The Seller Agency Agreement is a crucial document in Irish property transactions that formalizes the relationship between property owners and real estate agents. This agreement is used when a property owner wishes to engage a professional agent to market and sell their property, whether residential or commercial. The document complies with Irish legislation, particularly the Property Services (Regulation) Act 2011, and includes comprehensive terms covering agent appointment, commission structures, marketing obligations, and service standards. It's essential for protecting both parties' interests and ensuring clear understanding of responsibilities, payment terms, and duration of the engagement. The agreement typically includes schedules detailing property information, marketing plans, and required documentation, making it a comprehensive framework for the property sale process.
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1. Parties: Identifies and provides full details of the property owner (the 'Seller') and the estate agent (the 'Agent')
2. Background: Sets out the context of the agreement - that the Seller wishes to sell the property and engage the Agent's services
3. Definitions: Defines key terms used throughout the agreement including Property, Services, Commission, and Marketing Period
4. Appointment and Scope of Authority: Details the appointment of the Agent and specific powers granted by the Seller
5. Duration of Agreement: Specifies the term of the agreement, including start date and any minimum period
6. Agent's Obligations: Comprehensive list of the Agent's duties and responsibilities in marketing and selling the property
7. Seller's Obligations: Outlines the Seller's responsibilities including providing accurate information and property access
8. Commission and Fees: Details of the Agent's commission structure, payment terms, and any additional fees
9. Marketing and Advertising: Specifies how the property will be marketed and advertised
10. Property Information: Seller's warranties about the property's condition and any known issues
11. Data Protection: Addresses GDPR compliance and handling of personal data
12. Termination: Conditions under which either party can terminate the agreement
13. Governing Law: Confirms the agreement is governed by Irish law
1. Sole Agency Provisions: Used when the Agent is appointed as sole agent with exclusive rights
2. Multi-Agency Provisions: Used when multiple agents may be engaged to sell the property
3. Online Marketing Options: Specific terms for premium online marketing services if offered
4. International Marketing: Additional provisions for marketing to international buyers
5. Property Management: Used if the Agent will provide additional property management services
6. Auction Terms: Required if the property may be sold by auction
7. Photography and Virtual Tours: Specific terms for professional photography and virtual viewing services
1. Schedule 1 - Property Details: Detailed description of the property including address, boundaries, and included fixtures and fittings
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, circumstances for payment, and calculation methods
3. Schedule 3 - Marketing Plan: Specific marketing activities and timeline
4. Schedule 4 - Property Photographs: Approved photographs and marketing materials
5. Appendix A - Required Documentation: List of documents required from the Seller (BER certificate, title documents, etc.)
6. Appendix B - Service Level Agreement: Detailed performance standards and service levels to be provided by the Agent
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