Exclusive agreement for the provision of real estate services: sample drafting

Kinds

Agreements are concluded between two parties - the contractor (real estate agency) and the customer (agency client).

The object of a real estate transaction is a land plot, apartment, house, cottage, office space , etc.

The subjects of the transaction are its participants, who can be both individuals and legal entities . We discussed the specifics of an agreement for the provision of services with individuals here, and here you will learn how to correctly conclude such an agreement with a legal entity.

Depending on what goals the real estate agency client pursues, there are 2 main types of contracts :

Contracts for the purchase and sale of real estate . This is the most common way to complete a real estate transaction. This form of agreement is used when the client intends to sell an object he owns, or purchase a new property. The subjects of the transaction are the buyer and the seller .
Lease agreements . This type of transaction is concluded when searching for a property for a potential tenant, or when searching for tenants for the property owner. In lease agreements, the parties to the transaction are the tenant and the lessor .

An exclusive contract is an agreement for the provision of real estate services, under which an agency or a private realtor are the only performers ; the client cannot contact other performers during the validity period of the contract.

Sample contract for the provision of real estate services.

Sales and purchases

This agreement is compensated and mutual . As a result of the transaction, the buyer acquires a property that meets his requirements, and the seller receives a certain amount of money for the property sold.

An agreement concluded with a client wishing to purchase new real estate or sell his own implies the provision of the following services by the real estate agency:

Search for the buyer of an object that meets his stated requirements (cost, area, location, floor, quality of repair, etc.).
Search for the seller of potential buyers of his property.
Constant monitoring of the real estate market in order to discover suitable options.
Consulting clients regarding the situation in the real estate market.
Notification about selected suitable options.
Coordination of time and place for buyers to inspect selected objects.
Coordinating the time for potential buyers to visit the seller’s property, accompanied by a realtor.
Checking title documents of real estate.
Collection and verification of all documents necessary to conclude a transaction between the agency’s client and the second party to the transaction.
Clarification of all data relating to the property (for example, the presence of registered minor children, etc.).
Maintaining confidentiality .

The client, in turn, must appear for inspection or provide the opportunity to inspect objects by prior agreement, provide reliable information and all required documents , pay an advance on the basis of a concluded preliminary agreement (for buyers), etc.

Exclusive agreement for the provision of real estate services - sample.

Sample contract for the provision of services for the purchase of an apartment.

Rentals

A rental agreement, which is concluded with a client who wants to rent someone else’s property or rent out his own , implies the provision of the following services by the real estate agency:

Search for a tenant for an object that meets his stated requirements (price, area, location, etc.).
Search for the landlord of potential tenants of his property.
Constant monitoring of the real estate market.
Consulting clients regarding the situation in the real estate market.
Notification about selected suitable options.
Coordination of the time and place of inspection by the tenant of the selected objects.
Coordinating the time for potential tenants to visit the landlord's property, accompanied by a realtor.
Checking title documents of real estate.
Collection and verification of all documents.
Maintaining the confidentiality of received information.

Tenants and landlords undertake to appear for inspection or provide the opportunity to inspect objects by prior agreement, provide reliable information and all required documents , and pay rent on time.

Sample agreement for the provision of real estate services for the rental of real estate.

Sample agreement for the provision of services to attract tenants to a property.

Do not give realtors a general power of attorney

If intermediaries insist on issuing a power of attorney so that they can act on your behalf, give them a power of attorney to deliver and receive documents.
Giving a general power of attorney or the right to manage money is a mistake. There are many cases where unscrupulous realtors made dubious transactions on behalf of their clients. The procedure is simple to the point of banality:

find a buyer or seller;
enter into a preliminary agreement with him if someone needs to find money,
sign the main agreement;
submit all documents to the MFC;
you wait 2 weeks and get them back along with an extract from Rosreestr.

