Drawing up and concluding an agreement for the provision of real estate services

Duties of the parties

The contract must clearly state the rights and obligations of the parties. Each party has the right to demand fulfillment only of those obligations that are fixed in the text of the agreement. The agency's obligations depend on the subject of the contract. This could be searching for an apartment, a buyer, viewing a property, consultations, collecting documents, organizing a transaction. The client’s obligations usually include the requirement to come to the transaction at the appointed time with all the necessary documents and pay for the agency’s services.

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Do I need an agreement with a realtor?

Any real estate agency will work with a client only after concluding an appropriate agreement. The same can be said about normal private realtors. Thus, a service agreement (may be called differently) is a mandatory document.

Moreover, if a realtor or agency offers to cooperate without concluding an agreement, this is a bad sign. Most likely, these are scammers who actually have no intention of doing anything. They will take an advance from the client for the service and, at best, will imitate vigorous activity. At worst, they will stop responding to calls altogether.

Please note that the services of an agency or realtor are paid. On average, this will cost the client approximately 5% of the cost of housing. At the same time, you need to take into account the specifics of a realtor’s work. A significant part of them take money not from the buyer, but from the seller, since it is he who is the recipient of a substantial amount and is more likely than the buyer to agree to pay for the company’s services.

Form of agreement for the provision of real estate services

AGREEMENT for the provision of real estate services No.

SUBJECT OF THE AGREEMENT

1.2. The Customer makes the following initial requirements for the Object:

• Location: ;
• Profile: ;
• Square: ;
• Price: (per square meter per year);
• Floor: ;
• Parking: ;
• Number of telephones: ;
• Type of contract: .

THE CONTRACTOR IS RESPONSIBLE

THE CUSTOMER IS RESPONSIBLE

PROCEDURE FOR ACCEPTANCE AND SUBMISSION OF WORK

PAYMENT FOR CONTRACTOR SERVICES

ADDITIONAL TERMS

ENTRY INTO FORCE AND DURATION OF THE AGREEMENT

Agreement for the provision of real estate services for the sale of real estate

[enter as required] [date, month, year]

[Name of organization], represented by [position of manager, F.I.

O.], acting on the basis of [fill in as necessary], hereinafter referred to as the “Agency”, on the one hand, and [F. AND.

O. and passport data for individuals/full name, full name.

and the position of the manager, a document confirming his powers and information on state registration for legal entities], hereinafter referred to as the “Customer”, and together referred to as the “Parties”, have entered into this agreement as follows:

1.1. Under this agreement, the Agency undertakes, on the instructions of the Customer, to provide the full range of services for the sale of a real estate property - [enter the required object] (hereinafter referred to as the Real Estate Property), owned by the Customer, located at the address: [enter the required one], and the Customer undertakes to promptly pay for the services provided services, in accordance with the Agreement on the cost of services provided.

2. Rights and Obligations of the parties

2.1. The customer is obliged:

— upon concluding this agreement, transfer to the Agency for safekeeping for the duration of the agreement the original title documents for the Property;

— provide complete and reliable information about the Real Estate, about persons having the right of ownership and use of the Real Estate, registered both permanently and temporarily, about the availability of documents identifying the owners and persons registered at the Real Estate;

Expert opinion

Zakharov Stanislav Vasilievich

Legal consultant with 7 years of experience. Specializes in family law. Has experience in defense in court.

- ensure that documents proving his identity and the identity of other persons participating in the transaction are valid at the time of its completion;

— provide the Agency with certificates, consents, statements, permits necessary for the proper fulfillment of obligations under this agreement;

— generate and provide the Agency with a package of documents necessary to complete the alienation transaction within [meaning] days before the transaction;

— take measures to eliminate inconsistencies identified by the Agency in the provided documents;

— provide the Agency with assistance in fulfilling its obligations under the contract by participating in actions that require its personal participation;

— not to take any action to sell the Property either personally or through intermediaries other than the Agency;

— at the time of the transaction, guarantee the fulfillment of the following conditions: The property is not encumbered with a lease, pledge, is not alienated, is not in dispute, is not under arrest or prohibition, its disposal is not limited in any way;

— pay off debts on utility, maintenance and other payments for the Property and submit supporting documents to the Agency;

— appear at the appointed time and place with an identification document to complete a transaction for the alienation of the Property;

— ensure the attendance of all persons participating in the transaction on the part of the Customer;

— ensure the deregistration of all registered citizens;

— ensure the actual release of the Property and its transfer to the new owner according to the transfer and acceptance certificate within the terms agreed upon by the contract;

— after signing the contract for the purchase and sale of the real estate object, pay in full for the Agency’s services within the terms established by the contract;

— pay for the Agency’s services in the event of impossibility of fulfilling this agreement due to the fault of the Customer, in the amount determined by the agreement;

- perform other duties provided for in this agreement.

