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The Real Estate Agent Agreement With Broker is a fundamental document in the South African real estate industry, essential for establishing compliant and professional relationships between brokers and their agents. This agreement is required when a licensed real estate agent wishes to operate under a broker's supervision and license, as mandated by the Property Practitioners Act 22 of 2019. The document covers crucial aspects including commission structures, professional obligations, compliance requirements, and operational procedures. It's particularly important in South Africa due to the strict regulatory environment governing property practitioners, including requirements for Fidelity Fund Certificates, professional conduct, and financial compliance. The agreement helps ensure both parties understand their roles, responsibilities, and financial arrangements while maintaining compliance with South African real estate regulations.

1. Parties: Identification of the broker and the real estate agent, including their full legal names, registration numbers, and contact details

2. Background: Context of the agreement, including the broker's business operations and the agent's qualifications and Fidelity Fund Certificate status

3. Definitions and Interpretation: Definitions of key terms used in the agreement and rules for interpreting the agreement

4. Appointment and Status: Terms of the agent's appointment and clarification of their independent contractor status

5. Duration and Termination: Period of the agreement, renewal terms, and conditions for termination by either party

6. Agent's Obligations: Detailed responsibilities including compliance with laws, professional conduct, and reporting requirements

7. Broker's Obligations: Support services, training, and resources to be provided by the broker

8. Commission Structure: Detailed breakdown of commission splits, payment terms, and conditions for earning commission

9. Compliance Requirements: Obligations under Property Practitioners Act, FICA, and other relevant legislation

10. Confidentiality: Protection of confidential information and client data in accordance with POPIA

11. Non-Competition: Restrictions on competitive activities during and after the agreement

12. Professional Indemnity: Insurance requirements and liability provisions

13. Dispute Resolution: Procedures for handling disputes between parties

14. General Provisions: Standard clauses including notices, entire agreement, variation, and governing law