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Real Estate Commission Agreement

This Real Estate Commission Agreement outlines the terms and conditions under which a commission will be paid to a real estate agent or broker for services rendered in the sale or lease of a property. It is suitable for use by real estate agencies, property owners, and individuals engaging in property transactions across various African jurisdictions.

Updated 17d ago
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Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Real Estate Commission Agreement

This Real Estate Commission Agreement (hereinafter referred to as the “Agreement”) is made and entered into on this {{day}} day of {{month}}, {{year}}, by and between:

**{{owner_name}}**, residing at {{owner_address}} (hereinafter referred to as the “Owner”) and

**{{agent_name}}**, a real estate agent/broker operating under {{agency_name}}, with business address at {{agency_address}} (hereinafter referred to as the “Agent”).

Recitals

WHEREAS, the Owner is the legal owner of the property located at {{property_address}} (hereinafter referred to as the “Property”);

WHEREAS, the Owner desires to engage the Agent to facilitate the sale/lease of the Property;

WHEREAS, the Agent is a licensed real estate professional capable of providing such services;

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree as follows:

Appointment of Agent

The Owner hereby appoints the Agent as their exclusive/non-exclusive agent for the period commencing on {{start_date}} and terminating on {{end_date}} (hereinafter referred to as the “Engagement Period”), to market and secure a buyer/tenant for the Property.

Commission Structure

In consideration for the services rendered by the Agent, the Owner agrees to pay the Agent a commission calculated as follows:

a) **Sale of Property**: {{commission_percentage}}% of the final sale price of the Property, or a fixed sum of {{currency}} {{fixed_commission_amount}}, whichever is applicable, upon successful closing and transfer of title. The sale price shall be {{currency}} {{sale_price}}.

b) **Lease of Property**: {{commission_percentage}}% of the total rentals for the first {{number_of_months}} months of the lease term, or a fixed sum of {{currency}} {{fixed_lease_commission_amount}}, whichever is applicable, payable upon the execution of the lease agreement and receipt of the first month's rent. The monthly rental shall be {{currency}} {{monthly_rental}}.

The commission shall be due and payable within {{payment_days}} days of the successful completion of the transaction (e.g., property transfer or lease agreement signing).

Expenses

Unless otherwise agreed in writing, all marketing and advertising expenses associated with the sale/lease of the Property shall be borne by the {{expense_bearer}} (e.g., Agent/Owner). Any extraordinary expenses exceeding {{currency}} {{expense_threshold}} must be approved by the Owner in writing prior to being incurred.

Agent's Obligations

The Agent agrees to use best efforts to market the Property, including but not limited to, listing the Property on relevant platforms, conducting showings, and negotiating offers on behalf of the Owner. The Agent shall keep the Owner informed of all significant developments regarding the Property.

Owner's Obligations

The Owner agrees to provide the Agent with all necessary information and documentation pertaining to the Property, including title deeds, permits, and any other relevant disclosures. The Owner shall not directly negotiate with prospective buyers/tenants introduced by the Agent during the Engagement Period.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of {{country}}. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration in accordance with the arbitration laws of {{country}}, or by a court of competent jurisdiction in {{city}}, {{country}}.

Entire Agreement

This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written, relating to the subject matter hereof. Any modification to this Agreement must be in writing and signed by both parties.

Signature Block

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

**Owner:**

_____________________________

Name: {{owner_signature_name}}

Date: {{owner_signature_date}}

**Agent:**

_____________________________

Name: {{agent_signature_name}}

Date: {{agent_signature_date}}

**Witnesses:**

_____________________________

Name: {{witness1_name}}

Address: {{witness1_address}}

Date: {{witness1_date}}

_____________________________

Name: {{witness2_name}}

Address: {{witness2_address}}

Date: {{witness2_date}}

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