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Exclusive Brokerage Agreement Template for India

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Key Requirements PROMPT example:

Exclusive Brokerage Agreement

"I need an Exclusive Brokerage Agreement for my luxury residential development in Mumbai, with a 12-month exclusivity period starting March 2025, including specific performance targets for the broker and a detailed marketing plan requirement for high-end properties."

Document background
The Exclusive Brokerage Agreement is a crucial document in Indian real estate transactions where a property owner seeks to establish a dedicated relationship with a single broker or brokerage firm. This arrangement is particularly valuable for high-value properties or portfolios requiring focused marketing efforts and specialized expertise. The agreement, compliant with RERA 2016 and other Indian regulations, provides the broker with exclusive rights to market and sell/lease the property while protecting the owner's interests through defined performance standards and termination rights. It typically includes detailed provisions for commission structures, marketing obligations, property details, and the specific territory covered by the exclusivity arrangement. This document is especially relevant in professional real estate transactions where comprehensive marketing strategies and dedicated brokerage services are essential for optimal property exposure and successful deals.
Suggested Sections

1. Parties: Identifies the broker/brokerage firm and the client, including their full legal names, addresses, and registration details

2. Background: Explains the context of the agreement, including the client's intention to engage the broker exclusively

3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Territory', 'Exclusive Period', 'Commission', etc.

4. Appointment and Scope: Details the exclusive appointment of the broker and the specific services to be provided

5. Term and Exclusivity: Specifies the duration of the agreement and the nature of the exclusive relationship

6. Broker's Rights and Obligations: Lists the broker's responsibilities, including marketing efforts, showing properties, and maintaining licenses

7. Client's Rights and Obligations: Outlines the client's duties, including providing accurate information and cooperating with the broker

8. Commission Structure: Details the commission rates, calculation methods, and payment terms

9. Representations and Warranties: Contains statements of fact and promises made by both parties

10. Termination: Specifies conditions and procedures for ending the agreement

11. Confidentiality: Addresses the handling of confidential information shared during the relationship

12. Governing Law and Jurisdiction: Specifies that Indian law governs and designates jurisdiction for disputes

13. General Provisions: Includes standard clauses like notices, amendments, and severability

Optional Sections

1. Protection Period: Defines a period after termination during which the broker remains entitled to commission for specific leads - include when dealing with high-value properties

2. Digital Marketing: Specific provisions for online marketing and virtual showings - include when digital services are a significant component

3. Sub-Agents: Provisions allowing/restricting the broker's right to appoint sub-agents - include for large territories or complex assignments

4. International Transactions: Special provisions for international buyers/sellers - include when targeting international market

5. Force Majeure: Provisions for unforeseen circumstances - particularly relevant post-COVID

6. Dispute Resolution: Detailed arbitration or mediation procedures - include for high-value agreements

7. Insurance Requirements: Specific insurance obligations - include for high-value properties or risky transactions

Suggested Schedules

1. Schedule A - Property Details: Detailed description of the property(ies) covered under the agreement

2. Schedule B - Commission Structure: Detailed breakdown of commission rates for different types of transactions

3. Schedule C - Marketing Plan: Specific marketing activities and timeline proposed by the broker

4. Schedule D - Broker's Credentials: Copies of broker's licenses, registrations, and qualifications

5. Schedule E - Territory Definition: Detailed description or map of the exclusive territory

6. Appendix 1 - Required Disclosures: Standard disclosures required under RERA and other applicable laws

7. Appendix 2 - Service Level Standards: Detailed performance metrics and service standards

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
































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Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Industrial Property

Retail Property

Hospitality

Asset Management

Property Investment

Construction

Relevant Teams

Real Estate

Property Management

Business Development

Asset Management

Legal

Operations

Investment

Finance

Compliance

Risk Management

Sales

Marketing

Relevant Roles

Real Estate Broker

Property Manager

Business Development Manager

Asset Manager

Real Estate Agent

Property Developer

Investment Manager

Real Estate Portfolio Manager

Leasing Manager

Commercial Property Manager

Real Estate Operations Director

Chief Real Estate Officer

Property Services Director

Real Estate Investment Manager

Industries








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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