Property Finders Fee Agreement for South Africa

Property Finders Fee Agreement Template for South Africa

This document is a legally binding agreement governed by South African law that establishes the terms and conditions under which a finder will locate potential buyers or tenants for specified properties in exchange for a fee. It complies with the Property Practitioners Act 22 of 2019 and related South African legislation, outlining the scope of services, payment terms, and obligations of both parties. The agreement includes provisions for fee calculation, payment triggers, confidentiality requirements, and dispute resolution mechanisms, all within the context of South African property law and business practices.

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What is a Property Finders Fee Agreement?

The Property Finder's Fee Agreement is essential in South African real estate transactions where property owners or developers engage individuals or companies to source potential buyers or tenants. This document type has become increasingly important in the South African property market, where specialized finders operate alongside traditional estate agents. The agreement defines the finder's role, compensation structure, and obligations while ensuring compliance with South African legislation, particularly the Property Practitioners Act 22 of 2019 and consumer protection laws. It's commonly used when property owners seek to expand their reach beyond traditional sales channels or when dealing with specialized property types requiring targeted buyer identification. The agreement typically includes detailed provisions about the property, target buyer/tenant profiles, fee structures, and success criteria.

What sections should be included in a Property Finders Fee Agreement?

1. Parties: Identifies and provides full details of the principal (property owner) and the finder, including registration numbers for companies or ID numbers for individuals

2. Background: Explains the context of the agreement - that the principal wishes to sell/lease property and engage the finder to identify potential buyers/tenants

3. Definitions: Defines key terms used throughout the agreement including 'Property', 'Successful Transaction', 'Finder's Fee', 'Prospective Buyer/Tenant'

4. Appointment: Formal appointment of the finder and scope of authority

5. Finder's Services: Detailed description of services to be provided by the finder

6. Duration: Term of the agreement, including commencement date and termination provisions

7. Finder's Fee Structure: Detailed explanation of fee calculation, payment triggers, and payment terms

8. Payment Terms: Specifics about when and how payment will be made, including invoice requirements

9. Obligations of the Principal: Principal's responsibilities including providing accurate information and cooperating with the finder

10. Representations and Warranties: Standard warranties about authority to contract and accuracy of information

11. Confidentiality: Provisions regarding confidential information and its protection

12. General Terms: Standard contract clauses including notices, entire agreement, variation, and governing law

What sections are optional to include in a Property Finders Fee Agreement?

1. Exclusivity: Used when the finder has exclusive rights to find buyers/tenants for the property

2. Multiple Properties: Include when the agreement covers multiple properties

3. International Transactions: Required for cross-border transactions, including currency provisions and international payment terms

4. Sub-agents: Include if the finder is permitted to appoint sub-agents

5. Marketing Obligations: Used when specific marketing activities are required

6. Dispute Resolution: Optional detailed dispute resolution procedures including mediation or arbitration

7. Force Majeure: Include for longer-term agreements to address unforeseen circumstances

8. Non-circumvention: Used to prevent direct dealings between principal and prospects introduced by finder

What schedules should be included in a Property Finders Fee Agreement?

1. Property Details: Detailed description of the property/properties covered by the agreement

2. Fee Schedule: Detailed breakdown of fees, including any sliding scales or special circumstances

3. Required Documentation: List of documents required for verification of successful transactions

4. Approved Marketing Material: Templates or guidelines for marketing materials if applicable

5. Reporting Requirements: Templates and timing for required reports from finder to principal

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

South Africa

Publisher

Genie AI

Document Type

Fee Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Industrial Property

Retail Property

Property Investment

Construction

Hospitality

Agriculture

Relevant Teams

Legal

Real Estate

Property Management

Business Development

Compliance

Finance

Operations

Investment

Asset Management

Risk Management

Commercial

Relevant Roles

Property Manager

Real Estate Agent

Property Developer

Investment Manager

Business Development Manager

Property Finder

Asset Manager

Commercial Director

Legal Counsel

Property Portfolio Manager

Acquisitions Manager

Real Estate Broker

Property Consultant

Investment Analyst

Compliance Officer

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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