The list of certificates and extracts that must be attached to the contract is short. It will be reported by any lawyer or MFC specialist. In addition, I have already given an approximate list above, you can safely rely on it.

As for the contract, there is nothing complicated in its preparation. It makes no difference who writes it: you yourself, a law student or a professional lawyer. The law does not impose strict requirements on the structure - the main thing is that all significant elements are present, and prices and terms suit both parties.

If the situation is more complicated, for example, you need a mortgage or children are involved in the transaction, and you do not know which way to approach the solution to the problem, then before running to realtors, you should get advice from an independent lawyer. He will break down what you need to do and offer a ready-made algorithm. For this you will pay from 1 to 5 thousand rubles. This is less than the tens of thousands that a realtor will ask for.

Of course, you will have to run around, but you will gain invaluable experience, and you will be able to use the saved money more intelligently - for example, buy shares with it.

How do you feel about the work of realtors?

This is an important profession, they really help 100%, 1 vote 1 vote 100%
1 vote - 100% of all votes
In some cases, you can’t do without realtors 0%, 0 votes
0 votes
0 votes - 0% of all votes
They are just parasites and no one needs them 0%, 0 votes
0 votes
0 votes - 0% of all votes

Total votes: 1

07.12.2020

Document structure

According to the law, there is no single unified form of the document, but its structure must necessarily include the following points:

Title of the document.
Description of the parties to the agreement. The contractor is a real estate agency, the customer is a client.
Subject of the agreement. This section describes in detail the list of services that the real estate agency undertakes to provide at all stages.
Terms of a transaction. This paragraph indicates the cost of the transaction, the calculation procedure, and the amount of the advance .
Campaign reward. Cost of agency services and payment procedure.
Rights and obligations of the performer.
Rights and obligations of the customer.
Confidentiality guarantee .
Responsibility of the parties.
Dispute resolution .
The procedure for amending and terminating the document.
Final provisions. For example, indicating the number of copies, the number of pages in the document, the purpose of each copy, etc.
Passport and contact details , bank details of the parties.

What are the possible situations?

Standard contract for the purchase and sale of equipment between legal entities

Clients are wondering how to properly carry out the termination procedure when certain circumstances arise. These are controversial situations that can harm the reputation of the real estate agency, as well as the client’s plans. The customer is always interested in a possible method of termination that will allow him to avoid paying fines and other undesirable consequences. It is impossible to answer this question unequivocally, since everything depends on the individual characteristics of the situation. Several reasons can be a catalyst for the emergence of such requirements from the customer:

Violation of the norms established by law, obvious fraud or violation of contract clauses. Having studied the client’s reasons, we can conclude whether he has a chance of terminating the agreement

If the case goes to court (many realtors try to recover damages in this way), the client's information will be taken into account and may seem too meager and unreasonable. In this case, the lack of necessary data may be considered a violation of the law.

Example: The contract specified an amount in a certain currency, which unexpectedly depreciates due to economic reasons. However, in this case the client must make the sale exactly at the price specified in the agreement

This is especially important when concluding an exclusive agreement. The realtor's demands may be unreasonable only if the agreement included a clause on recalculation of the final cost in the event of a change in the exchange rate

In such a situation, the law sides with the client, allowing him to refuse the service, but obliging him to reimburse the cost of the service that has already been provided by the realtor. It is possible that it will be equal to zero. In order to avoid such a situation, many real estate agencies prefer to pay for services in stages, which complicates attempts to terminate the agreement.

The service is no longer relevant. A situation is possible when the client himself finds a buyer after a long wait. In this case, he no longer requires the services of a realtor or agency. The relevance of the service may be lost for other reasons. The client should immediately notify the realtor about this so that the parties can resolve the issue amicably. The process will not cause difficulties if the agreement did not have exclusive status.

Life circumstances. If such a situation was spelled out in the agreement, it may become a significant reason for its termination. This refers to circumstances beyond the control of both parties. In this case, the client can receive an answer to the question of how to terminate the agency agreement with the real estate agency, without the need for additional payments.

