Buyer Agency Agreement for India

Buyer Agency Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes a professional relationship between a property buyer and a real estate agent or agency. The document outlines the agent's authority to act on behalf of the buyer in property transactions, including property search, negotiations, and advisory services. It complies with the Real Estate (Regulation and Development) Act 2016 (RERA) requirements and includes detailed terms regarding commission structure, service scope, confidentiality obligations, and the parties' respective rights and responsibilities under Indian jurisdiction.

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What is a Buyer Agency Agreement?

The Buyer Agency Agreement is a crucial document in Indian real estate transactions that formalizes the relationship between a property buyer and their chosen real estate agent. This agreement becomes necessary when a buyer seeks professional assistance in finding and acquiring property, whether residential, commercial, or industrial. The document, governed by Indian law and complying with RERA regulations, protects both parties' interests by clearly defining the scope of services, commission structure, and legal obligations. It's particularly important in the Indian context where real estate transactions require careful navigation of legal requirements, market conditions, and documentation processes. The agreement should be executed before the agent begins providing services and typically remains valid until property acquisition is completed or the agreement term expires.

What sections should be included in a Buyer Agency Agreement?

1. Parties: Identifies the buyer (principal) and the real estate agent (agent) with complete contact details and registration information

2. Background: Outlines the context of the agreement, including the buyer's intention to purchase property and the agent's qualifications and RERA registration details

3. Definitions: Defines key terms used throughout the agreement including 'Property Requirements', 'Services', 'Commission', and other relevant terms

4. Appointment and Scope of Services: Details the formal appointment of the agent and comprehensive list of services to be provided

5. Term and Termination: Specifies the duration of the agreement and conditions for termination by either party

6. Agent's Obligations: Lists all duties and responsibilities of the agent including property search, negotiations, and due diligence

7. Buyer's Obligations: Outlines the buyer's responsibilities including providing accurate requirements, cooperating with the agent, and making timely decisions

8. Commission Structure: Details the agent's compensation, including the commission rate, payment terms, and conditions for commission becoming due

9. Confidentiality: Specifies confidentiality obligations regarding the buyer's personal information and property search details

10. Representations and Warranties: Contains statements of fact and promises made by both parties

11. Limitation of Liability: Defines the extent and limitations of the agent's liability

12. Governing Law and Jurisdiction: Specifies that Indian law governs the agreement and designates the jurisdiction for dispute resolution

13. Notices: Specifies how formal communications between parties should be made and delivered

14. General Provisions: Includes standard clauses like severability, entire agreement, and amendments

What sections are optional to include in a Buyer Agency Agreement?

1. Exclusivity: Used when the agreement is exclusive, preventing the buyer from engaging other agents - include when requested by the agent

2. Special Property Requirements: Include when the buyer has specific or unusual property requirements that need detailed documentation

3. International Transactions: Include when the buyer is an NRI or when international property transactions are contemplated

4. Power of Attorney: Include when the agent needs specific authority to act on behalf of the buyer for certain transactions

5. Digital Communications: Include when parties agree to use specific digital platforms or methods for communication

6. Force Majeure: Include when specifically requested or in regions prone to disruptions

7. Additional Services: Include when the agent will provide services beyond standard property search and negotiation

What schedules should be included in a Buyer Agency Agreement?

1. Schedule A - Property Requirements: Detailed specifications of the type of property sought, including location preferences, budget, and essential features

2. Schedule B - Commission Structure: Detailed breakdown of commission calculations, including any sliding scales or special circumstances

3. Schedule C - Service Level Details: Specific services to be provided with timelines and delivery standards

4. Schedule D - Agent's Credentials: Copies of agent's RERA registration, professional certifications, and track record

5. Appendix 1 - Required Documents: List of documents required from the buyer for property transactions

6. Appendix 2 - Communication Protocol: Agreed communication methods, frequency, and response times between parties

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

Jurisdiction

India

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant Industries

Real Estate

Property Development

Professional Services

Legal Services

Financial Services

Corporate Services

Residential Property

Commercial Property

Industrial Property

Retail Property

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Facilities

Corporate Services

Business Development

Procurement

Risk Management

Operations

Administrative Services

Relevant Roles

Real Estate Agent

Property Consultant

Legal Counsel

Property Advisor

Real Estate Broker

Compliance Officer

Contract Manager

Real Estate Transaction Manager

Property Acquisition Manager

Business Development Manager

Corporate Real Estate Manager

Facility Manager

Real Estate Portfolio Manager

Property Search Specialist

Real Estate Legal Advisor

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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