The Standard Estate Agent Contract serves as a foundational document in South African property transactions, establishing the legal framework for professional property marketing and sales services. This contract is essential when a property owner wishes to engage an estate agent or agency to market and sell their property, whether residential or commercial. It must comply with the Property Practitioners Act 22 of 2019, the Consumer Protection Act, and other relevant South African legislation. The document typically includes detailed terms regarding the agent's authority, commission structures, marketing obligations, and the duration of the mandate. It's particularly important for protecting both the estate agent's interests in securing their commission and the property owner's interests in ensuring professional service delivery. The contract can be adapted for various property types and mandate arrangements, from exclusive to non-exclusive listings, and may include additional provisions for specialized services such as rental management or development marketing.

1. Parties: Identification of the Estate Agent/Agency and the Client (seller/landlord), including full legal names, registration numbers if applicable, and contact details

2. Background: Context of the agreement, including brief property description and the parties' intention to enter into an estate agency relationship

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Commission', 'Mandate Period', and other relevant terminology

4. Appointment and Mandate: Formal appointment of the estate agent and scope of authority (exclusive/non-exclusive mandate)

5. Property Details: Comprehensive description of the property, including physical address, registration details, and relevant specifications

6. Agent's Obligations: Detailed listing of the estate agent's duties, marketing commitments, and service standards

7. Client's Obligations: Client's responsibilities, including provision of accurate information and cooperation requirements

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

9. Duration of Mandate: Period of the agreement, including start date, end date, and any renewal provisions

10. Termination: Conditions and procedures for ending the agreement by either party

11. Compliance Declarations: Statements ensuring compliance with FICA, Property Practitioners Act, and other relevant legislation

12. General Terms: Standard contractual provisions including notices, breach, dispute resolution, and governing law