Additional terms

When drawing up a contract, the following important points .

The document must indicate the cost of the transaction, the procedure and terms of payment . Lack of information regarding the price automatically invalidates the transaction.

If real estate services are provided by several agents (or companies), then the agreement must contain information about the rights and obligations of all participants in the transaction . Lack of information about at least one of the parties to the transaction makes the contract invalid.

Participants can individually agree on the method of compensation for damages by the party that violated the obligations. This may be payment of a fine, penalty, penalty, etc.

Features of an alternative transaction

Chain collection

Very often, problems with organizing an alternative transaction arise for those who sell an apartment on their own. Even if you find a buyer and choose a new apartment for yourself, you cannot predict how long it will take to find an alternative from your seller, and so on down the chain. Often, the parties to the transaction simply cannot agree on the terms: timing of the move, prices, etc. As a result, buyers leave the chain and new ones appear. All this delays the trip to the MFC to register the transaction.

To avoid mistakes and speed up purchase and sale, people turn to specialists (realtors or lawyers) for help. Since each participant in the chain is responsible for their own part of the transaction, each person hires a specialist for himself. The task of a professional is to resolve all organizational issues with other buyers and sellers.

The specialist conducts negotiations with potential buyers or sellers, helps to correctly assess the chances of the feasibility of an alternative to the chosen apartment, and concludes the necessary preliminary agreements so that you do not lose money.

If you participate in a ready-made chain, you will see almost no differences from ordinary sales and purchases. For you personally, this will be a simple transaction, because you won’t have to wait for anyone. You will need to sign contracts and go through the procedure of state registration of the transfer of ownership.

Signing contracts

There is no special purchase and sale agreement for this case. For each transaction in the chain, its own agreement is drawn up, which is not connected with the others. Each agreement is signed separately and submitted for registration separately.

It is allowed to conclude an agreement in simple written form (PPF) or with the participation of a notary. The first option is suitable for transactions that are not required to be notarized.

If you want to use PPF, it is better to contact a lawyer who will check all the details of the contract.
The services of a notary are necessary if minors are involved in the transaction, a lifelong maintenance agreement with dependents (rent) is concluded, the apartment has several owners, etc.

Transfer of money

The transfer of money under sales and purchase agreements takes place simultaneously for all parties to the transaction. And this condition does not depend on the number of participants in the transaction: there can be at least 10, at least 20. This is true for cases when the contract does not stipulate special conditions. As an exception, you can add a clause under which payment is made only after the entire chain of transactions has been registered.

For an unprepared person, transferring money is the most difficult and risky stage. It is when discussing the conditions of how

the seller receives payment, the most disagreement arises. Therefore, it is often impossible to do without the help of a lawyer.

Important! You should not transfer money in cash from hand to hand. Use a letter of credit or a safe deposit box for this

We described the procedure in more detail in the article “Buying an apartment on the secondary market without a realtor: step-by-step instructions.” In this case, it will be possible to receive money only after state registration of the transfer of ownership

Please note that mortgage loans and maternity capital funds in alternative transactions can be used on standard terms

Registration of transactions

Registration of transactions in the MFC does not require simultaneous submission of documents for all transactions in the chain. Although no one prohibits this. The parties to each transaction choose a day and time and come together with ready-made documents. If there is a power of attorney from all participants, authorized persons can submit documents: relatives, lawyers, realtors, etc.

After submission, the documents go to different state registrars

The registrar cannot track the connection between apartments, so it is especially important to prepare the documents correctly. If one of the transactions is not registered, the entire chain will be suspended until the problem is corrected or a replacement for the problem apartment is found

Applications

The agreement may have annexes that supplement the information specified in its main structure. This information includes:

Detailed description of the property (location, infrastructure, condition of the premises, number of rooms, layout, etc.).
Confirmation of consent to purchase housing indicating its cost, amount of advance payment, etc.
Payment schedule.
Power of attorney for the official representative of the customer.
Certificate of acceptance/delivery of services.

