The Real Estate Agent Agreement is a crucial document used in the Belgian property market when a property owner wishes to engage a professional real estate agent or agency to market and facilitate the sale or rental of their property. This agreement must comply with Belgian federal and regional regulations, including the Professional Institute of Real Estate Agents (BIV/IPI) requirements and consumer protection laws. It typically includes detailed provisions on commission structures, service scope, marketing strategies, and professional obligations. The document is essential for establishing clear expectations and legal protections for both parties, while ensuring compliance with Belgian real estate regulations, anti-money laundering laws, and data protection requirements. It's particularly important given the regulated nature of real estate services in Belgium and the need for agents to maintain professional standards and insurance.
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1. Parties: Identification of the property owner/seller (the Client) and the real estate agent/agency, including registration numbers, BIV/IPI license details, and complete contact information
2. Background: Context of the agreement, including brief description of the property and the Client's intention to sell/rent the property through the agent
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Services', 'Commission', 'Exclusive Agency', etc.
4. Appointment and Scope of Services: Details of the agent's appointment and comprehensive list of services to be provided
5. Duration and Termination: Term of the agreement, renewal conditions, and termination provisions as per Belgian law
6. Agent's Obligations: Detailed responsibilities of the agent including marketing, viewings, reporting, and compliance with professional standards
7. Client's Obligations: Client's responsibilities including providing accurate information, access to the property, and cooperation
8. Commission Structure: Detailed fee structure, payment terms, and conditions for commission becoming due
9. Marketing and Advertising: Agreed marketing strategy and advertising methods to be used
10. Data Protection and Privacy: GDPR compliance measures and handling of personal data
11. Professional Insurance: Details of the agent's professional liability insurance as required by Belgian law
12. Governing Law and Jurisdiction: Confirmation of Belgian law application and jurisdiction for disputes
1. Exclusivity Clause: Used when the agreement is exclusive, defining the terms of exclusive representation
2. International Marketing: Include when the property will be marketed internationally, specifying additional services and requirements
3. Property Management Services: When the agent will also provide property management services for rental properties
4. Special Conditions: For properties with unique features or requirements requiring special handling
5. Success Fee Structure: When including additional performance-based compensation
6. Language Provisions: When the agreement needs to be executed in multiple languages, specifying which version prevails
1. Schedule 1: Property Details: Detailed description of the property, including cadastral details, surface area, and specific features
2. Schedule 2: Commission Calculation: Detailed breakdown of commission calculation methods and examples
3. Schedule 3: Marketing Plan: Specific marketing activities, timeline, and budget
4. Schedule 4: Property Documentation: List of required property documents and certificates as per Belgian law
5. Appendix A: Required Certificates: Copies or list of mandatory certificates (EPC, electrical compliance, etc.)
6. Appendix B: Property Photographs: Official photographs and floor plans of the property
7. Appendix C: BIV/IPI Registration: Copy of agent's professional registration and insurance certificates
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