local agency agreement

6
Corporate headquarter United Arab Emirates Postal Address P.O.Box:4373, Ras Al Khaimah United Arab Emirates. t :+971 (7) 222 0 222 f : +971 (7) 222 0 111 e : [email protected] w : www.uniestate.net Sales Agency Agreement Sales Agency Agreement Sales Agency Agreement Sales Agency Agreement PARTIES: PARTIES: PARTIES: PARTIES: 1 UNIESTATE (The “Principal”) a company incorporated in Ras Al Khaimah whose registered office is at P.O.Box 4373, 2nd Floor, Time Travel Building, Oman Street, Ras Al Khaimah, United Arab Emirates. 2 _______________________(The “Sales Agent”) address as ______________________________, MOB: ________________, Tel: _____________________, Fax:____________________, hereinafter referred to as “The Freelance Sales Agent”, who is interested in sales of Properties of the Principal, represented by ______________ National with ID / Passport Number: _________________. RECITALS: RECITALS: RECITALS: RECITALS: A. The Principal represents the owners and / or developers of apartments being constructed for sale in The United Arab Emirates and any other locales advised by the Principal to the Agent from time to time (the “Properties”) and wishes to appoint the Agent to market the Properties to potential customers in The United Arab Emirates and if appropriate through their network of offices and agents (the “Territory”). B. The Agent has extensive marketing experience in the Territory, and is willing to act as marketing agent for the Principal in the Territory. The Principal and the Agent (together the “Parties”) have agreed the following terms in relation to such matters. OPERATIVE PROVISIONS OPERATIVE PROVISIONS OPERATIVE PROVISIONS OPERATIVE PROVISIONS 1. INTERPRETATION: INTERPRETATION: INTERPRETATION: INTERPRETATION: 1.1 Definitions In this agreement the following words and expressions shall have the meanings specified unless the context requires otherwise: 1.1.1 “Net Sale Value” “Net Sale Value” “Net Sale Value” “Net Sale Value” means the price, excluding any stamp duty or tax, charged to the customer for the purchase of Property/Properties from the Principal or its principals. 1.1.2 “Services” “Services” “Services” “Services” means the sale of Property/Properties by the Principal or its principals. 1.1.3 “In Writing” “In Writing” “In Writing” “In Writing” includes cable, facsimile, e-mail or any other comparable method of communication.

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Local agency agreement for sale of real estate properties

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Page 1: Local Agency Agreement

Corporate headquarter

United Arab Emirates

Postal Address

P.O.Box:4373, Ras Al Khaimah

United Arab Emirates.

t :+971 (7) 222 0 222

f : +971 (7) 222 0 111

e : [email protected]

w : www.uniestate.net

Sales Agency AgreementSales Agency AgreementSales Agency AgreementSales Agency Agreement

PARTIES:PARTIES:PARTIES:PARTIES:

1 UNIESTATE (The “Principal”) a company incorporated in Ras Al Khaimah whose

registered office is at P.O.Box 4373, 2nd Floor, Time Travel Building, Oman Street, Ras Al

Khaimah, United Arab Emirates.

2 _______________________(The “Sales Agent”) address as

______________________________, MOB: ________________, Tel:

_____________________, Fax:____________________, hereinafter referred to as “The

Freelance Sales Agent”, who is interested in sales of Properties of the Principal,

represented by ______________ National with ID / Passport Number:

_________________.

RECITALS:RECITALS:RECITALS:RECITALS:

A. The Principal represents the owners and / or developers of apartments being

constructed for sale in The United Arab Emirates and any other locales advised by the

Principal to the Agent from time to time (the “Properties”) and wishes to appoint the

Agent to market the Properties to potential customers in The United Arab Emirates and

if appropriate through their network of offices and agents (the “Territory”).

B. The Agent has extensive marketing experience in the Territory, and is willing to act as

marketing agent for the Principal in the Territory.

The Principal and the Agent (together the “Parties”) have agreed the following terms in relation to

such matters.

OPERATIVE PROVISIONSOPERATIVE PROVISIONSOPERATIVE PROVISIONSOPERATIVE PROVISIONS

1111.... INTERPRETATION:INTERPRETATION:INTERPRETATION:INTERPRETATION:

1.1 Definitions

In this agreement the following words and expressions shall have the meanings specified

unless the context requires otherwise:

1.1.1 “Net Sale Value”“Net Sale Value”“Net Sale Value”“Net Sale Value” means the price, excluding any stamp duty or tax, charged to the

customer for the purchase of Property/Properties from the Principal or its principals.

1.1.2 “Services”“Services”“Services”“Services” means the sale of Property/Properties by the Principal or its principals.

1.1.3 “In Writing”“In Writing”“In Writing”“In Writing” includes cable, facsimile, e-mail or any other comparable method of

communication.

