{{company_name}}
{{company_address}}
Phone: {{phone}} | Email: {{email}} | Web: {{website}}
Exclusive Buyer Agency Agreement
Exclusive Buyer Agency Agreement
{{company_name}} {{company_address}} Phone: {{phone}} Email: {{email}} Website: {{website}}
EXCLUSIVE BUYER AGENCY AGREEMENT
This Exclusive Buyer Agency Agreement (hereinafter referred to as 'Agreement') is made and entered into on this {{day}} day of {{month}}, {{year}}, by and between:
**{{buyer_name}}** (hereinafter referred to as 'Buyer'), residing at {{buyer_address}}, and
**{{company_name}}** (hereinafter referred to as 'Agency'), a duly registered real estate agency, with its principal place of business at {{company_address}}.
1. APPOINTMENT OF AGENCY
The Buyer hereby appoints the Agency as their sole and exclusive real estate agent for the purpose of locating and negotiating the purchase of real property in the geographical area of {{geographical_area}} (hereinafter referred to as 'Property'). This exclusive appointment shall commence on {{start_date}} and shall continue in full force and effect until {{end_date}} (hereinafter referred to as 'Term'), unless terminated earlier as provided herein.
2. AGENCY'S OBLIGATIONS
During the Term of this Agreement, the Agency shall:
a) Use its best efforts and professional expertise to identify suitable properties that meet the Buyer's criteria.
b) Present properties to the Buyer, schedule showings, and provide relevant information regarding identified properties.
c) Assist the Buyer in evaluating properties, including providing information on market conditions, property values, and potential defects.
d) Diligently negotiate on behalf of the Buyer, presenting all offers and counter-offers in a timely and ethical manner.
e) Maintain strict confidentiality concerning the Buyer's financial information, motivations, and other personal data.
f) Advise the Buyer on all aspects of the property purchase process, including making an offer, financing, due diligence, and legal considerations.
g) Assist the Buyer through the entire conveyancing process until property transfer.
3. BUYER'S OBLIGATIONS
During the Term of this Agreement, the Buyer shall:
a) Work exclusively with the Agency for the acquisition of property within the specified geographical area.
b) Promptly provide the Agency with accurate and complete information regarding their property requirements, financial capabilities, and motivations.
c) Be available to view properties and provide timely feedback to the Agency.
d) Not engage with any other real estate agent or broker to locate or purchase a property within the specified geographical area during the Term.
e) Not directly contact sellers or their agents regarding properties introduced by the Agency.
f) Act in good faith and not withhold any information that may affect the Agency's ability to perform its obligations.
4. REMUNERATION
In consideration for the services rendered by the Agency, the Buyer agrees to pay the Agency a commission of {{commission_percentage}}% of the final purchase price of any property acquired by the Buyer during the Term, or within {{protection_period}} days after the expiration of this Agreement if the property was introduced to the Buyer by the Agency during the Term. The commission shall be payable upon successful transfer of the property to the Buyer and shall be due from the proceeds of the sale, or directly from the Buyer if not paid by the seller, as per standard industry practice in South Africa.
5. INDEMNIFICATION
The Buyer agrees to indemnify and hold harmless the Agency, its employees, agents, and representatives from any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with any misrepresentation or breach of this Agreement by the Buyer, or any third-party claims resulting from the Buyer's actions or omissions.
6. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of South Africa.
7. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and negotiations, whether oral or written, between the parties. No amendment or modification of this Agreement shall be valid unless in writing and signed by both parties.
8. SIGNATURES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first above written.
____________________________ Buyer Signature Name: {{buyer_name}} Date: {{date}}
____________________________ For and on behalf of {{company_name}} Authorized Signature Name: {{agent_name}} Title: {{agent_title}} Date: {{date}}
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