Agreement for the provision of real estate services 2021. Form and sample

An agreement for the provision of real estate services is an agreement under which one party, on behalf of the other party, carries out activities to find or sell real estate.

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This agreement is a type of transaction for the provision of services for a fee; therefore, when drawing it up, you should be guided by the rules established by Civil Legislation.

Subjects under the agreement can be individuals and legal entities. The parties to the agreement are called the Customer and the Contractor.

Services under the contract mean the Customer’s instructions related to the search for real estate for rent, purchase or sale.

The above mentioned transaction is concluded in simple written form. In this regard, below we will analyze in detail how such a document is drawn up, and what nuances you should pay attention to when preparing it.

Agreement for the provision of real estate services

Kurgan
September 1, 2023

Realtor, represented by General Director Artemov Artem Evgenievich, acting on the basis of a Power of Attorney, hereinafter referred to as the Executor, on the one hand, and Stepanov Nikolay Aleksandrovich, born on November 8, 1991, living at the address: Leningrad region, St. Petersburg, st. Pervomaiskaya, 996, building 7, apartment 481, passport: number 0000 series 000000, issued by the department of the Federal Migration Service of Russia for the Leningrad region in the city of St. Petersburg on November 8, 2011, hereinafter referred to as the Customer, on the other hand, have entered into this agreement as follows:

The preamble states:

type of transaction;
date, month and place of conclusion of the agreement;
names and roles of Counterparties;
series and number of the citizen’s passport.

When concluding any agreement, it is necessary to specify provisions related to the essential terms of the agreement, otherwise the agreement will not come into force. In our situation, these conditions are:

item;
cost and payment procedure for services provided;
obligations of counterparties.

Agreement with a real estate agency for the sale of an apartment

In the primary market, only the sale of claims (but not ownership) of a new building can occur. Apartments with registered ownership are already sold on the secondary market (for types of ownership, see the link in the Glossary).

An agreement with a real estate agency for the sale of an apartment on the “primary” and on the “secondary” market is practically no different, since the range of services here is limited only to advertising the property (searching for a buyer) and preparing documents for the transaction. No verification of the “legal purity” of the apartment is required here. Simply put, the agent’s task is to put the apartment on sale and, when the Buyer takes the bait, to ensure that the transaction is completed and the money is received safely.

Note! Logic dictates that the services of a real estate agency for selling an apartment should cost significantly less than purchasing , since when purchasing, a thorough analysis of the history of the apartment and its owners and users is required (checking that very “legal purity”). However, realtors usually put the same price tag in the contract for both sale and purchase. This is the real estate paradox...

Realtors usually care little about the “legal purity” of the apartment being sold. Firstly, if anything happens, these will be the Buyer’s problems, not their client’s. Secondly, a clause like this is inserted into the Seller’s contract with the real estate agency:

“When concluding this agreement, the Customer provides the Agent with reliable information about the circumstances that are significant for the alienation of the apartment, including the absence of circumstances preventing the conclusion of the transaction for the alienation of the apartment. The customer guarantees that the apartment has no encumbrances, is not under arrest or prohibition, and among the owners of the apartment there are no persons limited or deprived of legal capacity in court.”

As a result, the realtor’s responsibility for possible surprises in the history of the apartment is automatically transferred to its owner. The agent here is only involved in advertising the apartment and organizing the transaction. Otherwise, the realtor's responsibility is based only on the quality of the services listed in the agreement with the agency .

What kind of services are these? And why are they so expensive? (see below for prices).

Here is a typical list of services in an agreement with a real estate agency for the sale of an apartment :

the agent places information about the sale of the apartment in the media (that is, advertises on well-known Internet sites);
the agent takes calls regarding advertisements, conducts apartment showings and negotiations with potential Buyers (that is, tells how wonderful this apartment is and why you should buy it);
the agent accepts an advance or deposit for the apartment (usually in the amount of his commission, providing himself with a guarantee of earnings);
the agent checks the documents for compliance with legal requirements and sufficiency for state registration of rights/transfer of ownership (that is, he accepts the documents collected by him from the owner and puts them on his desk);
the agent ensures the organization of the transaction process, including the signing of the Apartment Purchase and Sale Agreement and registration of the transfer of rights (that is, he tells everyone where and when everyone needs to go to draw up the documents);
the agent ensures the safe transfer of money for the transaction (that is, he leads clients to the bank, and there the bank managers explain how to make payments in cash through a safe deposit box or non-cash through a letter of credit);
the agent advises the Customer on all issues related to the transaction (that is, he tells the client how complicated and therefore expensive everything is);
the agent represents the Customer in relations with third parties (mainly potential Buyers and other agents).

