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Real Estate Referral Form

Real Estate Referral Form Template for South Africa

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Key Requirements PROMPT example:

Real Estate Referral Form

"I need a Real Estate Referral Form for my Johannesburg agency to refer residential property clients to a Cape Town agency, with a 25% referral commission structure and a 6-month validity period starting March 2025."

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Document background
The Real Estate Referral Form is a crucial document in South Africa's property sector, designed to facilitate and formalize referral arrangements between real estate professionals. It is primarily used when one agent or agency refers a client to another, typically due to geographic limitations, specialization requirements, or capacity constraints. The document must comply with South African legislation, particularly the Property Practitioners Act 22 of 2019, FICA, and POPIA. It includes essential details such as party identification, commission arrangements, duration of the referral relationship, and confidentiality provisions. This standardized form helps prevent disputes, ensures clear communication of terms, and protects the interests of all parties involved in the referral process.
Suggested Sections

1. Parties: Identification of the referring agent/agency and receiving agent/agency, including their registration numbers and contact details

2. Background: Brief context explaining the purpose of the referral arrangement

3. Definitions: Key terms used in the agreement including 'Referral', 'Commission', 'Property Transaction', and 'Referred Client'

4. Client Information: Details of the referred client(s), including contact information and property requirements (buying/selling)

5. Referral Terms: Specific details of the referral, including the nature of services to be provided

6. Commission Structure: Clear outline of the referral fee or commission split arrangement between parties

7. Duration: Period for which the referral arrangement is valid

8. Confidentiality: Provisions for handling confidential information and compliance with POPIA

9. Signatures: Execution section for both parties to sign and date the agreement

Optional Sections

1. International Provisions: Additional terms for international referrals, including currency considerations and cross-border requirements

2. Exclusive Rights: Terms establishing exclusivity of the referral arrangement, if applicable

3. Multiple Property Provisions: Additional terms for cases involving multiple properties or portfolio referrals

4. Digital Communication Consent: Specific provisions for electronic communications and marketing consent as per POPIA

5. Dispute Resolution: Specific procedures for handling disputes between parties

Suggested Schedules

1. Schedule A - Property Details: Detailed information about specific properties if the referral relates to particular properties

2. Schedule B - Commission Calculation: Detailed breakdown of commission calculations and payment terms

3. Schedule C - FICA Requirements: Checklist and requirements for FICA compliance

4. Appendix 1 - Client Requirements: Detailed specification of client's property requirements or preferences

5. Appendix 2 - Agency Credentials: Copies of relevant real estate licenses and certifications

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Real Estate

Property Development

Property Management

Real Estate Investment

Residential Property

Commercial Property

Property Consulting

Property Services

Relevant Teams

Sales

Operations

Legal

Compliance

Business Development

Property Management

Administrative Support

Client Relations

Commission Processing

Documentation

Relevant Roles

Real Estate Agent

Property Practitioner

Real Estate Broker

Property Manager

Estate Agency Principal

Real Estate Sales Manager

Property Consultant

Real Estate Business Development Manager

Compliance Officer

Real Estate Operations Manager

Property Portfolio Manager

Industries
Property Practitioners Act 22 of 2019: This Act replaced the Estate Agency Affairs Act and regulates the conduct of property practitioners, including requirements for referral arrangements and commission structures
Consumer Protection Act 68 of 2008: Protects consumers in property transactions and ensures fair, reasonable, and honest dealing in referral arrangements
Financial Intelligence Centre Act 38 of 2001 (FICA): Requires proper identification and verification of parties involved in property transactions to prevent money laundering
Protection of Personal Information Act 4 of 2013 (POPIA): Governs how personal information must be collected, processed, stored, and shared in any business transaction, including real estate referrals
Electronic Communications and Transactions Act 25 of 2002: Relevant if the referral form will be executed or transmitted electronically, ensuring legal validity of electronic documents and signatures
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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