Exclusive Seller Brokerage Engagement Agreement Template for Belgium

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Key Requirements PROMPT example:

Exclusive Seller Brokerage Engagement Agreement

"I need an Exclusive Seller Brokerage Engagement Agreement for a luxury commercial property in Brussels, with specific provisions for international marketing and a minimum listing period of 6 months starting March 2025, including requirements for high-end marketing materials in multiple languages."

Document background
The Exclusive Seller Brokerage Engagement Agreement is a crucial document in Belgian real estate transactions, used when a property owner wishes to engage a professional real estate broker with exclusive rights to market and sell their property. This document, governed by Belgian law, establishes the formal relationship between the property owner and the broker, defining the exclusive nature of the appointment and protecting both parties' interests. It includes essential elements required by Belgian regulations such as clear identification of the property, commission structures, service scope, and compliance with the Law of 11 February 2013 on Real Estate Agents. The agreement is particularly important as it provides legal certainty and clarity regarding the broker's authority to act on behalf of the seller, while ensuring compliance with Belgian consumer protection laws and real estate regulations.
Suggested Sections

1. Parties: Identification of the property owner(s) and the licensed real estate broker, including registration numbers and professional credentials

2. Background: Context of the agreement, including brief description of the property and the owner's intention to sell

3. Definitions: Key terms used throughout the agreement, including 'Exclusive Right to Sell', 'Property', 'Listing Price', and 'Commission'

4. Appointment and Scope of Services: Details of the broker's appointment and comprehensive list of services to be provided

5. Duration and Exclusivity: Term of the agreement, renewal conditions, and exclusivity provisions as required by Belgian law

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

7. Listing Price and Commission: Agreed listing price, commission structure, and payment terms

8. Obligations of the Broker: Detailed responsibilities of the broker, including marketing efforts, showing procedures, and reporting requirements

9. Obligations of the Seller: Seller's commitments, including providing accurate information and maintaining the property

10. Marketing Authorization: Permissions for advertising, photography, and property promotion

11. Data Protection: GDPR compliance provisions and data handling procedures

12. Termination: Conditions and procedures for ending the agreement

13. Governing Law and Jurisdiction: Confirmation of Belgian law application and competent courts

Optional Sections

1. Protected Buyer List: Section used when there are potential buyers identified before the agreement who would be excluded from the commission structure

2. International Marketing: Additional provisions for marketing the property internationally, including translation services and foreign advertising

3. Dual Agency: Provisions for cases where the broker may represent both seller and buyer, if permitted

4. Property Management: Additional services for managing the property during the sales period if the property is vacant

5. Energy Performance Requirements: Specific provisions related to energy certification requirements if not yet obtained

6. Special Conditions: Section for unique property features or special selling conditions

7. Post-Termination Obligations: Extended provisions for commission protection after agreement termination

Suggested Schedules

1. Schedule 1 - Property Description: Detailed property specifications, including floor plans, boundaries, and included fixtures

2. Schedule 2 - Commission Structure: Detailed breakdown of commission calculations and payment terms

3. Schedule 3 - Marketing Plan: Comprehensive marketing strategy and promotional activities

4. Schedule 4 - Required Documents: List of necessary certificates and documents for the sale

5. Appendix A - Property Photographs: Current photographs and visual documentation of the property

6. Appendix B - Broker's License: Copy of broker's professional license and insurance certificates

7. Appendix C - Property Title Information: Recent cadastral extract and property title details

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

Relevant legal definitions
Relevant Industries

Real Estate

Property Development

Construction

Professional Services

Commercial Property

Residential Property

Retail

Hospitality

Industrial

Agriculture (for agricultural property)

Legal Services

Relevant Teams

Legal

Real Estate

Sales

Compliance

Operations

Marketing

Business Development

Property Management

Contracts Administration

Transaction Support

Relevant Roles

Real Estate Broker

Property Manager

Real Estate Agent

Legal Counsel

Compliance Officer

Sales Director

Business Development Manager

Property Consultant

Real Estate Portfolio Manager

Contract Manager

Real Estate Transaction Coordinator

Marketing Manager

Property Valuation Expert

Real Estate Operations 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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