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Commercial Listing Agreement Template for South Africa

A formal agreement governed by South African law that establishes the terms and conditions under which a commercial real estate agency is authorized to market and facilitate the sale or lease of commercial property. This document complies with the Property Practitioners Act 22 of 2019 and related South African legislation, outlining the scope of the agent's authority, commission structure, marketing obligations, and the duration of the listing. It includes specific provisions for commercial properties, professional service standards, and the protection of both the property owner's and agent's interests within the South African commercial real estate context.

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What is a Commercial Listing Agreement?

The Commercial Listing Agreement serves as a crucial document in South African commercial real estate transactions, establishing the professional relationship between property owners and real estate agencies. It is specifically designed for use when a property owner wishes to engage a professional property practitioner to market and secure buyers or tenants for commercial property. The agreement must comply with the Property Practitioners Act 22 of 2019 and other relevant South African legislation, including consumer protection and electronic communications laws. This document typically includes detailed provisions about the property, commission structures, marketing strategies, and the agent's obligations. A Commercial Listing Agreement is particularly important in the South African context as it provides legal protection for all parties and ensures compliance with strict regulatory requirements in the commercial property sector.

What sections should be included in a Commercial Listing Agreement?

1. Parties: Identification of the Property Owner/Landlord and the Estate Agency, including full legal names, registration numbers, and contact details

2. Background: Brief context setting out the owner's intention to list the property and the agent's qualification to provide the service

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Listing Period', 'Commission', 'Successful Transaction', etc.

4. Property Details: Comprehensive description of the commercial property, including physical address, registration details, and current zoning

5. Appointment and Authority: Terms of the agent's appointment, whether exclusive or non-exclusive, and scope of authority granted

6. Duration: Listing period, including start date, end date, and any automatic renewal provisions

7. Agent's Obligations: Detailed listing of the agent's responsibilities, including marketing efforts, showing the property, and reporting requirements

8. Owner's Obligations: Owner's commitments, including providing access, maintaining the property, and supplying necessary documentation

9. Commission Structure: Detailed explanation of commission rates, payment terms, and triggering events

10. Marketing Terms: Specific marketing commitments, including advertising methods, signage, and budget allocation

11. Termination: Conditions under which either party may terminate the agreement and the consequences thereof

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

What sections are optional to include in a Commercial Listing Agreement?

1. Protected Period: Defines a period after termination during which the agent remains entitled to commission for specific prospects - include when offering exclusive listings

2. International Marketing: Additional provisions for international marketing efforts - include when targeting foreign investors

3. Multi-broker Cooperation: Terms for cooperation with other brokers - include when allowing cooperative listings

4. Property Management Services: Additional terms if the agent will provide property management services - include when offering full-service management

5. Development Properties: Special provisions for properties under development - include when listing incomplete or planned developments

6. Virtual Tours and Digital Marketing: Specific provisions for digital marketing services - include when offering enhanced digital services

What schedules should be included in a Commercial Listing Agreement?

1. Property Schedule: Detailed technical description of the property, including floor plans, specifications, and current tenancies

2. Commission Schedule: Detailed breakdown of commission structures for different transaction types (sale, lease, etc.)

3. Marketing Plan: Comprehensive marketing strategy and budget allocation

4. Required Documentation: List of all required documents for listing and transaction completion

5. Proof of Agency Credentials: Copies of agency licenses, professional certifications, and insurance

6. Pricing Analysis: Market analysis and recommended pricing strategy

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

South Africa

Publisher

Genie AI

Document Type

Broker Agreement

Cost

Free to use

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