In small details, this list may differ from contract to contract in different agencies. But in general, services for selling an apartment look exactly like this (see sample agreement with the agency below).

A sample contract with a real estate agency for the sale of an apartment can be downloaded HERE.

But that is not all. An apartment for an agent is a source of income. No apartment - no income. Therefore, every real estate agency strives to conclude an exclusive sales agreement with the client. This means that the client is prohibited not only from contacting other agencies, but even from selling his home himself.

In contract language it might look something like this:

"The client is obliged:
not to enter into similar agreements with other persons, and also to refrain from independent activities that constitute the subject of this agreement.”

For violation of this clause, the client is usually subject to financial punishment in the form of a fine or penalty . But the realtors themselves try to avoid fines, or assign them to themselves in the contract in such a way that it becomes almost impossible to present a material claim to the agency. As they say, it's just business, nothing personal...

Some people think that the agency “collects and prepares” a package of documents for the transaction, and the Seller does not have to fuss himself. But the reality is discouraging: firstly, the entire “package” is often limited to only three to five papers; secondly, the apartment owner himself has to collect these papers, because Most certificates are issued only personally to the owner (for example, Extract from the House Register, EZhD, permission for guardianship of a transaction, certificates from ND and PND).

Someone will probably say that realtors also help to properly prepare an apartment for sale . Yes, this happens sometimes. But there is no secret in this. You can read about methods of pre-sale preparation of an apartment (or, in fashionable terms, “home staging”) in our online textbook at the link provided.

How are apartments different from an apartment? Technical and legal differences.

Item

Provisions on the subject of the transaction appear in the initial section of any document. When drawing up an agreement for the provision of real estate services, the subject is the real estate services themselves. In the text of the document, the section on the subject of the agreement is written as follows:

In accordance with this agreement, the Contractor undertakes, on behalf of the Customer, for the fee agreed upon in the contract, to provide services for the selection and acquisition of real estate owned by Nikolai Alexandrovich Stepanov. The Contractor carries out actions for the selection and acquisition of residential real estate in accordance with legal requirements. The Customer's preferences and other requirements are specified in Appendix 1 to this agreement.

Specifics of a realtor's work

It is not necessary to sign such an agreement. Those who formalize it only protect themselves from possible problems and delays with the sale of real estate. And if an agent persuades you to sign such a document, then he is acting legally.

How a realtor works:

professionally conducts an advertising campaign, promotes the quick sale of an apartment;
organizes meetings, showings, provides accurate information on objects of interest;
professionally builds dialogues with counterparties.

The purpose of hiring such a specialist is to save time and save yourself from headaches in the form of endless phone calls, negotiations, organizing meetings and paperwork.

How a realtor works - depending on the requirements and interests, he offers the most suitable real estate options and tries to sell them. This is his direct responsibility. He acts legally and only does his job.

Price and payment procedure for services provided

This section contains information about the cost of intermediary services provided. You should also indicate in what form and when the payment will be made. Payment can be made in cash or by bank transfer as agreed by the parties. So, the specified section looks like this:

The contract price is divided into a security deposit and the final payment amount after fulfillment of obligations under the contract. The amount of the security payment is 35,000 (Thirty-five) thousand rubles and is paid to the Contractor at the time of signing the document. The final payment amount is 63,500 (sixty-three thousand five hundred) rubles and is paid after the provision of real estate services. All payments are made in cashless form by transferring funds to the bank account of the real estate company.

What documents does a realtor need?

So that the realtor begins to fulfill the powers assigned to him related to the procedure for selling an apartment on the basis of a signed agreement with the client. He will need the following documents:

passport of the owner of the apartment being sold (if there is more than one owner of the apartment, then everyone’s passport will be needed);
certificate of ownership;
an extract from the house register (the extract must indicate whether the residents are registered in it or not, and if they are registered, then in what quantity);
technical passport for the object (the date of issue of the passport should not exceed 5 years, otherwise you will have to obtain a new technical passport from the BTI).