Options for cooperation with a realtor

To begin with, let’s look at what options clients can have for working as a realtor:

One realtor for both sides. The specialist receives double remuneration fairly - his work in this case is very difficult.
Both sides have different agents. Each party pays its own realtor.
Only one party has an agent. It is in this situation that the question most often arises: who pays the realtor - the seller or the buyer.

In fact, the services of an agent are equally needed by each of the parties: the seller and the buyer have different goals, but both parties want to conclude a purchase and sale agreement on favorable terms.

Mixed agreement

From a theoretical point of view, a lease agreement is the temporary possession of someone else’s property for a certain payment, and a paid service agreement is the performance of a number of actions in order to receive a reward . But in practice these concepts are difficult to distinguish.

For this reason, a lease agreement can often be considered at the same time as a contract for the provision of services . An example of a mixed lease and service agreement is a document signed by a citizen upon check-in at a hotel .

The tenant simultaneously acts as a tenant of a hotel room for a certain period of time for a specific payment and a recipient of services that are included in the cost of staying at the hotel.

An example of a mixed service agreement.

Other materials on the portal will help you learn about the specifics of drawing up agreements for the provision of services in other areas of activity. Read about concluding agreements for the provision of cleaning, accounting, educational, consulting, advertising, repair, medical, legal, transport and agency services.

What do you need to know about choosing an intermediary?

Tax on gifts of real estate between close relatives

When choosing a real estate company, pay attention to its popularity, experience in the market, the size of its client base and, of course, the terms of cooperation. The intermediary’s website will tell you a lot, as well as reviews from former clients that can be found on the Internet.

Before concluding an agreement with a realtor, you must:

Check the company registration certificate and constituent documents.
Study the reputation of the intermediary (presence of legal disputes with clients, etc.).
Find out what his customer base is and how often it is updated.
Clarify the full range of services that should be provided (appraisal of the apartment, marketing assistance in sales and purchases, etc.).
Study the company's rates and compare them with the rates of other realtors.

If the timing of the sale or purchase of an apartment is important to you, then pay attention to the guarantees that the realtor will fulfill his obligations. In this case, it matters whether the company operates through an affiliate sales system, that is, whether it involves other realtors in the search

When collaborating under such a scheme, the scope of offers will be much greater, which will speed up the search for an apartment or a buyer.

For real estate sellers, a marketing plan for selling an apartment is also very important. It should include posting an ad on 50-100 sites, photos and videos of the object, and other types of advertising.

Attention! The general direction of the mediator’s work is also important. For example, if you are going to buy or sell luxury real estate, then it is best to cooperate with a realtor who has experience working specifically with VIP clients and a corresponding database of offers

What is included in real estate services when buying a home?

A good intermediary always provides a whole range of services: from appraising an apartment to assistance in collecting documents for completing a purchase and sale transaction. The larger the package of services, the better, but do not forget that all this is reflected in the amount of commission. Realtor services include:

assessment of the cost of the apartment;
assistance in choosing an apartment based on the buyer’s wishes;
advertising the property in the media;
collection of all necessary documents for the transaction;
organizing the preparation of a preliminary agreement, as well as a purchase and sale agreement;
control of security of mutual settlements;
support of the transaction until its completion (signing of the acceptance certificate and handing over the keys to the apartment).

If a company is only willing to connect you with a seller or buyer, then its services should be assessed at the lowest level. The client himself determines the scope of the realtor's services. For example, it is not at all necessary to give him a power of attorney to collect certificates and other documents for registration. You can do this yourself.

The main thing for which a realtor is hired is the client base. It should be as large as possible and constantly updated. All legal formalities (for which, by the way, the intermediary company does not bear any responsibility) can be undertaken or engaged by a notary (read more about the specifics of registering a contract through a notary here).

