Exclusive Brokerage Contract for Malta

Exclusive Brokerage Contract Template for Malta

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Exclusive Brokerage Contract

"I need an Exclusive Brokerage Contract under Maltese law for a luxury residential property in Valletta, with a six-month exclusivity period starting March 1, 2025, and including standard commission rates for the local market."

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What is a Exclusive Brokerage Contract?

The Exclusive Brokerage Contract is essential for establishing a formal, exclusive relationship between a property owner/seller and a licensed real estate broker in Malta. This document is typically used when a property owner wants to ensure focused, dedicated attention from a single broker or agency, potentially leading to more effective marketing and better sales outcomes. The agreement, governed by Maltese law, particularly the Real Estate Agents, Property Brokers and Property Consultants Act, includes detailed provisions on exclusivity periods, commission structures, marketing commitments, and service obligations. It protects both parties' interests by clearly defining the scope of exclusive rights, responsibilities, and compensation terms, while ensuring compliance with local regulatory requirements.

What sections should be included in a Exclusive Brokerage Contract?

1. Parties: Identification of the broker and the client, including license numbers and full legal details

2. Background: Context of the agreement and brief description of the parties' intention to enter into an exclusive brokerage relationship

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

4. Appointment and Scope: Express appointment of the broker as exclusive agent and detailed scope of services to be provided

5. Duration and Exclusivity: Term of the agreement and specific provisions regarding the exclusive nature of the appointment

6. Broker's Obligations: Detailed listing of the broker's duties, responsibilities, and service commitments

7. Client's Obligations: Client's responsibilities, including providing accurate information and maintaining exclusivity

8. Commission Structure: Details of fees, commission rates, payment terms, and circumstances triggering payment obligations

9. Marketing and Promotion: Agreed marketing activities and authorization to advertise the property

10. Termination: Circumstances and procedures for ending the agreement, including notice requirements

11. Confidentiality: Obligations regarding confidential information and data protection

12. Governing Law and Jurisdiction: Confirmation of Maltese law as governing law and jurisdiction for disputes

What sections are optional to include in a Exclusive Brokerage Contract?

1. Protection Period: Post-termination period during which commission remains payable for specified transactions - include when requested by broker

2. Additional Services: Description of any supplementary services offered beyond standard brokerage - include when additional services are part of the package

3. Sub-Agents: Terms governing the appointment and use of sub-agents - include when sub-agents may be involved

4. International Marketing: Specific provisions for international marketing efforts - include for high-value properties or when international buyers are targeted

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

6. Insurance and Liability: Detailed provisions on insurance requirements and liability limitations - include for high-value properties

7. Anti-Money Laundering: Specific AML compliance obligations - include for high-value transactions or when dealing with corporate clients

What schedules should be included in a Exclusive Brokerage Contract?

1. Property Details: Detailed description of the property, including address, specifications, and asking price

2. Commission Schedule: Detailed breakdown of commission rates, including any sliding scales or special circumstances

3. Marketing Plan: Specific marketing activities, timelines, and budgets

4. Broker's License and Qualifications: Copies of relevant licenses, certifications, and professional qualifications

5. Approved Marketing Materials: Templates or examples of approved marketing materials and property descriptions

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

Clauses
Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Retail Property

Industrial Property

Hospitality

Asset Management

Investment Services

Property Investment

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Operations

Commercial

Property Management

Contracts Administration

Risk Management

Relevant Roles

Real Estate Broker

Property Agent

Real Estate Agent

Property Consultant

Sales Director

Business Development Manager

Property Manager

Asset Manager

Legal Counsel

Compliance Officer

Contract Manager

Real Estate Director

Operations Manager

Commercial Director

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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