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Exclusive Contract (Real Estate)
"I need an Exclusive Contract (Real Estate) for a luxury apartment complex in Amsterdam, where my agency will have exclusive rights to market and sell 50 units for a 12-month period starting January 2025, with specific provisions for international marketing and a tiered commission structure."
1. Parties: Identification of the real estate agent and the client, including full legal names, addresses, and registration details
2. Background: Context of the agreement, including the client's intention to sell/lease the property and desire for exclusive representation
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Exclusive Period', 'Commission', and 'Transaction'
4. Appointment and Scope: Establishes the exclusive appointment and details the specific services to be provided by the agent
5. Duration and Exclusivity: Specifies the term of the agreement and the nature of the exclusive relationship
6. Agent's Obligations: Detailed listing of the agent's duties, responsibilities, and service commitments
7. Client's Obligations: Client's responsibilities, including providing accurate information and maintaining exclusivity
8. Commission Structure: Details of the agent's fees, when they become payable, and calculation method
9. Property Marketing: Agreed approach to marketing the property, including advertising methods and platforms
10. Termination: Circumstances under which the agreement can be terminated and the consequences
11. Liability and Indemnity: Limits of liability and indemnification provisions
12. Data Protection: Compliance with GDPR/AVG requirements and handling of personal data
13. Governing Law: Confirmation of Dutch law application and jurisdiction
14. Signatures: Execution blocks for all parties
1. Post-Termination Obligations: Used when specific obligations need to survive the end of the agreement
2. Special Marketing Arrangements: Include when there are specific marketing requirements or restrictions
3. Property Management Services: Added when the agent will provide additional property management services
4. International Marketing: Include when the property will be marketed internationally
5. Success Fee Structure: Used when including additional performance-based compensation
6. Anti-Money Laundering Compliance: Detailed section when dealing with high-value properties or complex ownership structures
7. Force Majeure: Include when specific provisions for unforeseen circumstances are needed
1. Property Details: Detailed description of the property, including address, registration details, and specifications
2. Commission Schedule: Detailed breakdown of commission rates, calculation methods, and payment terms
3. Marketing Plan: Comprehensive marketing strategy and timeline
4. Service Level Agreement: Detailed performance metrics and service standards
5. Proof of Identity Requirements: Required documentation for AML compliance
6. Agency Terms and Conditions: Standard terms and conditions of the real estate agency
7. Privacy Notice: Detailed GDPR/AVG compliance information and data processing details
Authors
Real Estate
Property Development
Commercial Property
Residential Property
Property Investment
Property Management
Legal Services
Financial Services
Construction
Urban Development
Legal
Compliance
Real Estate
Sales
Business Development
Property Management
Asset Management
Contract Administration
Risk Management
Marketing
Real Estate Agent
Property Manager
Legal Counsel
Compliance Officer
Business Development Manager
Sales Director
Property Development Manager
Contract Manager
Real Estate Portfolio Manager
Investment Manager
Property Consultant
Real Estate Broker
Asset Manager
Transaction Manager
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