If one of the owners of the apartment is a minor child, you will need to provide a birth certificate, and you will also need to additionally provide the child’s passport if he is over 14 years old, and everything else, to sell the apartment, you need to obtain permission from the guardianship and guardianship authorities. This permission confirms that by selling the apartment, you have not violated the rights of the child. Otherwise, the transaction will be considered invalid.
If the apartment was purchased by the spouses together or is jointly acquired property, then you will need a marriage certificate and permission certified by a notary from the second spouse.
If the apartment was received as a gift or by inheritance, you need to obtain a certificate from the tax office stating that there is no tax debt.

Rights and obligations of the parties

The section on rights and obligations is written in order to specify the actions of the Counterparties. Thus, the presence of such provisions in the document gives a clear understanding of how the parties must fulfill their obligations. So, the wording of the provisions of the rights and obligations of the Contractors in the text of the document is written as follows:

The Customer has the right to: Demand that the Counterparty's obligations be fulfilled in strict accordance with the contract. Request information about the performance of the work. The customer undertakes to: Pay for real estate services in accordance with the section on the price of the contract. Do not enter into similar agreements with other persons engaged in such activities. When purchasing real estate, provide written consent. Fulfill your obligations in accordance with this agreement. The Contractor has the right to: Demand payment for the services provided by him in accordance with the section on the price of the contract. Demand proper fulfillment of obligations by the Customer under the concluded contract. The Contractor undertakes to: Provide real estate services for the selection and purchase of real estate. Compile and send reports to the Customer on the results of their work every Monday during the term of the agreement. Act on behalf of the Customer when carrying out their activities. Fulfill your obligations efficiently in strict accordance with the provisions specified in the document.

Duration of the contract with the real estate agency

An agreement with an agency (both for the sale and purchase of real estate) is usually concluded for at least 3 months. This is the period within which, with due effort, you can prepare and conduct a transaction. Of course, every real estate agency tries to conclude an agreement with a client for as long as possible in order to increase the likelihood of the transaction itself, and therefore its own fee.

Moreover, in the terms of the contract there is often a clause according to which the client is obliged to pay the agency, even if the transaction took place 2-3 months after the end of the contract . This is how the agency insures itself in case the Seller and Buyer try to negotiate on their own without intermediaries.

It makes no sense for a client to enter into an agreement with an agency for a long term immediately. It is better to conclude a contract for 3 months, and then extend it if necessary.

Refund of the advance (deposit) for the apartment. Is it possible? The answer is in the note at the link.

Responsibility of the parties

This section identifies provisions on circumstances in the event of which the parties bear financial liability. Below we present typical wording of provisions that can be written in the text of the document:

The parties are mutually responsible for non-fulfillment or improper fulfillment of obligations under this agreement. If the customer is late in paying for services or has not paid in full, he undertakes to pay a penalty in the amount of 1.3% of the transaction price.

Why do you need to enter into an agreement?

It is mandatory to draw up an agency agreement for the purchase or sale of housing with a realtor . Otherwise, there is a risk of wasting time and money. The agreement specifies in detail the entire range of services that must be provided in exchange for commissions or a fixed payment, as well as liability for failure to perform them.

Realtor services include:

free apartment assessment;
marketing plan for promoting the sale announcement;
searching for a buyer and conducting inspections;
negotiations with clients and advertising the apartment to them;
checking all documents and preparing for the purchase and sale transaction.

A real estate agency often deals not only with the banal information of a buyer and a seller, but also provides preparation for the sale of an apartment, collects certificates necessary for the transaction, as well as a legal examination of title documents.

The Guild of Realtors has developed a standard agency agreement, which has undergone legal examination and contains all the important points that describe the relationship between the customer and the contractor. It is advisable to familiarize yourself with it before signing the contract offered by the realtor.

Take care of your mortgage yourself

After all, a loan is your future debt, not realtors’. Therefore, you should not trust them with such a sensitive matter as your money.

You don’t need to be fooled by intermediaries’ promises that they will help you get an “exclusive” mortgage from any bank. Contact your salary bank or Tinkoff Bank. Or, as a last resort, to credit brokers.

