BUYER REPRESENTATION AGREEMENT

The appointment of a property agent to act for a buyer

Executed at __________ on __________.

Parties

Background

A. The Buyer wishes to buy a property in __________ and has asked the Agent to find one and to act for the Buyer in buying it.

B. The Agent accepts that, in doing so, it acts for the Buyer and not for any seller.

1. The brief

2. The Agent acts for the Buyer

2.1 The Agent will act in the Buyer's interest in finding, assessing and negotiating for a property, and will try to obtain it on the best terms available.

2.2 The Agent will not tell any seller, developer or seller's agent the Buyer's maximum budget, the Buyer's reasons for buying, or anything else about the Buyer's position that could weaken it in negotiation, without the Buyer's consent.

2.3 The Agent will tell the Buyer everything it knows or learns that bears on a property's value or on whether the Buyer should buy it, including any dispute, tenancy, charge, unauthorised construction or defect.

2.4 The Agent will not buy, or let a relative or associate buy, a property it has found for the Buyer, and will tell the Buyer at once if it has any interest in a property it shows.

3. Payments from anyone else

3.2 Where a property is in a project registered with a Real Estate Regulatory Authority, the Agent will deal in it only if the Agent is itself registered as a real estate agent.

4. The Agent's fee

4.4 The fee is the only payment the Buyer makes to the Agent, and it covers all the Agent's costs.

5. What the Agent's search is not

5.1 The Agent is not the Buyer's advocate, surveyor or valuer. A property the Agent recommends still needs an advocate's title search, an encumbrance search and, where the Buyer is borrowing, the lender's own valuation. The Agent will help the Buyer obtain the documents those checks need, but a recommendation from the Agent is not a statement that the title is good.

6. After the Engagement Period

6.2 Within 7 days after the Engagement Period ends, the Agent will send the Buyer a dated list of the properties it introduced. Only a property on that list counts for clause 6.1.

7. Ending the engagement early

8. General

8.1 This agreement is governed by the law in force in __________, and only the courts having jurisdiction at __________ may decide a dispute about it.

8.2 Nothing in this agreement authorises the Agent to sign anything for the Buyer, to pay any money on the Buyer's behalf, or to commit the Buyer to a purchase.

8.3 A notice under this agreement is given in writing, by hand or by email, to the address given for the other party above.

Personal data

This notice is given under the Digital Personal Data Protection Act, 2023.

The names, addresses, telephone numbers and email addresses in this document are collected for one purpose: the Agent's search for a property for the Buyer and the fee that follows. The Buyer and the Agent each keep a copy of this record. It may be shown only to the parties and, with the Buyer's consent, a seller or developer the Agent is negotiating with, and it will not be used for marketing.

If the engagement does not go ahead, the personal data in this document is kept for 90 days from that decision and then erased. If it goes ahead, this record is kept for the term of the engagement plus 12 months and then erased, unless a law requires a particular record to be kept longer.

This document does not collect any Aadhaar number, PAN, bank-account detail or copy of an identity document; the Buyer's budget is recorded only so that the Agent knows what to look for.

Signatures

Witnesses

Witness 1
Signature: ________________________
Name: ________________________
Address: ________________________

Witness 2
Signature: ________________________
Name: ________________________
Address: ________________________