Page 2: Local Agency Agreement

Corporate headquarter

United Arab Emirates

Postal Address

P.O.Box:4373, Ras Al Khaimah

United Arab Emirates.

t :+971 (7) 222 0 222

f : +971 (7) 222 0 111

e : [email protected]

w : www.uniestate.net

2222.... THE AGENT’S DUTIES:THE AGENT’S DUTIES:THE AGENT’S DUTIES:THE AGENT’S DUTIES:

2.1 The Agent shall use all reasonable endeavours to promote and market the Principal and its

Services by introducing customers to the Principal.

2.2 The Agent shall conduct the promotion and marketing of the Services with all due care and

diligence; cultivate good relations with customers in accordance with sound commercial

principals.

2.3 The Agent shall cause the marketing and promotional materials provided by The Principal to

be reasonably prominently displayed at all times at the Agents place or places of business

for the duration of this agreement. Removal or non-display of these materials shall be

deemed to be a terminable breach of The Agent’s obligations under this Agreement.

2.4 The Agent has elected to promote and the Principal has authorised the Agent to promote its

Services in accordance with the Agency Programme nominated in Addendum 1.

2.5 THE AGENT SHALL NOT:

2.5.1 Pledge the credit of the Principal in any way.

2.5.2 Use any advertising, logos, promotional or selling material in relation to the Services

except those supplied, or approved by, the Principal.

2.5.3 Engage in any conduct which is sufficiently negative to be generally prejudicial to the

Principal’s business or Services.

3333.... THE PRINCIPAL’S DUTIES:THE PRINCIPAL’S DUTIES:THE PRINCIPAL’S DUTIES:THE PRINCIPAL’S DUTIES:

3.1 The Principal shall, provide the Agent with access to a secure website where the Agent will

find support information and materials that it may use in relation to their promotion and

marketing of the Services.

3.2 The Principal shall notify the Agent upon the customer entering into a binding agreement to

purchase Property/Properties, confirming Net Sales Value and deposits received.

3.3 In consideration of the Agent complying with the terms of the Agency Programme

nominated, The Principal shall pay to the Agent Commission based upon the Net Sales Value

of all Properties sold to customers introduced by the Agent. Commission’s will be paid in

accordance with Addendum 1 and payment is subject to receipt by the Principal of the

appropriate duly and fully executed documentation along with cleared funds from the

customer in respect of the full amount payable for the Property detailed in Addendum 2 (as

amended by the Principal from time to time) or receipt of any commissions due to the

Principal as appropriate for Property purchased. Upon receipt of a valid Commission invoice

from the Agent the Principal shall make payment of monies due by bank transfer to the

Agents nominated bank account.

3.4 Commissions due will be paid to the Agents nominated bank account within 10 days of

month end in which the full deposit payment was received.

Page 3: Local Agency Agreement

Corporate headquarter

United Arab Emirates

Postal Address

P.O.Box:4373, Ras Al Khaimah

United Arab Emirates.

t :+971 (7) 222 0 222

f : +971 (7) 222 0 111

e : [email protected]

w : www.uniestate.net

4444.... CANCELLATION BY THE CUSTOMER:CANCELLATION BY THE CUSTOMER:CANCELLATION BY THE CUSTOMER:CANCELLATION BY THE CUSTOMER:

4.1 In the event of a cancellation by a customer of their agreement to purchase a Property or

Properties on the basis of misrepresentation by the Agent then the Commission paid in

relation to such purchase shall be debited in full. UniEstate will as appropriate invoice the

Agent for any amounts due within 30 days of receipt of written cancellation from the

customer.

4.2 The customer has the right to assign purchase rights to a nominated third party and, in the

event of the third party agreeing to purchase a similar property to the customer’s proposed

purchase, commission arrangements will be protected.

5555.... DURATION AND TERMINATION:DURATION AND TERMINATION:DURATION AND TERMINATION:DURATION AND TERMINATION:

5.1 This Agreement is effective from the date overleaf and continues in force until terminated

by either party giving to the other at least 14 days written notice.

5.2 The Principal shall be allowed to terminate this agreement forthwith in the event of the

Agent being in breach of its duties or obligations or misrepresenting the Principal and / or its

Services.

5.3 This agreement is subject to review every 3 months.

6666.... CONSEQUENCE OF TERMINATION:CONSEQUENCE OF TERMINATION:CONSEQUENCE OF TERMINATION:CONSEQUENCE OF TERMINATION:

6.1 Upon the termination of this agreement for any reason:

6.1.1 The Agent shall cease to promote, market, advertise or solicit customers for the

Principal and cease the use of in any way all advertising and promotional material

relating to the Principal and Services.

6.1.2 The Agent shall, within 30 days of termination notice being issued, return to the

Principal or otherwise dispose of in accordance with directions from the Principal, all

advertising and promotional material relating to the Principal and Services.

6.1.3 The Agent shall have no claim or recourse against the Principal for compensation,

loss of agency rights, loss of goodwill or any similar loss other than unpaid fees and

Commissions.

