This Co-Broker Agreement is designed for use when two or more Belgian real estate professionals or agencies wish to establish a formal collaboration. It is particularly relevant in situations where brokers want to expand their market reach, share resources, or collaborate on specific property types or territories while maintaining their independent business identities. The agreement ensures compliance with Belgian real estate regulations, including the Law of 11 February 2013 on Real Estate Agents and IPI/BIV professional standards. It covers essential elements such as commission sharing structures, client management protocols, data protection requirements, and professional obligations. This document is crucial for protecting both parties' interests while facilitating efficient cooperation in the Belgian real estate market.
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1. Parties: Identification of the co-brokers entering into the agreement, including their professional registration details and IPI/BIV numbers
2. Background: Context of the agreement and the intention to cooperate in real estate transactions
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Client', 'Commission', 'Territory'
4. Scope of Cooperation: Details of how the co-brokers will work together and the types of properties/transactions covered
5. Rights and Obligations: Specific duties and responsibilities of each co-broker
6. Commission Structure: Agreement on fee sharing and payment terms
7. Confidentiality: Obligations regarding confidential information and client data
8. Data Protection: GDPR compliance measures and data handling procedures
9. Professional Standards: Commitment to comply with IPI/BIV regulations and industry standards
10. Term and Termination: Duration of the agreement and termination provisions
11. Governing Law and Jurisdiction: Confirmation of Belgian law application and dispute resolution procedures
1. Exclusivity Provisions: Used when the co-brokers agree to work exclusively with each other in specific territories or for specific property types
2. Marketing Arrangements: Include when specific marketing responsibilities and cost-sharing need to be defined
3. International Transactions: Required when dealing with cross-border properties or clients
4. Anti-Money Laundering Procedures: Detailed AML procedures when dealing with high-value transactions or specific risk categories
5. Training and Support: Include when one broker will provide training or support to the other's team
6. Insurance Requirements: Additional insurance obligations beyond standard professional coverage
7. Non-Solicitation: Used when parties want to prevent poaching of clients or employees
1. Schedule 1 - Commission Rates: Detailed breakdown of commission splits for different types of transactions
2. Schedule 2 - Territory Definition: Maps or descriptions of geographical areas covered by the agreement
3. Schedule 3 - Marketing Guidelines: Specific requirements for co-branded marketing materials
4. Schedule 4 - Standard Operating Procedures: Detailed procedures for handling joint listings and client management
5. Schedule 5 - Contact Details: Key personnel and emergency contact information for both parties
6. Appendix A - Required Documentation: Templates and forms to be used in joint transactions
7. Appendix B - Professional Certifications: Copies of relevant licenses and professional registrations
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