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Agency Listing Agreement Template for Belgium

A Belgian Agency Listing Agreement is a legally binding contract governed by Belgian law, specifically compliant with the Belgian Law on Commercial Agency Agreements of 1995 and real estate regulations. This agreement establishes the terms and conditions under which a real estate agent or agency is authorized to market and sell a property on behalf of the owner. The document outlines the scope of the agent's authority, commission structure, marketing responsibilities, duration of the listing, and specific obligations of both parties while ensuring compliance with Belgian real estate regulations and EU directives.

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What is a Agency Listing Agreement?

An Agency Listing Agreement is essential for formalizing the relationship between property owners and real estate agents in Belgium. This document is used when a property owner wishes to engage a professional real estate agent or agency to market and sell their property. The agreement must comply with Belgian commercial agency laws, including the Law of 13 April 1995, and real estate regulations enforced by the Professional Institute of Real Estate Agents (BIV/IPI). It typically includes detailed provisions on property description, asking price, commission structure, marketing strategies, and the agent's responsibilities. The document is particularly important in Belgium due to strict regulatory requirements governing real estate transactions and agency relationships, requiring specific mandatory provisions and professional standards compliance.

What sections should be included in a Agency Listing Agreement?

1. Parties: Identification of the Agent and the Property Owner/Principal, including full legal names, addresses, and registration numbers where applicable

2. Background: Context of the agreement, brief description of the property and the parties' intention to enter into an agency relationship

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

4. Appointment and Scope: Terms of the agent's appointment, whether exclusive or non-exclusive, and the specific services to be provided

5. Property Details: Comprehensive description of the property, including address, cadastral details, and specific features

6. Duration and Termination: Length of the listing agreement, renewal terms, and conditions for termination

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

8. Principal's Rights and Obligations: Owner's responsibilities, including providing access to the property and necessary documentation

9. Asking Price and Commission: Agreed listing price, commission structure, and payment terms

10. Marketing and Advertising: Specific marketing strategies, approved advertising methods, and cost allocation

11. Data Protection and Privacy: GDPR compliance measures and handling of personal data

12. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes

13. Signatures: Execution block with date and signatures of all parties

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

1. Dual Agency: Required when the agent may represent both seller and buyer, outlining how conflicts will be managed

2. International Marketing: Include when the property will be marketed outside Belgium, addressing specific international marketing requirements

3. Property Management: Required when the agent will provide property management services during the listing period

4. Special Conditions: For properties with unique features or requirements (historical properties, special zoning, etc.)

5. Language Provisions: Required in bilingual regions of Belgium to address language requirements

6. Energy Performance: Required for properties that need specific energy certification disclosure

7. Virtual Tours and Digital Marketing: Include when specific digital marketing services are part of the agreement

What schedules should be included in a Agency Listing Agreement?

1. Schedule 1 - Property Details: Detailed technical description of the property, including measurements, facilities, and condition

2. Schedule 2 - Commission Structure: Detailed breakdown of commission calculations and payment terms

3. Schedule 3 - Marketing Plan: Specific marketing activities, timeline, and budget

4. Schedule 4 - Property Documentation: List of required documents, certificates, and permits

5. Schedule 5 - Photography and Media Rights: Terms for use of property photographs and marketing materials

6. Appendix A - Property Photos: Current photographs of the property

7. Appendix B - Floor Plans: Detailed floor plans and measurements

8. Appendix C - Energy Performance Certificate: Copy of current energy performance certificate

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Publisher

黑料视频

Document Type

Agency Agreement

Cost

Free to use

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