6.1.4 Subject as otherwise provided in this agreement and to any rights or obligations

which have accrued prior to termination, neither party shall have any further

obligation to the other under this agreement.

7777.... NATURE OF AGREEMENT:NATURE OF AGREEMENT:NATURE OF AGREEMENT:NATURE OF AGREEMENT:

7.1 Neither party may assign this agreement and the rights or obligations under it.

7.2 Nothing in this agreement shall create, or be deemed to create, a partnership or the

relationship of employer and employee between the parties.

Page 4: Local Agency Agreement

Corporate headquarter

United Arab Emirates

Postal Address

P.O.Box:4373, Ras Al Khaimah

United Arab Emirates.

t :+971 (7) 222 0 222

f : +971 (7) 222 0 111

e : [email protected]

w : www.uniestate.net

7.3 Each party acknowledges that, in entering into this agreement, it does not do so on the basis

of, and does not rely upon, any representation, warranty or other provision except as

expressly provided in this agreement, and all conditions, warranties or other terms implied

by statute or common law are by this agreement excluded to the fullest extent permitted by

law.

8888.... PROPER LAW:PROPER LAW:PROPER LAW:PROPER LAW:

8.1 This agreement shall be governed by construed in all aspects in accordance with the Laws of

Ras-Al-Khaimah and each party hereby submits to the non-exclusive jurisdiction of the RAK

Courts.

9999.... NOTICES AND SERVICE:NOTICES AND SERVICE:NOTICES AND SERVICE:NOTICES AND SERVICE:

9.1 Any notice or other information required or authorised by this agreement to be given by

either party to the other may be given by hand or sent to the other party by post, cable,

facsimile, email or comparable means of communication, at the address stated overleaf as

their registered office.

Signed ..................................................

For and on behalf of UniEstateUniEstateUniEstateUniEstate

Signed ..................................................

For and on behalf of …………………….

Dated …………………………………

Page 5: Local Agency Agreement

Corporate headquarter

United Arab Emirates

Postal Address

P.O.Box:4373, Ras Al Khaimah

United Arab Emirates.

t :+971 (7) 222 0 222

f : +971 (7) 222 0 111

e : [email protected]

w : www.uniestate.net

Sales Agency AgreementSales Agency AgreementSales Agency AgreementSales Agency Agreement

ADDENDUM 1ADDENDUM 1ADDENDUM 1ADDENDUM 1

UniEstate markets Properties and wishes to extend its Services by authorising Agents to promote its

Services within UAE. The Agent agrees to promote the Services UniEstate subject to the terms of

the Agency Agreement including this Addendum.

The undersigned Agent agrees to promote the Services of UniEstate on the following basis:

“Front to Back” Sale“Front to Back” Sale“Front to Back” Sale“Front to Back” Sale CommissionCommissionCommissionCommission %%%%

Signed ..................................................

For and on behalf of UniEstateUniEstateUniEstateUniEstate

Signed ..................................................

For and on behalf of …………………….

Dated …………………………………

4

Page 6: Local Agency Agreement

Corporate headquarter

United Arab Emirates

Postal Address

P.O.Box:4373, Ras Al Khaimah

United Arab Emirates.

t :+971 (7) 222 0 222

f : +971 (7) 222 0 111

e : [email protected]

w : www.uniestate.net

Sales Agency AgreementSales Agency AgreementSales Agency AgreementSales Agency Agreement

ADDENDUM 2ADDENDUM 2ADDENDUM 2ADDENDUM 2

UniEstate markets Properties and wishes to extend its Services by authorising Agents to promote its

Services within UAE. The Agent agrees to promote the Services UniEstate subject to the terms of

the Agency Agreement including this Addendum.

Commissions are paid to the Agent in the manner set out below and in accordance with the terms

of the Agency Agreement, subject to receipt by the Principal of the appropriate duly and fully

executed documentation along with cleared funds from the customer in respect of the full amounts

then payable for the Property purchased.

The Sales Agent will be paid commission on the value of the property sold, upon close of sales. Close The Sales Agent will be paid commission on the value of the property sold, upon close of sales. Close The Sales Agent will be paid commission on the value of the property sold, upon close of sales. Close The Sales Agent will be paid commission on the value of the property sold, upon close of sales. Close

of sale is deemed as completed, when the Developer have received the 10% from the buyer, as per of sale is deemed as completed, when the Developer have received the 10% from the buyer, as per of sale is deemed as completed, when the Developer have received the 10% from the buyer, as per of sale is deemed as completed, when the Developer have received the 10% from the buyer, as per

the the the the terms agreed for sale.terms agreed for sale.terms agreed for sale.terms agreed for sale.

Signed ..................................................

For and on behalf of UniEstateUniEstateUniEstateUniEstate

Signed ..................................................

For and on behalf of …………………….

Dated …………………………………