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Exclusive Agency Agreement (Real Estate) Template for Ireland

This document establishes an exclusive agency relationship between a property owner and a licensed real estate agent in Ireland, governed by Irish law and compliant with the Property Services (Regulation) Act 2011. It grants the agent exclusive rights to market and sell/lease the property for a specified period, detailing commission structures, service obligations, marketing strategies, and termination conditions. The agreement includes comprehensive provisions for data protection, professional conduct, and dispute resolution, while ensuring compliance with Irish property services regulations and consumer protection laws.

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What is a Exclusive Agency Agreement (Real Estate)?

The Exclusive Agency Agreement (Real Estate) is a crucial document in Irish property transactions, used when a property owner wishes to grant sole selling/leasing rights to a specific real estate agent. This arrangement, governed by Irish law and regulated under the Property Services (Regulation) Act 2011, provides the appointed agent with exclusive authority to market and negotiate the sale/lease of the property for a defined period. The document is essential for establishing clear terms of engagement, protecting both parties' interests, and ensuring compliance with Irish regulatory requirements. It typically includes detailed provisions on commission structures, service obligations, marketing approaches, and termination rights, while incorporating necessary data protection and consumer protection measures. This type of agreement is particularly valuable when property owners seek dedicated, focused representation and want to avoid potential conflicts or confusion that might arise from multiple agents marketing the same property.

What sections should be included in a Exclusive Agency Agreement (Real Estate)?

1. Parties: Identification of the property owner (Client) and the licensed real estate agent (Agent), including full legal names, addresses, and relevant registration numbers

2. Background: Context of the agreement, including property details and the client's intention to sell/lease through an exclusive arrangement

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

4. Appointment and Scope: Explicit statement of exclusive appointment and detailed description of services to be provided by the Agent

5. Duration and Exclusivity: Term of the agreement, exclusivity provisions, and conditions for renewal or termination

6. Agent's Obligations: Detailed responsibilities including marketing strategy, viewings, negotiations, and compliance with relevant regulations

7. Client's Obligations: Property owner's responsibilities, including providing accurate information and maintaining the property

8. Commission Structure: Detailed breakdown of fees, commission rates, and payment terms

9. Marketing and Advertising: Agreed marketing approach, including types of advertising and associated costs

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

11. Data Protection: GDPR compliance provisions and data handling procedures

12. Governing Law: Specification of Irish law as governing law and jurisdiction

What sections are optional to include in a Exclusive Agency Agreement (Real Estate)?

1. Post-Termination Obligations: Used when specific post-termination provisions are needed, such as commission protection periods

2. Professional Indemnity: Include when additional insurance or liability provisions are required beyond standard coverage

3. Multiple Properties: Used when the agreement covers more than one property

4. Additional Services: Include when the agent offers extra services beyond standard property sale/lease services

5. International Marketing: Used when property will be marketed to international buyers/tenants

6. Virtual Services: Include when virtual viewings or digital services are part of the offering

What schedules should be included in a Exclusive Agency Agreement (Real Estate)?

1. Schedule 1 - Property Details: Comprehensive description of the property, including address, boundaries, and relevant certificates

2. Schedule 2 - Commission Rates: Detailed breakdown of commission structures, including different scenarios and calculation methods

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

4. Schedule 4 - Property Services: Detailed list of all services to be provided by the Agent

5. Appendix A - Required Documentation: List of necessary documents and certificates required for the sale/lease

6. Appendix B - Agent's Credentials: Copies of relevant licenses, insurance certificates, and professional memberships

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

Jurisdiction

Ireland

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use

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