2.2. The customer has the right:

— make claims against the Agency in accordance with the deadlines provided for by the current legislation of the Russian Federation;

— request from the Agency any documentation and information related to the subject of the contract;

— refuse to fulfill this agreement subject to payment to the Agency of the expenses actually incurred by it;

2.3. The agency is obliged:

— conduct a market analysis, namely the state of demand and supply for similar real estate;

— conduct a search for the Buyer using a computer database, its own file cabinet, printed media and an electronic database on the Internet;

— advertise the offer of the Property for sale;

— check the documents submitted by the Customer for the Property for compliance with legal requirements, in case of any discrepancies, immediately notify the Customer about it;

— ensure the safety of documents transferred by the Customer to the Agency;

— in the event of the Customer’s refusal to fulfill this agreement, return all received documents after signing the agreement to terminate the agreement;

— conduct negotiations in the interests of the Customer with potential Buyers and perform other actions related to organizing a transaction for the alienation of the Object;

— provide information services to the Customer regarding the sale of the Property;

— organize viewing of the Property by potential Buyers, having previously agreed on the viewing time with the Customer;

— acting in the interests of the Customer, find a Buyer for the Object, accept from him [advance payment, deposit, etc.];

Expert opinion

Zakharov Stanislav Vasilievich

Legal consultant with 7 years of experience. Specializes in family law. Has experience in defense in court.

— inform the Customer about the progress of the task, as well as about the actions taken in the interests of the Customer in order to fulfill this agreement;

— assist in the formation by the Customer of a package of documents necessary for the alienation of the Real Estate;

— draw up a preliminary purchase and sale agreement, purchase and sale agreement, other civil contracts and documents by mutual agreement of the Customer and the Buyer;

— organize a transaction for the alienation of the Real Estate and submit documents for state registration of the transfer of ownership of the Real Estate;

2.4. The Agency has the right:

— involve third parties in the provision of services and pay for their services independently;

— if necessary, require the Customer to make an advance payment for the services provided;

— refuse to fulfill obligations under this agreement, subject to full compensation for losses to the Customer;

3. Cost and payment procedure for services provided

3.1. The cost of the Agency's services is [value]% of [enter as required].

3.2. The final cost calculation is made in the Agreement on the cost of services provided to this agreement.

3.3. Payment is made in a lump sum on the basis of the Certificate of Services Rendered and the Agreement on the Cost of Services Rendered by [enter as necessary].

3.4. The Customer makes payment within [specify the period] after the Agency provides the Certificate of Services Rendered and the Agreement on the Cost of Services Rendered.

3.5. If the Customer fails to sign the Certificate of Services Rendered and fails to submit objections to the certificate within [value] days, the services are considered completed in full.

4. Responsibility of the Parties

4.1. For failure to fulfill or improper fulfillment of their obligations under this agreement, the Parties are liable in accordance with the current legislation of the Russian Federation.

4.2. For late payment for services rendered, the Customer shall pay the Agency a penalty in the amount of [value]% of the untimely paid amount for each day of delay upon the written request of the Agency.

4.3. If it is impossible to fulfill this agreement due to the fault of the Customer, pay for the Agency’s services in the amount of [enter as required].

4.4. The parties are released from liability for complete or partial failure to fulfill obligations if this failure was the result of force majeure reasons that arose after the conclusion of this agreement as a result of extraordinary circumstances that the parties could neither foresee nor prevent by available means.

Expert opinion

Zakharov Stanislav Vasilievich

Legal consultant with 7 years of experience. Specializes in family law. Has experience in defense in court.

4.5. The parties are obliged to notify each other of the occurrence of force majeure circumstances within three working days from the moment of their occurrence and to determine through negotiations possible ways to overcome the circumstances that have arisen.

4.6. The customer is responsible for the completeness and accuracy of documents and information on the Real Estate, which are presented in accordance with this agreement.

4.7. The Agency is responsible for the safety of documents transferred by the Customer, and in case of loss, restores them at its own expense.

5. Dispute resolution procedure

5.1. If disputes arise regarding the implementation of this agreement, the Parties will take all measures to resolve them through negotiations. If it is impossible to reach agreements, all disputes are subject to consideration in court and are resolved in accordance with the current legislation of the Russian Federation.

6.1. The contract is valid for [fill in as appropriate].

6.2. The validity of this agreement is automatically extended for the period necessary for the proper fulfillment of the obligations of the Parties in the event that the Agency has selected a Buyer for the Property and received [advance payment, deposit, etc.].

6.3. The Agreement is automatically extended for the same period if it expires and neither Party declares its termination due to expiration.

