Broker Exclusive Agreement for Malta

Broker Exclusive Agreement Template for Malta

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Broker Exclusive Agreement

"I need a Broker Exclusive Agreement for my luxury commercial property portfolio in Malta, with provisions for international marketing and a 12-month exclusivity period starting March 2025, including special clauses for high-value property transactions and multi-currency commission structures."

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What is a Broker Exclusive Agreement?

The Broker Exclusive Agreement is a crucial document used in the Maltese real estate market when a property owner or developer wishes to grant exclusive rights to a single broker for the marketing and sale/lease of their property. This arrangement, governed by Maltese law and regulated under the Real Estate Agents, Property Brokers and Property Consultants Act, provides clarity and security for both parties by establishing clear terms of exclusivity, commission structures, and service expectations. The document is particularly important in high-value property transactions or when coordinated marketing efforts are required, as it ensures the broker can invest resources in marketing the property without risk of being circumvented. It includes specific provisions for compliance with Maltese regulations regarding real estate brokerage, data protection, and anti-money laundering requirements.

What sections should be included in a Broker Exclusive Agreement?

1. Parties: Identifies the broker and the client, including their full legal names, registration numbers, and registered addresses

2. Background: Explains the context of the agreement, including the client's desire to engage the broker and the broker's qualifications

3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Exclusive Period', 'Commission', and 'Transaction'

4. Appointment and Scope: Details the exclusive appointment of the broker and specifies the precise scope of services to be provided

5. Duration and Exclusivity: Specifies the term of the agreement and the nature of the exclusive relationship

6. Broker's Rights and Obligations: Lists the broker's duties, responsibilities, and authorized activities

7. Client's Rights and Obligations: Outlines the client's responsibilities and commitments during the exclusive period

8. Commission Structure: Details the commission rates, calculation methods, and payment terms

9. Marketing and Promotion: Specifies how the property will be marketed and promoted

10. Confidentiality: Addresses the handling of confidential information by both parties

11. Data Protection: Covers GDPR compliance and data handling requirements

12. Termination: Sets out the circumstances under which the agreement can be terminated

13. General Provisions: Includes standard clauses such as notices, entire agreement, and governing law

What sections are optional to include in a Broker Exclusive Agreement?

1. Protected Period: Defines a period after termination during which the broker remains entitled to commission for specific prospects - include when requested by broker

2. Sub-Agents: Provisions regarding the appointment and management of sub-agents - include when broker may need to engage other agents

3. International Marketing: Specific provisions for international marketing efforts - include for high-value properties requiring international exposure

4. Property Management: Additional services related to property management - include when broker offers these services

5. Force Majeure: Provisions for unforeseen circumstances preventing performance - include for longer-term agreements

6. Anti-Money Laundering: Specific provisions regarding AML compliance - include for high-value transactions

7. Dispute Resolution: Detailed dispute resolution procedures - include for high-value agreements or when specifically requested

What schedules should be included in a Broker Exclusive Agreement?

1. Schedule 1 - Property Details: Detailed description of the property or properties covered by the agreement

2. Schedule 2 - Commission Rates: Detailed breakdown of commission structures for different transaction types

3. Schedule 3 - Marketing Plan: Specific marketing activities and timeline

4. Schedule 4 - Broker's Services: Detailed list of services to be provided by the broker

5. Appendix A - Required Documentation: List of documents required from the client

6. Appendix B - Approved Marketing Materials: Templates or examples of approved marketing materials and disclaimers

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

Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Retail Property

Industrial Property

Hospitality

Investment Management

Property Management

Construction

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Operations

Marketing

Property Management

Asset Management

Investment

Relevant Roles

Real Estate Broker

Property Manager

Business Development Manager

Sales Director

Property Developer

Investment Manager

Real Estate Agent

Commercial Director

Legal Counsel

Compliance Officer

Operations Manager

Marketing Manager

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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