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Real Estate Non Compete Agreement

Real Estate Non Compete Agreement Template for South Africa

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Key Requirements PROMPT example:

Real Estate Non Compete Agreement

"I need a Real Estate Non-Compete Agreement for a departing senior estate agent who has worked with our high-net-worth clients in Cape Town's luxury property market, with restrictions effective from March 2025 for a 24-month period."

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Document background
The Real Estate Non-Compete Agreement is essential in South Africa's competitive property market to protect legitimate business interests while maintaining fair competition. It is commonly used when real estate professionals or companies part ways, during agency acquisitions, or when property businesses expand into new territories. The agreement must carefully balance the protection of business interests with constitutional rights to trade and South African competition law requirements. Key considerations include reasonable duration and geographical scope, specific restricted activities, and clear enforcement mechanisms. The document typically includes detailed schedules defining restricted territories, protected clients, and prohibited activities, all structured to comply with South African legislation including the Property Practitioners Act 22 of 2019 and Competition Act 89 of 1998.
Suggested Sections

1. Parties: Identification and details of all parties to the agreement, including their registration/identification numbers and addresses

2. Background: Context of the agreement, including the business relationship between parties and legitimate business interests being protected

3. Definitions: Detailed definitions of key terms, including 'Restricted Business', 'Territory', 'Competitive Activity', and 'Confidential Information'

4. Duration and Territory: Specific timeframe and geographical area where the non-compete restrictions apply

5. Restricted Activities: Detailed description of prohibited business activities and competition restrictions

6. Confidentiality Obligations: Provisions regarding the protection and non-disclosure of confidential information

7. Acknowledgments: Parties' acknowledgment that restrictions are reasonable and necessary to protect legitimate business interests

8. Breach and Remedies: Consequences of breach and available remedies, including injunctive relief and damages

9. General Provisions: Standard clauses including governing law, jurisdiction, entire agreement, and severability

Optional Sections

1. Sale of Business Context: Additional provisions specific to non-compete agreements in the context of business sales

2. Employee Non-Solicitation: Restrictions on soliciting or hiring employees, used when protecting against staff poaching

3. Client Non-Solicitation: Specific provisions preventing solicitation of clients or customers

4. Commission Arrangements: Details of any ongoing commission arrangements during the restricted period

5. Training and Trade Secrets: Provisions relating to specialized training provided and protection of trade secrets

6. Exit Mechanisms: Procedures for early termination or modification of restrictions under specific circumstances

Suggested Schedules

1. Schedule A - Restricted Territory: Detailed map or description of the geographical areas where restrictions apply

2. Schedule B - Restricted Activities: Comprehensive list of specific prohibited business activities and operations

3. Schedule C - Protected Clients: List of clients or customer categories covered by non-solicitation provisions

4. Schedule D - Competitors: List of specific competing businesses or business types covered by the agreement

5. Schedule E - Consideration: Details of any financial consideration or compensation for the non-compete restrictions

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

































Clauses





























Relevant Industries

Real Estate

Property Development

Property Management

Commercial Property

Residential Property

Real Estate Investment

Property Consulting

Property Technology

Construction

Facilities Management

Relevant Teams

Legal

Real Estate Operations

Property Management

Sales

Business Development

Compliance

Risk Management

Property Investment

Commercial Property

Residential Property

Relevant Roles

Real Estate Agent

Property Broker

Real Estate Agency Owner

Property Development Manager

Commercial Property Consultant

Property Portfolio Manager

Estate Agency Franchise Owner

Property Investment Manager

Real Estate Operations Director

Business Development Manager

Property Sales Director

Real Estate Marketing 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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