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The Real Estate Agent Contract With Broker is a fundamental document in the South African real estate industry, essential for formalizing the relationship between property practitioners. This agreement is required whenever a licensed real estate agent joins a brokerage firm, whether as an independent contractor or employee. The document must comply with the Property Practitioners Act 22 of 2019, the Property Practitioners Regulations 2022, and other relevant legislation such as FICA and POPIA. It covers crucial aspects including commission structures, regulatory compliance requirements, professional standards, and operational procedures. The agreement is designed to protect both parties while ensuring compliance with South African regulatory requirements and industry best practices.

1. Parties: Identification of the Broker and the Agent, including their full legal names, registration numbers, and Property Practitioner Fidelity Fund Certificate numbers

2. Background: Context of the agreement, including the broker's business nature and agent's qualifications

3. Definitions: Key terms used throughout the agreement, including specific industry terminology and transaction-related definitions

4. Appointment and Status: Terms of the agent's appointment and clarification of their status (independent contractor vs employee)

5. Agent Duties and Responsibilities: Comprehensive listing of agent's obligations, including compliance with Property Practitioners Act requirements

6. Broker Duties and Responsibilities: Broker's obligations including training, support, and regulatory compliance assistance

7. Commission Structure: Detailed breakdown of commission splits, payment terms, and conditions for earning commission

8. Compliance Requirements: Specific regulatory compliance obligations including FICA, POPIA, and Property Practitioners Act requirements

9. Marketing and Branding: Guidelines for using broker's brand, marketing materials, and advertising standards

10. Professional Standards: Required conduct, ethical standards, and professional development requirements

11. Non-Compete and Confidentiality: Restrictions on competitive activities and protection of confidential information

12. Term and Termination: Duration of agreement and circumstances for termination

13. Dispute Resolution: Process for handling disagreements and specified mediation/arbitration procedures

14. General Provisions: Standard clauses including notices, amendments, governing law, and entire agreement