6.4. All changes and additions to this agreement are valid provided that they are made in writing and signed by authorized representatives of the Parties to the agreement.

6.5. This agreement is drawn up in two copies having equal legal force, one copy for each of the Parties.

6.6. In everything that is not reflected in the agreement, the Parties will be guided by the current legislation of the Russian Federation.

AGREEMENT N _____ on the provision of real estate services ____________ ____

________________, hereinafter referred to as the "Customer", represented by ___________, acting___ on the basis of _____________, on the one hand, and ______________, hereinafter referred to as the "Contractor", represented by _______________, acting___ on the basis of __________, on the other hand, collectively referred to as the "Parties" , have entered into this Agreement as follows:

SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes, on the instructions of the Customer, to provide the services specified in clause 1.2 of this Agreement, and the Customer undertakes to pay for these services.

1.2. The Contractor undertakes to provide the following services:

1.2.1. Carry out a set of measures for ____________________ real estate, consisting of ____________________ (indicate the characteristics of the property: type of premises, intended purpose, total area, etc.), located at the address: _______________________, hereinafter referred to as “property”, owned by the Customer by right ____________ ( indicate the basis for the emergence of the right to the property, the number and date of the lease agreement, etc.), for the purpose of ______________________.

RIGHTS AND OBLIGATIONS OF THE PARTIES

2.1. The performer is obliged:

2.1.1. Provide services in full within the period specified in clause 6.1 of this Agreement.

2.1.2. Organize all activities on issues related to the implementation of this Agreement, including __________________.

2.1.3. Prepare the documents necessary for the execution of this Agreement.

2.1.4. Organize the timeliness of secure mutual settlements between _________ and ensure their confidentiality.

2.2. The performer has the right:

2.2.1. In order to fulfill this Agreement, involve third parties in the fulfillment of obligations.

2.2.2. Refuse to execute this Agreement in the manner and in compliance with the conditions established in Section 5 of this Agreement.

The Contractor has the right to refuse to fulfill obligations under the Agreement only if the Customer is fully compensated for losses.

2.3. The customer is obliged:

2.3.1. At the time of signing this Agreement, provide the Contractor with properly executed documents (originals or certified copies), namely:

2.3.2. Upon completion of the activities provided for in Section 1 of this Agreement, sign the Certificate of Provision of Services and pay for the Contractor’s services in the manner, amount and terms established in Section 3 of this Agreement.

2.3.3. Maintain the confidentiality of information received from the Contractor under the terms of this Agreement and do not disclose this information to third parties.

2.3.4. Grant the Contractor the authority to carry out actions in the interests of the Customer, including negotiating and concluding agreements that do not contradict the terms of this Agreement, necessary to fulfill the Contractor’s obligations under this Agreement.

2.4. The customer has the right:

2.4.1. If necessary, check the progress and quality of services provided by the Contractor without interfering with its activities.

2.4.2. Refuse to execute this Agreement in whole or in part until _____________ in the manner and in compliance with the conditions established by Section 5 of this Agreement.

The Customer has the right to refuse to fulfill the Agreement subject to payment to the Contractor of the actual expenses incurred by him.

CONTRACT PRICE AND PAYMENT PROCEDURE

3.1. The price under this Agreement is _____ (____________) ___.

3.2. Payment by the Customer to the Contractor for the cost of services is carried out by transferring funds to the current account or in cash to the Contractor's cash desk within _____ banking days from the date of ____________.

3.3. In case of impossibility of performance due to the fault of the Customer, services are subject to payment in full.

3.4. In the event that the impossibility of performance arose due to circumstances for which neither of the Parties is responsible, the Customer shall reimburse the Contractor for the actual expenses incurred.

RESPONSIBILITY OF THE PARTIES

4.1. The property and other liability of the Parties is determined by this Agreement and the current legislation of the Russian Federation.

Expert opinion

Zakharov Stanislav Vasilievich

Legal consultant with 7 years of experience. Specializes in family law. Has experience in defense in court.

4.2. For violation of the payment deadline provided for in clause 3.2 of this Agreement, the Customer shall pay the Contractor a penalty in the amount of _____ of the overdue amount for each day of delay.

4.3. Payment of penalties does not relieve the Customer from fulfilling its obligations or eliminating violations under this Agreement.

PROCEDURE AND CONDITIONS FOR TERMINATION OF THE AGREEMENT

5.1. This Agreement may be terminated by mutual agreement of the Parties, subject to written notification by the interested Party to the opposing Party ____ business days before the expected date of termination of the Agreement.

5.2. The parties have the right to refuse to fulfill this Agreement in whole or in part unilaterally until _________. The Interested Party is obliged to notify the opposing Party of the refusal to perform the Agreement in writing with notification no later than ____ business days before the expected date of termination.

