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Estate Agency Agreement

Estate Agency Agreement Template for Belgium

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Key Requirements PROMPT example:

Estate Agency Agreement

"I need a standard Estate Agency Agreement for a luxury residential property in Brussels, with exclusive representation rights for 6 months starting March 2025, including international marketing provisions and virtual tour requirements."

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Document background
The Estate Agency Agreement serves as the foundational contract between a licensed real estate agent and a property owner in Belgium. This document is essential when engaging professional real estate services for property sale or lease. It must comply with the Law of 11 February 2013 on the Organization of the Profession of Real Estate Agent, along with regional requirements specific to Brussels-Capital, Walloon, and Flemish regions. The agreement covers crucial aspects including service scope, commission structures, professional obligations, property marketing strategies, and data protection measures. It's designed to protect both parties' interests while ensuring compliance with Belgian consumer protection laws and professional standards set by the IPI/BIV.
Suggested Sections

1. Parties: Identification of the estate agent and the client, including professional registration details of the agent and full contact details of both parties

2. Background: Context of the agreement and confirmation of the agent's professional status and qualifications

3. Definitions: Key terms used throughout the agreement, including professional terminology and specific Belgian real estate terms

4. Scope of Services: Detailed description of the services to be provided by the agent, including marketing, viewings, negotiations, and advisory services

5. Property Details: Comprehensive description of the property, including address, cadastral details, and relevant characteristics

6. Duration and Termination: Term of the agreement, notice periods, and conditions for termination

7. Commission Structure: Detailed breakdown of fees, commission rates, and payment terms

8. Agent's Obligations: Specific duties and responsibilities of the estate agent

9. Client's Obligations: Responsibilities and commitments of the client

10. Data Protection: GDPR compliance measures and data handling procedures

11. Professional Insurance: Details of the agent's professional liability insurance

12. Governing Law: Confirmation of Belgian law application and jurisdiction

13. Signatures: Execution block with date and signatures of all parties

Optional Sections

1. Exclusivity Clause: Optional clause granting exclusive rights to the agent, to be included when exclusive representation is agreed

2. International Marketing: Additional provisions for marketing the property internationally, if required

3. Language Provisions: Special provisions regarding the use of different languages in marketing and documentation, particularly relevant in bilingual/trilingual regions

4. Special Conditions: Any specific conditions or requirements unique to the property or circumstances

5. Virtual Tours: Provisions regarding virtual property tours and digital marketing services

6. Energy Performance: Specific provisions regarding energy performance certificates and related obligations, if applicable

7. Co-Agency Arrangements: Terms for cooperation with other agencies, if permitted

Suggested Schedules

1. Schedule 1 - Property Details: Detailed property specification, including floor plans, measurements, and features

2. Schedule 2 - Marketing Plan: Detailed marketing strategy and promotional activities

3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, charges, and payment terms

4. Schedule 4 - Required Documentation: List of mandatory documents required under Belgian law

5. Appendix A - Property Photographs: Official photographs of the property to be used in marketing

6. Appendix B - Energy Performance Certificate: Copy of the current energy performance certificate

7. Appendix C - Professional Certifications: Copies of the agent's professional registrations and insurance certificates

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Agent
Property
Client
Commission
Effective Date
Marketing Materials
Professional Institute of Real Estate Agents (IPI/BIV)
Exclusive Mandate
Non-Exclusive Mandate
Services
Term
Property Documentation
Asking Price
Sale Price
Completion
Marketing Period
Energy Performance Certificate
Cadastral Documentation
Professional Insurance
Force Majeure
Business Day
Intellectual Property Rights
Marketing Plan
Personal Data
Regional Housing Code
Success Fee
Transaction
Viewings
Working Hours
Confidential Information
Material Breach
Professional Standards
Territory
Valid Offer
Relevant Industries

Real Estate

Property Development

Construction

Property Management

Professional Services

Legal Services

Residential Property

Commercial Property

Luxury Real Estate

Investment Property

Relevant Teams

Real Estate

Legal

Compliance

Sales

Business Development

Property Management

Marketing

Operations

Client Services

Contract Administration

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Broker

Legal Counsel

Compliance Officer

Real Estate Director

Sales Manager

Property Consultant

Contract Manager

Business Development Manager

Regional Sales Director

Property Marketing Manager

Industries
Law of 11 February 2013 on the Organization of the Profession of Real Estate Agent: Sets out the legal framework for real estate agents, including professional requirements, registration obligations, and ethical standards
Belgian Civil Code (Book III, Title VIII): Contains fundamental provisions regarding contracts, property rights, and agency relationships in Belgian law
Code of Economic Law (Book VI): Covers consumer protection rules and unfair commercial practices in the context of real estate transactions
Royal Decree of 6 September 1993: Regulates professional title protection and professional requirements for real estate agents
Regional Housing Codes: Specific regulations for Brussels-Capital, Walloon, and Flemish regions regarding housing standards and real estate transactions
Law of 18 September 2017: Anti-money laundering legislation that applies to real estate transactions and agent obligations
GDPR and Belgian Privacy Law: Regulations regarding the processing of personal data in real estate transactions
Professional Institute of Real Estate Agents (IPI/BIV) Code of Ethics: Professional standards and ethical requirements for real estate agents in Belgium
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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