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Real Estate Consulting Agreement Template for South Africa

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Key Requirements PROMPT example:

Real Estate Consulting Agreement

"I need a Real Estate Consulting Agreement for my property development firm to engage a consultant for a 12-month project starting March 2025, focused on retail property market analysis in Cape Town, with specific provisions for performance metrics and monthly reporting requirements."

Document background
The Real Estate Consulting Agreement is essential for professional real estate consultants and firms operating in South Africa who provide advisory services related to property transactions, development, or management. This agreement is designed to comply with South African legislation, including the Property Practitioners Act 22 of 2019 and the Consumer Protection Act. It should be used when engaging consultants for services such as market analysis, property valuation, development feasibility studies, or strategic property portfolio advice. The document typically includes detailed scope of services, professional fees, performance standards, and necessary compliance requirements specific to the South African real estate sector. It provides protection for both consultants and clients while ensuring transparency and professional standards in the delivery of real estate consulting services.
Suggested Sections

1. Parties: Identification of the consultant and client, including full legal names, registration numbers, and physical addresses

2. Background: Context of the agreement and brief description of the parties' intention to enter into a real estate consulting relationship

3. Definitions and Interpretation: Key terms used in the agreement and rules for interpreting the document

4. Appointment and Scope of Services: Formal appointment of consultant and detailed description of services to be provided

5. Duration: Term of the agreement, including commencement date and termination provisions

6. Consultant's Obligations: Detailed responsibilities and duties of the consultant, including professional standards and deliverables

7. Client's Obligations: Responsibilities of the client, including provision of information and access requirements

8. Fees and Payment Terms: Consulting fees, payment schedule, expenses, and invoicing procedures

9. Confidentiality: Protection of confidential information and trade secrets

10. Intellectual Property: Ownership and usage rights of materials and deliverables

11. Professional Indemnity: Professional insurance requirements and liability limitations

12. Termination: Grounds for termination and consequences thereof

13. General Provisions: Standard legal clauses including notices, whole agreement, variation, and governing law

Optional Sections

1. Non-Compete: Restrictions on consultant's ability to work with competing clients, used when sensitive market information is involved

2. Performance Metrics: Specific KPIs and performance standards, used for longer-term or complex consulting arrangements

3. Force Majeure: Provisions for unforeseen circumstances, particularly relevant in long-term contracts

4. Anti-Corruption: Compliance with anti-corruption laws, used when dealing with public sector or high-value properties

5. Data Protection: Detailed POPIA compliance provisions, used when significant personal information processing is involved

6. Transformation Goals: B-BBEE commitments and objectives, used when working with public sector or corporate clients

7. Dispute Resolution: Detailed arbitration or mediation procedures, used in high-value consulting arrangements

Suggested Schedules

1. Schedule 1: Scope of Services: Detailed breakdown of consulting services, deliverables, and timelines

2. Schedule 2: Fee Structure: Detailed breakdown of fees, payment milestones, and expense categories

3. Schedule 3: Key Personnel: List of key team members and their roles in providing the consulting services

4. Schedule 4: Service Levels: Specific performance standards and response times

5. Schedule 5: Client Materials: List of information and materials to be provided by the client

6. Appendix A: Professional Qualifications: Copies of relevant professional certifications and registrations

7. Appendix B: Insurance Certificates: Proof of professional indemnity and other required insurance

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


































Clauses



































Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Property Investment

Construction

Facilities Management

Urban Development

Property Technology

Government and Public Sector

Retail

Industrial

Hospitality

Relevant Teams

Legal

Real Estate

Property Management

Facilities Management

Procurement

Risk and Compliance

Finance

Operations

Development

Asset Management

Investment

Contract Administration

Relevant Roles

Real Estate Consultant

Property Portfolio Manager

Development Manager

Real Estate Analyst

Property Valuer

Asset Manager

Facilities Manager

Property Development Director

Real Estate Investment Manager

Legal Counsel

Contract Manager

Procurement Manager

Chief Operating Officer

Chief Financial Officer

Real Estate Director

Head of Property

Risk 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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