If you are familiar with banking services, then there will be no problem with organizing payments yourself. But if you hear the word “letter of credit” or “safety deposit box” for the first time, then it is better to use the help of a realtor who will explain to you the principle of mutual settlements through a bank and recommend where to go (read more about how settlements through a safe deposit box occur here).

How much will it cost for the buyer and seller?

A logical question: how much does it cost to have a realtor support a purchase and sale transaction? The services of an intermediary in the real estate market cost on average 2-5% of the cost of an apartment. The area of housing does not matter. For this money they promise not only the choice of an apartment, but also full legal support, preparation of a bill of sale and support of the client until the final transaction.

Important! A fixed price is also possible, for example, from 30-150 thousand rubles per purchase and sale transaction

It all depends on the client’s choice and the conditions of the intermediary company.

Summary

Thus, an agreement for the provision of real estate services is concluded between a real estate agency and a customer, who can be an individual or legal entity. The subject of the agreement is a real estate object (land, apartment, house, etc.), which can be purchased, sold, leased or leased.

The contract must contain information about the contractor and the customer, the nature of the services provided, the rights and obligations of the parties, and the terms of the transaction.

A prerequisite is the availability of information about all participants in the transaction and an indication of the price.

The agreement may have annexes containing additional information.

Hidden payment

Sometimes realtors contact an advertisement from a seller or buyer and offer free assistance in concluding a transaction. But, as you know, no one will work for free: agents simply have several life hacks in which they still receive their percentage.

Let’s say a specialist has found the ideal apartment for a buyer who agrees to the seller’s price. But at the decisive moment, the realtor says that his services cost a certain amount. It is difficult for a buyer and seller who are already determined to conclude a profitable contract to refuse a suitable option. Therefore, the parties begin to think together about how to get out of the situation.

The following scenarios are possible:

the buyer is so interested in the property that he agrees to pay more;
the seller does not want to lose the buyer, so he gives in to him - at the same time, he may believe that it was a simple bargaining, but in fact there was a payment for the services of a realtor;
the deal falls through because the parties cannot agree among themselves.

Sample letter of refusal of real estate services

By granting both parties to an agreement for the provision of real estate services the right to unilaterally refuse it, the Civil Code of the Russian Federation shows a different attitude towards the parties. The point is that the customer (consumer of real estate services, client of the realtor) is under special protection. If he refuses the contract, the adverse consequences are limited to the need to reimburse the expenses incurred by the contractor (realtor). If the contractor (realtor) acts as the refusing party, he will have to compensate the customer (client) for losses in full. In the event that the consumer refuses the contract for the provision of real estate services, he will have to compensate the realtor only for actual damage. When canceling a real estate contract, the consumer may demand compensation for damages, including both actual damage (for example, compensation for expenses associated with searching for a property) and lost profits. Unilateral refusal is a party’s reaction to certain contractual violations. A sufficient basis for terminating a contract for the provision of real estate services may be the assumption of the possible inability of the party, primarily the realtor, to fulfill the obligation assumed. In accordance with Art. 783 of the Civil Code of the Russian Federation, general provisions on contracts (Articles 702-729) apply to an agreement for the provision of paid services, unless this contradicts the articles of Chapter 39 “Paid provision of services” and the specifics of the subject of the agreement. taking into account the provisions of paragraph 2 of Art. 715, it is possible to cancel the contract for the provision of real estate services if the realtor did not start providing services on time or if the consumer, during the provision of services, discovers that the realtor is providing services so slowly that their provision on time becomes clearly impossible.

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The subsequent impossibility of performance may be either legal or factual. Legal impossibility can be created by an act of a public authority, but the actual impossibility is expressed in the fact that the obligation cannot be fulfilled in kind. The criterion for identifying the actual impossibility of execution can be the state of the real estate market.