The Real Estate Agent Contract is a crucial document used in the Irish property market to formalize the relationship between property owners and licensed real estate agents. This contract is essential when engaging professional property services for the sale, letting, or management of residential or commercial properties in Ireland. It must comply with the Property Services (Regulation) Act 2011 and includes detailed provisions for service scope, commission structures, marketing arrangements, and regulatory compliance. The document is designed to protect both parties' interests while ensuring transparency and adherence to Irish property services regulations, consumer protection laws, and data protection requirements. It's particularly relevant in today's complex property market where professional representation and regulatory compliance are paramount.
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1. Parties: Identification of the property owner/client and the licensed real estate agent/agency, including license numbers and contact details
2. Background: Context of the agreement, including brief description of the property and the owner's intention to sell/lease
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Services', 'Commission', 'Marketing Materials'
4. Appointment and Scope of Services: Formal appointment of the agent and detailed description of services to be provided
5. Duration of Agreement: Term of the agreement, including start date and termination provisions
6. Agent's Obligations: Detailed responsibilities of the agent including marketing, viewings, reporting, and compliance requirements
7. Client's Obligations: Property owner's responsibilities, including providing accurate information and access to the property
8. Commission Structure: Detailed breakdown of commission rates, payment terms, and circumstances when commission becomes payable
9. Marketing and Advertising: Agreement on marketing strategy, costs, and approvals process
10. Data Protection and Confidentiality: GDPR compliance measures and confidentiality obligations
11. Professional Indemnity Insurance: Confirmation of required insurance coverage
12. Termination: Conditions and process for termination by either party
13. Governing Law: Confirmation of Irish law as governing law and jurisdiction
1. Exclusive Agency Rights: Used when the agent is appointed as sole agent with exclusive rights to market and sell the property
2. International Marketing: Include when property will be marketed to international buyers, specifying additional services and costs
3. Property Management Services: Required when agent will provide ongoing property management services
4. Multi-Unit Development Provisions: Include for apartments or properties in managed developments
5. Online Portal Services: Include when providing access to online property management or viewing scheduling systems
6. Photography and Virtual Tours: Specific provisions for professional photography and virtual tour services
7. Joint Agency Arrangements: Include when multiple agencies are involved in marketing the property
1. Schedule 1: Property Details: Detailed description of the property, including address, boundaries, BER rating, and included fixtures/fittings
2. Schedule 2: Commission Rates: Detailed breakdown of commission rates, including examples of calculations
3. Schedule 3: Marketing Package: Specific marketing activities, channels, and associated costs
4. Schedule 4: Property Services Authority Regulations: Standard regulatory disclosures required under Irish law
5. Appendix A: Property Photographs: Current photographs of the property
6. Appendix B: Required Documentation: Checklist of required documents such as BER cert, title documents, planning permissions
7. Appendix C: Marketing Timeline: Proposed timeline for marketing activities and review periods
Relevant legal definitions
Agency Period
Agreed Asking Price
Agreement
Applicable Laws
Appointed Agent
BER Certificate
Business Day
Client
Client Information
Commission
Completion
Confidential Information
Contract for Sale
Data Protection Legislation
Effective Date
Exclusive Agency
Force Majeure Event
Intellectual Property Rights
Joint Agency
Letter of Engagement
License
Marketing Materials
Marketing Plan
Personal Data
PSRA
Property
Property Particulars
Property Services
Purchaser
Regulatory Requirements
Sale Price
Services
Standard Commission Rate
Term
Territory
Transaction
Viewing Schedule
Agreed Asking Price
Agreement
Applicable Laws
Appointed Agent
BER Certificate
Business Day
Client
Client Information
Commission
Completion
Confidential Information
Contract for Sale
Data Protection Legislation
Effective Date
Exclusive Agency
Force Majeure Event
Intellectual Property Rights
Joint Agency
Letter of Engagement
License
Marketing Materials
Marketing Plan
Personal Data
PSRA
Property
Property Particulars
Property Services
Purchaser
Regulatory Requirements
Sale Price
Services
Standard Commission Rate
Term
Territory
Transaction
Viewing Schedule
Clauses
Appointment
Services
Duration
Commission
Payment Terms
Marketing Rights
Exclusivity
Property Access
Confidentiality
Data Protection
Regulatory Compliance
Professional Indemnity
Anti-Money Laundering
Representations and Warranties
Client Obligations
Agent Obligations
Termination
Force Majeure
Insurance
Intellectual Property
Liability
Indemnification
Assignment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Variation
Third Party Rights
Services
Duration
Commission
Payment Terms
Marketing Rights
Exclusivity
Property Access
Confidentiality
Data Protection
Regulatory Compliance
Professional Indemnity
Anti-Money Laundering
Representations and Warranties
Client Obligations
Agent Obligations
Termination
Force Majeure
Insurance
Intellectual Property
Liability
Indemnification
Assignment
Notices
Dispute Resolution
Governing Law
Entire Agreement
Severability
Variation
Third Party Rights
Relevant Industries
Real Estate
Property Development
Property Management
Construction
Investment Management
Residential Property
Commercial Property
Property Technology
Professional Services
Legal Services
Relevant Teams
Legal
Real Estate
Sales
Property Management
Compliance
Operations
Marketing
Business Development
Contract Administration
Risk Management
Relevant Roles
Real Estate Agent
Property Manager
Estate Agency Director
Sales Manager
Letting Agent
Property Services Compliance Officer
Business Development Manager
Property Portfolio Manager
Real Estate Operations Manager
Property Marketing Manager
Commercial Property Agent
Residential Sales Consultant
Legal Counsel
Contracts Manager
Property Services Director
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