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1. Parties: Identification of the Builder and Broker, including full legal names, business addresses, and registration numbers
2. Background: Context of the agreement, nature of the builder's business, broker's qualifications, and general purpose of the arrangement
3. Definitions: Key terms used throughout the agreement, including 'Properties', 'Services', 'Commission', 'Exclusive Rights', etc.
4. Appointment and Scope of Services: Formal appointment of the broker and detailed description of services to be provided
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
6. Broker's Rights and Obligations: Detailed responsibilities of the broker, including marketing duties, reporting requirements, and service standards
7. Builder's Rights and Obligations: Builder's commitments, including providing necessary information, access to properties, and marketing materials
8. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission eligibility
9. Marketing and Advertising: Requirements and guidelines for marketing properties, including approval processes and budget responsibilities
10. Confidentiality: Protection of confidential information and trade secrets
11. Representations and Warranties: Standard declarations about legal capacity, authority, and compliance with laws
12. Indemnification and Insurance: Risk allocation between parties and required insurance coverage
13. General Provisions: Standard contract clauses including notices, amendments, governing law, etc.
1. Exclusivity Provisions: Used when the broker is granted exclusive rights to sell specific properties or in specific territories
2. Project-Specific Terms: Include when the agreement covers specific development projects rather than general representation
3. International Sales: Added when the broker will market properties to international buyers
4. Digital Marketing Rights: Specific provisions for online marketing, virtual tours, and digital content ownership
5. Sales Team Requirements: Include when specific staffing or team structure requirements are needed
6. Model Home Operations: Used when the broker will manage model homes or sales centers
7. Performance Metrics: Include when specific performance targets or KPIs are part of the agreement
8. Training and Support: Added when the builder provides specific training or support programs
1. Schedule A - Property List: Detailed list of properties or developments covered by the agreement
2. Schedule B - Commission Rates: Detailed commission structure, including any volume bonuses or special arrangements
3. Schedule C - Marketing Guidelines: Specific requirements for marketing materials, branding, and advertising standards
4. Schedule D - Reporting Templates: Standard forms for sales reports, activity reports, and other required documentation
5. Schedule E - Sales Process: Step-by-step procedures for handling sales, deposits, and closings
6. Appendix 1 - Sample Marketing Materials: Examples of approved marketing materials and templates
7. Appendix 2 - Insurance Requirements: Detailed specifications for required insurance coverage
8. Appendix 3 - Contact List: Key contacts from both organizations and their roles
Applicable Laws
Broker
Broker's Representatives
Builder
Building
Business Day
Closing
Commission
Confidential Information
Construction Schedule
Deposit
Development
Effective Date
Exclusive Period
Force Majeure
Gross Sales Price
Intellectual Property
Marketing Materials
Marketing Plan
Model Home
Net Sales Price
New Construction
Phase
Plans and Specifications
Pre-Construction Sales
Project
Property
Purchase Agreement
Purchaser
Registration
Sales Office
Sales Target
Services
Specifications
Standard Features
Term
Territory
Unit
Upgrades
Scope of Services
Term and Termination
Exclusivity
Commission
Payment Terms
Marketing and Advertising
Representation and Marketing Standards
Sales Process
Property Information and Disclosure
Builder's Obligations
Broker's Obligations
Reporting Requirements
Confidentiality
Intellectual Property
Data Protection
Insurance
Indemnification
Warranties
Force Majeure
Regulatory Compliance
Anti-Money Laundering
Record Keeping
Assignment
Non-Solicitation
Dispute Resolution
Governing Law
Amendment
Severability
Entire Agreement
Notice
Survival
Real Estate
Construction
Property Development
Residential Construction
Commercial Construction
Real Estate Brokerage
Property Sales
Urban Development
Legal
Sales
Marketing
Business Development
Construction Management
Project Management
Compliance
Real Estate Operations
Contract Administration
Property Development
Real Estate Broker
Construction Manager
Development Manager
Sales Director
Marketing Manager
Project Manager
Business Development Manager
Real Estate Agent
Construction Executive
Property Developer
Legal Counsel
Compliance Officer
Sales Manager
Contract Administrator
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