SOLE SELLING RIGHTS AGREEMENT

An exclusive appointment of one agent to sell a property, for a fixed period

Executed at __________ on __________.

Parties

Background

A. The Owner owns the property at __________, in __________: __________ ("the Property").

B. The Owner wishes to sell the Property and to give the Agent the exclusive right to market it for a fixed period, in return for the Agent's commitment to market it actively and to report to the Owner regularly.

1. The exclusive appointment

1.3 During the Exclusive Period the Owner will not appoint any other agent, list the Property with anyone acting as an agent, or accept an introduction from another agent. The Owner will pass every enquiry about the Property to the Agent within 2 working days of receiving it.

1.4 The Agent has no authority to sign any agreement, receipt or deed for the Owner, or to accept money on the Owner's behalf, unless the Owner gives that authority separately and in writing.

2. What the Agent must do to keep the exclusive right

2.2 Carry out, at the Agent's own cost, the marketing described here:

2.4 Pass every offer to the Owner promptly and in writing, whatever its amount.

2.5 Tell the Owner in writing if the Agent, a relative or an associate has any interest in a prospective buyer, and not act in that sale without the Owner's written consent.

2.6 Where the Property is an apartment, plot or building in a project registered with a Real Estate Regulatory Authority, not deal in it unless the Agent is itself registered as a real estate agent.

3. Commission

3.3 Under sole selling rights, commission is earned on any sale agreed during the Exclusive Period, even where the Owner found the buyer. Under sole agency, it is earned only on a sale to a buyer introduced by the Agent, or by another agent the Owner engaged in breach of clause 1.3.

3.4 The commission is the Agent's agreed remuneration for the exclusive right and the marketing it has committed to. It is not a penalty.

4. Ending the exclusive right early

4.2 Either party may end this agreement for a material breach by the other that is not put right within 15 days of a written notice describing it.

4.3 When the Exclusive Period ends for any reason, the Agent will withdraw every advertisement and signboard for the Property within 7 days, and the Owner is free to appoint any agent.

5. After the Exclusive Period

5.1 Within 7 days after the Exclusive Period ends, the Agent will give the Owner a written list of every prospective buyer it introduced, with the date each one viewed the Property.

5.3 The Owner will give a copy of the list to any agent appointed afterwards, so that no buyer on it is introduced twice.

6. Money and accounts

6.1 The Agent will not receive a token, advance or deposit for the Property unless the Owner has authorised it in writing, and will pass any money received for the Owner to the Owner within 2 working days, with a receipt.

6.2 The Agent will account to the Owner for its dealings under this agreement whenever the Owner asks.

General

7.1 This agreement is governed by the law in force in __________, and only the courts having jurisdiction where the Property is situated may decide a dispute about it.

7.2 Nothing in this agreement transfers or creates any interest in the Property.

7.3 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 exclusive appointment of the Agent, its reports and the commission that follows. The Owner and the Agent each keep a copy of this record. It may be shown only to the parties, a buyer the Agent introduces, and the advocate or bank involved in the sale, 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; anything of that kind the sale itself needs is collected in the document that requires it.

Signatures

Witnesses

Witness 1
Signature: ________________________
Name: ________________________
Address: ________________________

Witness 2
Signature: ________________________
Name: ________________________
Address: ________________________