Structure: Detailed breakdown of referral fee percentages, calculation methods, and examples
2. Schedule B - Referral Territory: Detailed description or map of the geographical areas covered by the agreement
3. Schedule C - Required Documentation: List of documents and forms required for processing referrals
4. Schedule D - Contact Persons: List of key contact persons and their details for both parties
5. Appendix 1 - Referral Form Template: Standard form to be used when making referrals
6. Appendix 2 - Compliance Checklist: Checklist ensuring compliance with Property Practitioners Act and other relevant legislation
Authors
Applicable Laws
Business Day
Commencement Date
Confidential Information
Effective Date
FICA
Intellectual Property Rights
Parties
Personal Information
POPIA
PPRA
Property
Property Practitioner
Property Transaction
Receiving Broker
Referring Broker
Referral
Referral Client
Referral Fee
Referral Notice
Referral Period
Referral Territory
Successful Transaction
Term
Transaction Value
VAT
Appointment
Scope of Services
Referral Process
Compensation
Payment Terms
Professional Obligations
Regulatory Compliance
Representations and Warranties
Confidentiality
Data Protection
Intellectual Property
Non-Solicitation
Non-Competition
Term and Duration
Termination
Force Majeure
Liability and Indemnification
Insurance
Assignment
Dispute Resolution
Notices
Governing Law
Severability
Entire Agreement
Amendment
Costs
Good Faith
Anti-Corruption
Signature
Residential Real Estate
Commercial Real Estate
Industrial Real Estate
Retail Real Estate
Agricultural Real Estate
Luxury Real Estate
Property Development
Real Estate Investment
Property Management
Legal
Compliance
Real Estate Sales
Business Development
Operations
Client Relations
Partnership Management
Risk Management
Finance
Administrative Support
Real Estate Broker
Property Practitioner
Real Estate Agency Principal
Property Sales Manager
Real Estate Agent
Compliance Officer
Legal Counsel
Business Development Manager
Real Estate Operations Manager
Property Portfolio Manager
Client Relations Manager
Real Estate Partnership Manager
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