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Exclusive Right to Sell

This template grants a real estate agent exclusive rights to sell a property within a specified period, ensuring they are the only party authorized to market and negotiate the sale. It is used when a property owner wishes to appoint a sole agent for their property.

Updated 15d ago
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Company Letterhead

{{company_name}}

{{company_address}}

Phone: {{phone}}

Email: {{email}}

Website: {{website}}

Exclusive Right to Sell Agreement

This Exclusive Right to Sell Agreement ("Agreement") is made and entered into on this {{day}} day of {{month}}, {{year}}, by and between:

OWNER(S):

{{owner_name}}

{{owner_address}}

{{owner_phone}}

{{owner_email}}

(hereinafter referred to as "the Owner")

AND

AGENT:

{{agent_company_name}}

{{agent_address}}

{{agent_phone}}

{{agent_email}}

(hereinafter referred to as "the Agent")

1. APPOINTMENT OF AGENT

The Owner hereby grants to the Agent the exclusive right to sell the property located at {{property_address}} (hereinafter referred to as "the Property"), including all fixtures and improvements thereon, for a period commencing on {{start_date}} and terminating on {{end_date}} (hereinafter referred to as "the Mandate Period"). During the Mandate Period, the Owner shall not appoint any other agent or broker, nor shall the Owner directly negotiate or sell the Property to any third party.

2. SELLING PRICE

The agreed-upon selling price for the Property is {{currency}} {{selling_price}} ({{selling_price_words}}). The Owner acknowledges that this is an asking price and that the final selling price may be subject to negotiation. Any offer below the agreed-upon selling price will be communicated to the Owner for their acceptance or rejection.

3. AGENT'S COMMISSION

In consideration of the services rendered by the Agent, the Owner agrees to pay the Agent a commission of {{commission_percentage}}% of the gross selling price of the Property, or a fixed fee of {{currency}} {{fixed_fee}}, whichever is applicable, upon successful registration of transfer of the Property into the purchaser's name. The commission shall be due and payable even if the Property is sold: (a) by the Owner or any other person during the Mandate Period; or (b) after the Mandate Period to a purchaser introduced to the Property by the Agent during the Mandate Period.

4. AGENT'S OBLIGATIONS

The Agent agrees to: (a) Advertise and market the Property diligently and professionally. (b) Present all offers to purchase to the Owner promptly. (c) Assist in negotiations between the Owner and prospective purchasers. (d) Keep the Owner informed of all activities related to the sale of the Property. (e) Provide a Comparative Market Analysis (CMA) if requested by the Owner.

5. OWNER'S OBLIGATIONS

The Owner agrees to: (a) Provide the Agent with all necessary information and documentation pertaining to the Property. (b) Allow the Agent reasonable access to the Property for viewings by prospective purchasers. (c) Not interfere with the Agent's marketing efforts. (d) Refer all enquiries regarding the sale of the Property to the Agent.

6. TERMINATION

This Agreement may be terminated by either party with {{notice_period}} days' written notice, provided such termination does not circumvent the Agent's right to commission on a sale originating during the Mandate Period. In the event the Owner breaches any terms of this Agreement, the Agent reserves the right to claim damages.

7. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of {{country}}.

8. 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 amendment to this Agreement must be in writing and signed by both parties.

Signature Block

__________________________ Owner's Signature Date: {{owner_signature_date}}

__________________________ Agent's Signature Date: {{agent_signature_date}}

__________________________ Witness Signature (Owner) Date: {{witness_owner_signature_date}}

__________________________ Witness Signature (Agent) Date: {{witness_agent_signature_date}}

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