Buyer's Agent Agreement for India

Buyer's Agent Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes and regulates the relationship between a property buyer and their appointed real estate agent. This document, compliant with the Real Estate (Regulation and Development) Act (RERA), outlines the agent's responsibilities in identifying and securing suitable properties, the scope of services, commission structure, and the buyer's obligations. It includes specific provisions for the Indian real estate market, incorporating local regulatory requirements and standard industry practices while protecting both parties' interests in the property acquisition process.

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What is a Buyer's Agent Agreement?

The Buyer's Agent Agreement is a crucial document in Indian real estate transactions that formalizes the professional relationship between a property buyer and their chosen real estate agent. This agreement becomes necessary when an individual or organization seeks professional assistance in identifying, evaluating, and purchasing property in India. The document must comply with the Real Estate (Regulation and Development) Act (RERA) and other applicable Indian laws, making it essential for regulated real estate transactions. It typically includes detailed provisions about the agent's services, commission structure, exclusivity terms (if any), and the specific requirements of the property being sought. The agreement protects both parties' interests by clearly defining roles, responsibilities, and expectations while ensuring compliance with local regulatory requirements. It's particularly important in the Indian context where real estate transactions can be complex and require careful navigation of legal and regulatory frameworks.

What sections should be included in a Buyer's Agent Agreement?

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

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

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

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

5. Agent's Duties and Responsibilities: Comprehensive list of the agent's obligations, including property search, negotiations, due diligence, and reporting

6. Buyer's Obligations: Buyer's responsibilities including providing accurate requirements, timely responses, and necessary documentation

7. Commission Structure: Detailed breakdown of the agent's compensation, payment terms, and conditions for commission eligibility

8. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party

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

10. Representations and Warranties: Standard declarations by both parties regarding their capacity and authority to enter into the agreement

11. Limitation of Liability: Scope and limits of the agent's liability in performing the services

12. Governing Law and Dispute Resolution: Applicable law and method for resolving disputes

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

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

1. Exclusive Agency Rights: Additional section when the agreement is exclusive, preventing the buyer from engaging other agents

2. Sub-Agency: Include when the agent may need to appoint sub-agents or collaborate with other professionals

3. Special Property Requirements: Detailed section for buyers with very specific or unusual property requirements

4. International Considerations: Required for non-resident Indian buyers or international transactions

5. Digital Communications: Specific provisions for virtual property viewings and electronic communications when relevant

6. Force Majeure: Detailed provisions for unforeseen circumstances, particularly relevant in uncertain times

7. Anti-Money Laundering Compliance: Additional compliance requirements for high-value transactions

What schedules should be included in a Buyer's Agent Agreement?

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

2. Schedule B - Service Fee Structure: Detailed breakdown of all fees, commissions, and payment terms

3. Schedule C - Required Documentation: List of documents required from the buyer for property transactions

4. Schedule D - Agent's RERA Registration: Copy of agent's RERA registration and other relevant certifications

5. Appendix 1 - Power of Attorney: Optional POA format if the agent will be authorized to act on buyer's behalf for certain matters

6. Appendix 2 - Reporting Format: Standard format for periodic reports to be submitted by the agent to the buyer

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

Agency Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Construction

Professional Services

Legal Services

Financial Services

Property Management

Corporate Real Estate

Residential Real Estate

Commercial Real Estate

Relevant Teams

Legal

Real Estate

Procurement

Compliance

Finance

Risk Management

Corporate Services

Facilities Management

Contract Management

Property Management

Relevant Roles

Real Estate Agent

Property Buyer

Legal Counsel

Real Estate Manager

Property Acquisition Manager

Compliance Officer

Real Estate Broker

Corporate Real Estate Manager

Property Consultant

Facilities Manager

Real Estate Portfolio Manager

Property Investment Manager

Legal Director

Procurement Manager

Contract 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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