Realtors offering mortgages from a bank are usually interested in selling the client a specific product. This option is not necessarily the most profitable. Most often, realtors help bank managers fulfill the plan and receive a percentage of each referred mortgagee. Or, together with the manager, they “hang” a huge loan on the defrauded client.

Or the situation is even more banal - realtors are simply trying to make money on their next client. They pose as professionals and rely on certain “connections” in banks and credit institutions. In fact, they are engaged in sending out loan applications - maybe you'll get lucky.

Victor was unable to obtain a mortgage either in his salary bank or in two others, he was upset and was already thinking about giving up buying an apartment. However, realtors convinced him to send an application to one small bank, where “everyone is approved” and where they “have the right person.” As a result, Victor was approved for a loan for the required amount, but... at 50% per annum! Naturally, the client refused such a “tempting” offer

Alexandra was also unable to get a mortgage from her salary bank and turned to realtors asking if they could help. They asked for an additional amount and sent Alexandra home, promising to resolve the issue by contacting bankers they knew. Two days later, the mortgage was actually approved, and everything would have been fine... But when Alexandra came to the branch to get the money, it turned out that the realtors had simply submitted an application for a loan through an online form on the bank’s website on behalf of the client. And they didn’t have any “connections” in the bank. Why they had to pay extra for something that Alexandra could do on her own and for free is unclear.

By the way, it’s better to think about a mortgage in advance. In most banks, the validity period for mortgage approval is several months - this time is quite enough to complete the transaction, even if you have not started looking for suitable housing.

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Do not give realtors a general power of attorney

If intermediaries insist on issuing a power of attorney so that they can act on your behalf, give them a power of attorney to deliver and receive documents. Giving a general power of attorney or the right to manage money is a mistake. There are many cases where unscrupulous realtors made dubious transactions on behalf of their clients.

Is it even possible to conclude a deal without realtors? More than, especially if you have a simple purchase and sale without encumbrances, children and mortgages.

The procedure is simple to the point of banality:

find a buyer or seller;
enter into a preliminary agreement with him if someone needs to find money,
sign the main agreement;
submit all documents to the MFC;
you wait 2 weeks and get them back along with an extract from Rosreestr.

The list of certificates and extracts that must be attached to the contract is short. It will be reported by any lawyer or MFC specialist. In addition, I have already given an approximate list above, you can safely rely on it.

As for the contract, there is nothing complicated in its preparation. It makes no difference who writes it: you yourself, a law student or a professional lawyer. The law does not impose strict requirements on the structure - the main thing is that all significant elements are present, and prices and terms suit both parties.

If the situation is more complicated, for example, you need a mortgage or children are involved in the transaction, and you do not know which way to approach the solution to the problem, then before running to realtors, you should get advice from an independent lawyer. He will break down what you need to do and offer a ready-made algorithm. For this you will pay from 1 to 5 thousand rubles. This is less than the tens of thousands that a realtor will ask for.

Of course, you will have to run around, but you will gain invaluable experience, and you will be able to use the saved money more intelligently - for example, buy shares with it.

How do you feel about the work of realtors?

This is an important profession, they really help 100%, 1 vote
1 vote 100%
1 vote - 100% of all votes
In some cases, you can’t do without realtors 0%, 0 votes
0 votes
0 votes - 0% of all votes
They are just parasites and no one needs them 0%, 0 votes
0 votes
0 votes - 0% of all votes

Total votes: 1

07.12.2020

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Don't agree to scams

Some particularly odious realtors or agencies offer very dubious deals. For example, they sell an apartment cheaply, in which the share is under arrest, but first they ask to buy out this same share. Or they offer to “cash out” maternity capital using a cunning scheme.

I myself was offered a suspiciously cheap apartment in one of the old buildings. Outwardly, everything about it was good, but the low price, fresh renovation and the appearance of the owner - an obvious drunkard - did not fit together. A short search on the Internet on the website bsr.sudrf.ru by the name of the owner gave the result: the apartment was seized for non-payment of taxes and rent.

How the realtors were going to sell me such housing is a different story, there was a whole detective story looming with drawing up powers of attorney and making deposits in the best traditions of Ocean’s Friends, but I turned to another agency.

And here’s another interesting article: How to win at Clover - tips and tricks

Agreement with a real estate agency for the sale or purchase of an apartment