5.3. The procedure and terms of settlements upon termination and refusal to perform this Agreement are established by an additional agreement of the Parties, but in any case, the Customer is obliged to pay for the services actually rendered to him at the time of termination of the Agreement and the actual costs incurred by the Contractor before receiving the corresponding notice of refusal.

CONTRACT TIME

6.1. This Agreement comes into force after it is signed by the Parties and is valid until the Parties fully fulfill their obligations under it or until it is terminated on other grounds provided for by this Agreement and/or the current legislation of the Russian Federation.

6.2. In the event of termination of this Agreement, its provisions remain in force for obligations arising on its basis and not fulfilled by the Parties during the period of its validity.

SETTLEMENT OF DISPUTES

7.1. Disputes and disagreements that may arise during the execution of this Agreement will, if possible, be resolved through negotiations between the Parties.

7.2. If it is impossible to resolve disagreements through negotiations, the dispute is subject to consideration in court.

OTHER CONDITIONS

8.1. Any changes and additions to this Agreement are valid only if they are made in writing and signed by authorized representatives of the Parties.

8.2. This Agreement is drawn up and signed in two copies in Russian, having equal legal force, one copy for each Party.

8.3. An integral part of this Agreement are:

8.3.1. ____________________________________ (copies of title documents for property).

Kinds

Agreements are concluded between two parties - the contractor (real estate agency) and the customer (agency client).

The object of a real estate transaction is a land plot, apartment, house, cottage, office space , etc.

The subjects of the transaction are its participants, who can be both individuals and legal entities . We discussed the specifics of an agreement for the provision of services with individuals here, and here you will learn how to correctly conclude such an agreement with a legal entity.

Depending on what goals the real estate agency client pursues, there are 2 main types of contracts :

1. Contracts for the purchase and sale of real estate . This is the most common way to complete a real estate transaction. This form of agreement is used when the client intends to sell an object he owns, or purchase a new property. The subjects of the transaction are the buyer and the seller .
2. Lease agreements . This type of transaction is concluded when searching for a property for a potential tenant, or when searching for tenants for the property owner. In lease agreements, the parties to the transaction are the tenant and the lessor .

An exclusive contract is an agreement for the provision of real estate services, under which an agency or a private realtor are the only performers ; the client cannot contact other performers during the validity period of the contract.

Sample contract for the provision of real estate services.

Sales and purchases

This agreement is compensated and mutual . As a result of the transaction, the buyer acquires a property that meets his requirements, and the seller receives a certain amount of money for the property sold.

An agreement concluded with a client wishing to purchase new real estate or sell his own implies the provision of the following services by the real estate agency:

1. Search for the buyer of an object that meets his stated requirements (cost, area, location, floor, quality of repair, etc.).
2. Search for the seller of potential buyers of his property.
3. Constant monitoring of the real estate market in order to discover suitable options.
4. Consulting clients regarding the situation in the real estate market.
5. Notification about selected suitable options.
6. Coordination of time and place for buyers to inspect selected objects.
7. Coordinating the time for potential buyers to visit the seller’s property, accompanied by a realtor.
8. Checking title documents of real estate.
9. Collection and verification of all documents necessary to conclude a transaction between the agency’s client and the second party to the transaction.
10. Clarification of all data relating to the property (for example, the presence of registered minor children, etc.).
11. Maintaining confidentiality .

The client, in turn, must appear for inspection or provide the opportunity to inspect objects by prior agreement, provide reliable information and all required documents , pay an advance on the basis of a concluded preliminary agreement (for buyers), etc.

Exclusive agreement for the provision of real estate services - sample.

Sample contract for the provision of services for the purchase of an apartment.

Rentals

A rental agreement, which is concluded with a client who wants to rent someone else’s property or rent out his own , implies the provision of the following services by the real estate agency:

1. Search for a tenant for an object that meets his stated requirements (price, area, location, etc.).
2. Search for the landlord of potential tenants of his property.
3. Constant monitoring of the real estate market.
4. Consulting clients regarding the situation in the real estate market.
5. Notification about selected suitable options.
6. Coordination of the time and place of inspection by the tenant of the selected objects.
7. Coordinating the time for potential tenants to visit the landlord's property, accompanied by a realtor.
8. Checking title documents of real estate.
9. Collection and verification of all documents.
10. Maintaining the confidentiality of received information.

Tenants and landlords undertake to appear for inspection or provide the opportunity to inspect objects by prior agreement, provide reliable information and all required documents , and pay rent on time.

Sample agreement for the provision of real estate services for the rental of real estate.

Sample agreement for the provision of services to attract tenants to a property.