EXCLUSIVE SELLING MANDATE Draft
I / We, the undersigned, ………………………….. (in this contract referred to as the ‘Seller’) promising to be the sole owner of ……………………………….(in this contract referred to as the ‘Property’) do hereby grant BrokersADDA ( in this contract referred to as the ‘AGENCY’ ) an exclusive sole mandate to facilitate the sale of the Property upon the following terms and conditions :
- The mandate will be valid from XXXXXXX to XXXXXX ( 6 months ). The Property will be offered for sale at Rs _______________________or as may be changed by verbal agreement with the Seller from time to time (in this contract referred to as the ‘Mandate Price’) or such other price as may be offered by a Purchaser and be accepted by the Seller (in this contract referred to as the ‘Sale Price’).
- Commission at the rate of 3% plus taxes ( of the complete transaction amount ), thereon shall be payable by the Seller in the following circumstances and be calculated:
- Commission will be payable even if the person to whom the Property is sold was not introduced to the Property or the Seller by AGENCY and even if the Seller himself found the Purchaser ( within mandate period ).
- On the Sale Price should the Seller within a period of 3 months from the end of the mandate period sell the Property to any Purchaser who was introduced to the Property or the Seller by the AGENCY during the period of this mandate regardless of whether such introduction was the effective cause of the sale and shall be payable in full to the AGENCY who actually made the introduction.
- Commission will be paid within 24 hours of getting full and final payment from the purchaser.
- The payable commission will be divided equally, with 50% allocated to the AGENCY and 50% to Mr. [Partner Broker's Name], who is AGENCY's partner for this specific deal.
- Promises AGENCY: The AGENCY shall make all reasonable effort to market and to perform the mandate and shall amongst other things:
- Subject to any regulations or Municipal by laws, erect a ‘For Sale’ boards/stickers/poster on the Property, at their cost.
- Advertise the Property for sale in accordance with their standard advertising policy.
- Conduct a show property (by agreement between the parties) in accordance with their show house policy.
- List the Property on their website and all the associated portals.
- Comprehensively market the Property as more fully described in the Marketing Plan (if any) and if not then to do so in accordance with their standard marketing policy.
- Special disclosures and confirmations by Seller:
- Fixtures & Fittings (things permanently attached to the Property or forming part of things which are permanently attached to the Property) which the Seller will not be including in the sale.
- Defects in the Property (whether hidden or obvious) known to the Seller.
- Details of any urban planning changes or permissions relating to other properties in the vicinity of the Property (in other words changes to the use rights of properties in the area or other developments intended for the area) which might be known to the Seller.
- That the total debt associated with the Property (example – municipality, bond, body corporate and/or homeowners association) does not exceed the difference between the Mandate Price and the AGENCY commission properly calculated thereon. By way of clarification it is explained that the Seller should not enter into this mandate agreement if the sale of the Property will not generate enough available money to pay the commission due to the AGENCY.
- That the Property IS NOT / IS part of a complex governed by a homeowners association and that if it is, there is no reason why the homeowners association should not consent to the sale of the Property.
- That the Seller is not aware of any constructions/buildings on the Property which have been erected without a duly approved building plan or otherwise in contravention of any building laws.
SIGNED at Gurgaon this XXXXXXXXXXX.
( AGENCY ) ( PARTNER BROKER ) ( SELLER )