In the International Real Estate Agent Contract (www.globalnegotiator.com) the Agent shall undertake the identification, promotion, advisory and negotiation procedures for the purchase and sale of real estate properties.
2. INTERNATIONAL REAL ESTATE AGENT CONTRACT
1. Definition
2. Parties to the Contract
3. Main clauses
3.1 Appointment of Agent
3.2 Validity period of the Contract
3.3 Duties of the Agent
3.4 Price of the Property
3.5 Commission
4. Law applicable
5. Model Contract
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3. In the International Real Estate Agent Contract, the Agent,
shall undertake the identification, promotion, advisory and
negotiation procedures for the purchase and sale of real estate
properties (apartments, houses, villas, buildings, commercial
premises, properties etc.) Agent fees are generally set by means
of a commission (%) on the value of real estate property sold.
The Agent can be exclusive or non-exclusive.
The Real Estate Agent may act both for the sale (Vendor’s
Agent) as well as the purchase (Purchaser’s Agent), although the
former instance is more common as in most real estate property
transactions the real estate agents work for the vendors.
DEFINITION
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4. The Vendor is usually an individual or family that
wants to sale a real estate property. The Agent can be a
company or a person (independent professional). For each
party, the following has to be included:
• Full name, address and nationality of the Vendor
• Name of company, full address and nationality of
the Agent
• Name, profession, full address and nationality of
person who acts as Agent
• Tax ID number of both parties
PARTIES TO THE CONTRACT
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5. Some of the most important clauses in the
International Real Estate Agent Contract are as follows:
• Appointment of Agent
• Validity period of the Contract
• Duties of the Agent
• Price of the property
• Commission
See sample of International Real Estate Agent Contract
MAIN CLAUSES
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6. “Mr./Ms. (“the Vendor”), appoints Mr./Ms.
………………........... [insert full name, address, fiscal number
and professional qualification, if necessary] (“the Agent”), subject
to and in accordance with the terms and conditions of
this Contract, to act as his/her ........................ [exclusive or
non-exclusive] Agent in the marketing and sale of the real
estate property located in/at ..............................................
........................ whose information is provided in Annex 1
(Property Information Form) of this Contract.”
3.1 APPOINTMENT OF AGENT
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7. Alternative A
“This Contract shall take effect on .......................
[Day/Month/Year] and expire ................................
... [Day/Month/Year], both days inclusive.”
Alternative B
“This Contract shall commence on ........................
.....................[Day/Month/Year] and shall have a
term of .....[1, 3, 6, 9, 12] months.”
3.2 VALIDITY PERIOD OF THE CONTRACT
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8. “In addition to the duties incumbent on the Agent under this
Contract, the Agent shall:
(a) Obtain all the information necessary for the sale of the
Property.
(b) Market the Property on behalf of the Vendor.
(c) Arrange for purchasers to inspect the Property.
(d) Conduct negotiations and submit all offers in relation to
the Property to the Vendor.
(e) Assist the Vendor in entering into a binding agreement
for sale and purchase with a Purchaser.”
3.3. DUTIES OF THE AGENT
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9. “The price of the property shall be ..................................
........ [insert amount and currency].”
“This price may only be varied with written instructions
of the Vendor and such instructions shall become part of
this Contract.”
“The Vendor does not confer upon the Agent, by virtue
of this Clause, the right to accept an offer on behalf of
the Vendor. The price specified is for advertising and
marketing of the property purposes only.”
3.4 PRICE OF THE PROPERTY
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10. “If duringtheValidityPeriodof theContracttheVendor
through the Agent enters into a binding Contract for
sale and purchase of the Property, then the Vendor is
liable to pay the Agent a commission of ........% [insert
percentage, usually between 1% and 5%] of the transacted
price of the Property.”
“The commission shall be paid Upon the signing of the
sale and purchase contract.”
3.5. COMMISSION
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11. The Parties shall exercises their best efforts to resolve
by negotiation any dispute, controversy o difference
between them arising out or relating to this Contract.
The parties are free to submit any conflicts regarding the
agreement to International Arbitration or to the Laws
of the country of one of the parties.
The conflicts will normally be subject to the Courts of
the country where the real estate property is located and,
specifically, to those of the town/city in this country.
LAW APPLICABLE
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12. In order to obtain the model contract in Word
format and the user guide, click on:
International Real Estate Agent Contract
MODEL CONTRACT
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