Buyer Broker Contract for India

Buyer Broker Contract Template for India

A comprehensive legal agreement governed by Indian law that establishes the professional relationship between a property buyer and a real estate broker. The contract outlines the broker's services, responsibilities, and compensation structure while ensuring compliance with the Real Estate (Regulation and Development) Act (RERA) and other applicable Indian property laws. It includes detailed provisions for property search criteria, commission terms, exclusivity arrangements, and the scope of representation, while incorporating state-specific requirements and regulatory compliance measures.

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What is a Buyer Broker Contract?

The Buyer Broker Contract is a crucial document in Indian real estate transactions that formalizes the relationship between a property buyer and their chosen real estate broker. This agreement is particularly important in the context of India's regulated real estate market, where the Real Estate (Regulation and Development) Act (RERA) sets specific requirements for broker operations. The contract is used when a buyer seeks professional representation in property transactions, whether for residential, commercial, or industrial properties. It typically includes essential elements such as property search criteria, broker's scope of services, commission structures, exclusivity terms, and compliance requirements. The document ensures clarity in the professional relationship while protecting both parties' interests under Indian law, incorporating necessary provisions for RERA compliance and state-specific regulations.

What sections should be included in a Buyer Broker Contract?

1. Parties: Identification of the buyer and the broker, including full legal names, addresses, and registration details (especially RERA registration for broker)

2. Background: Context of the agreement, including buyer's intention to purchase property and broker's qualification to provide services

3. Definitions: Key terms used throughout the agreement, including 'Services', 'Property Requirements', 'Commission', 'Exclusive Period' etc.

4. Scope of Services: Detailed description of services to be provided by the broker, including property search, negotiation, and documentation assistance

5. Term and Exclusivity: Duration of the agreement and whether the arrangement is exclusive or non-exclusive

6. Broker's Obligations: Specific duties and responsibilities of the broker, including compliance with RERA and other applicable laws

7. Buyer's Obligations: Responsibilities of the buyer, including providing accurate requirements and cooperating with the broker

8. Commission Structure: Details of broker's compensation, payment terms, and conditions for commission eligibility

9. Confidentiality: Obligations regarding confidential information shared during the engagement

10. Termination: Conditions and process for ending the agreement, including notice periods and consequences

11. Indemnification: Mutual indemnification provisions for various scenarios

12. Governing Law and Jurisdiction: Specification of applicable laws and courts having jurisdiction

13. Notices: Process and addresses for formal communications between parties

14. General Provisions: Standard boilerplate clauses including entire agreement, amendments, and severability

What sections are optional to include in a Buyer Broker Contract?

1. Multiple Property Purchases: Include when the broker may assist with multiple property purchases during the contract term

2. Sub-Agents: Include when the broker may need to engage sub-agents or other professionals

3. Digital Communications: Include specific provisions for digital platform usage and virtual property viewings

4. Force Majeure: Include specific provisions for unforeseen circumstances affecting contract performance

5. Dispute Resolution: Include detailed arbitration or mediation procedures if preferred over court litigation

6. International Considerations: Include when buyer is an NRI or foreign national

7. Success Fee: Include when additional performance-based compensation is agreed upon

What schedules should be included in a Buyer Broker Contract?

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

2. Schedule B - Commission Structure: Detailed breakdown of commission calculations, payment schedules, and any variable components

3. Schedule C - Broker's RERA Registration: Copy of broker's RERA registration certificate and other relevant licenses

4. Schedule D - Service Level Agreement: Specific timelines and metrics for broker's performance and responsiveness

5. Appendix 1 - Required Documents: List of documents required from buyer and eventual property seller

6. Appendix 2 - Compliance Checklist: Checklist of regulatory requirements and necessary verifications for property purchase

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

Property Development

Commercial Property

Residential Property

Industrial Property

Real Estate Investment

Property Management

Corporate Real Estate

Construction

Facilities Management

Relevant Teams

Legal

Real Estate

Procurement

Finance

Compliance

Facilities Management

Property Management

Corporate Services

Risk Management

Operations

Relevant Roles

Real Estate Broker

Property Buyer

Real Estate Agent

Legal Counsel

Property Manager

Facilities Manager

Real Estate Director

Chief Financial Officer

Corporate Real Estate Manager

Procurement Manager

Real Estate Investment Manager

Compliance Officer

Property Consultant

Asset Manager

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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