Buyer Agent Commission Agreement for India

Buyer Agent Commission Agreement Template for India

This document establishes a formal agreement between a property buyer and their appointed real estate agent in India, governed by Indian law and compliant with the Real Estate (Regulation and Development) Act (RERA). It outlines the terms of representation, scope of services, commission structure, and payment terms while defining the rights, obligations, and responsibilities of both parties. The agreement includes provisions for property search, negotiation assistance, documentation support, and transaction completion, along with specific clauses addressing exclusivity, termination conditions, and dispute resolution mechanisms in accordance with Indian legal requirements.

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What is a Buyer Agent Commission Agreement?

The Buyer Agent Commission 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 representation in property transactions, whether for residential, commercial, or investment purposes. The document, governed by Indian law and RERA regulations, typically includes detailed commission structures, service scope, exclusivity terms, and protection periods. It serves as a legal safeguard for both parties by clearly defining the agent's responsibilities in property search, negotiation, and transaction support, while establishing the buyer's obligations regarding commission payment and cooperation. This agreement is particularly important in the Indian context where real estate transactions require careful documentation and compliance with various regulatory requirements.

What sections should be included in a Buyer Agent Commission Agreement?

1. Parties: Identification of the buyer (principal) and the real estate agent (agent), including full legal names, addresses, and registration details

2. Background: Context of the agreement, including the agent's RERA registration status and the buyer's intention to engage the agent

3. Definitions: Key terms used in the agreement including 'Property', 'Commission', 'Successful Transaction', 'Exclusive Period' etc

4. Appointment and Scope: Formal appointment of the agent and detailed description of services to be provided

5. Term and Exclusivity: Duration of the agreement and whether the relationship is exclusive

6. Commission Structure: Detailed breakdown of commission rates, calculation method, and payment terms

7. Agent's Obligations: Specific duties and responsibilities of the agent including property search, negotiations, and documentation

8. Buyer's Obligations: Responsibilities of the buyer including providing accurate requirements and cooperating with the agent

9. Payment Terms: Timing and method of commission payment, including any advance payments or deposits

10. Termination: Conditions and process for ending the agreement by either party

11. Confidentiality: Protection of confidential information shared during the engagement

12. Governing Law: Specification of Indian law as governing law and jurisdiction details

13. Dispute Resolution: Process for resolving disputes between parties

What sections are optional to include in a Buyer Agent Commission Agreement?

1. Protection Period: Used when the agreement needs to specify a period after termination during which the agent remains entitled to commission

2. Sub-Agents: Include when the agent may need to appoint sub-agents or cooperate with other agents

3. Force Majeure: Include during uncertain times or in high-value agreements to address unforeseen circumstances

4. Digital Communication: Include when parties agree to use electronic means for official communications

5. Multiple Properties: Include when the buyer may be interested in multiple properties or ongoing representation

6. International Transactions: Include when dealing with NRI buyers or international property transactions

What schedules should be included in a Buyer Agent Commission Agreement?

1. Schedule A - Commission Rate Structure: Detailed breakdown of commission rates for different property types and value ranges

2. Schedule B - Services Included: Comprehensive list of services covered under the agreement

3. Schedule C - Buyer's Requirements: Detailed specification of the buyer's property requirements and preferences

4. Schedule D - Agent's Credentials: Agent's registration details, qualifications, and track record

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

6. Appendix 2 - Communication Protocol: Agreed methods and timing of communication 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

Broker Agreement

Cost

Free to use
Relevant Industries

Real Estate

Residential Property

Commercial Property

Industrial Property

Retail Property

Luxury Real Estate

Property Development

Property Investment

Professional Services

Relevant Teams

Legal

Real Estate

Compliance

Operations

Client Relations

Business Development

Property Advisory

Contract Administration

Risk Management

Investment Advisory

Relevant Roles

Real Estate Agent

Property Consultant

Real Estate Broker

Property Buyer Representative

Real Estate Advisory Manager

Legal Counsel

Compliance Officer

Property Transaction Manager

Real Estate Operations Manager

Client Relations Manager

Business Development Manager

Property Investment 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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