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The Real Estate Broker Agreement serves as a crucial legal instrument in South African property transactions, establishing the formal relationship between property owners and licensed real estate professionals. This document is essential when a property owner wishes to engage a professional broker to market and sell their property, whether residential, commercial, or industrial. The agreement must comply with the Property Practitioners Act 22 of 2019 and related South African legislation, which sets strict requirements for real estate practitioners and mandates specific disclosures and practices. It typically includes detailed provisions for broker compensation, marketing strategies, duration of the mandate, and obligations of both parties, while incorporating necessary consumer protections and regulatory compliance measures.

1. Parties: Identification of the property owner/seller and the real estate broker/agency, including registration numbers and licensing details as required by the Property Practitioners Act

2. Background: Context of the agreement, including the owner's intention to sell/lease the property and appointment of the broker

3. Definitions: Key terms used throughout the agreement, including Property, Commission, Exclusive Rights, Mandate Period, etc.

4. Appointment and Duration: Formal appointment of the broker and the term of the agreement, specifying whether it's an exclusive or non-exclusive mandate

5. Property Details: Complete description of the property, including physical address, registration details, and title deed information

6. Broker's Services and Obligations: Detailed outline of services to be provided by the broker, including marketing strategy, showings, and negotiation responsibilities

7. Owner's Obligations: Property owner's responsibilities, including providing accurate information, maintaining the property, and cooperating with viewings

8. Commission Structure: Details of broker's commission, payment terms, and conditions under which commission becomes payable

9. Marketing and Advertising: Agreed marketing approach, advertising methods, and associated costs

10. Compliance and Disclosures: Statutory compliance requirements and mandatory disclosures under South African law

11. Termination: Conditions and process for terminating the agreement by either party

12. General Provisions: Standard contract clauses including notices, entire agreement, governing law, and dispute resolution