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.

Pros and cons of working with a realtor

You can both lose and win from working with a realtor. It all depends on where the seller of the apartment turns and how reliable the agency turns out to be.

Pros of working with a realtor:

quick search for a buyer (usually within 3 months);
marketing plan for advertising the apartment;
receiving calls from clients and organizing viewings;
checking all documents before the transaction.

Before concluding an agreement with a real estate agency, you need to carefully check its reputation, registration documents, as well as customer reviews.

Disadvantages of working with a realtor:

high commissions (up to 5% of the cost of the apartment);
risk of fraud (collusion with the buyer or disappearance after transfer of the advance);
loss of the deposit for early termination of the contract;
Slow work and minimal customers.

The times of “black” realtors are long gone , but when working with real estate agencies, problems of a different kind may arise. For example, a realtor may have a very small client base and, by concluding an exclusive agreement with such a company, the seller or buyer of an apartment will only waste time.

There are also possible cases of petty fraud, when an agreement is concluded for only one purpose - to receive an advance. Next, the unscrupulous agent simply turns off the phone or imitates the activity without any results.

A good realtor must be officially registered, certified or have professional liability insurance. The company must have a large customer base, established contacts with many real estate sites and an impeccable reputation.

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.

Legal essence of the agency agreement

At its core, an agency agreement is closer to a service agreement, and its nature makes the subject of the agreement intermediary services. In paragraph 1 of Art. 1005 of the Civil Code of the Russian Federation states that an agent has the right to perform legal and other actions for his principal. This means that he can convince someone, check the readiness of something and the conditions for fulfilling various contracts, contact experts, analyze and disseminate information. In other words, act as if he were the principal, but without having his material interests. Moreover, his actions can be physical, but in such cases they are of an auxiliary nature. So, if a law firm has found some documents that require examination, its employees can deliver them to the principal. From this, the agent does not become a delivery service, but the action is performed by him as part of the execution of the same agency agreement.

The agent's behavior cannot be directed against the interests of the principal. For example, if under an agency agreement someone must sell an apartment, then he is obliged to set the average market price and strive to ensure that the sale and purchase transaction is completed in such a way that any discounts do not go beyond its limits. The very fact that the apartment will be sold at a price below the market price, if this happens, will be grounds to believe that the agent and the buyer have entered into a conspiracy and are committing an offense. If this is proven, the court may declare the transaction invalid on the basis of Art. 179 of the Civil Code of the Russian Federation. Clause 2 of this article will become relevant, which equates the concealment of certain circumstances to deception, and transactions made under the influence of deception are recognized by the courts as invalid.

The economic consequences of transactions relate only to the principal. Therefore, it is important to select only those agents whom the principals fully trust, and to enter into contracts with them correctly.

The legislation does not put forward any requirements for the preparation of agency agreements, therefore they are concluded according to the general rules governing all contractual relations in the Russian Federation. Obviously, the contract must stipulate the subject, subject and conditions, describe the duties and responsibilities of the parties, and ways to resolve disputes if they arise. The timing of its validity, which can be tied to the occurrence of some events, is also important. An important feature of an agency agreement is its continuing nature, compared to an assignment and a commission. It must be compiled in such a way that it is clear that it has time boundaries. For example, the formula “sell until you sell” indicates the presence of a clear time period. And the formula “try to sell, if it doesn’t work, then don’t sell” contains too vague indications of the nature of the relationship between persons and the responsibilities of the one who will sell not only to his actions, but also to the time at which the agreement will be relevant.

All this has a certain significance, since the form of the contract can be not only written, but also oral. But this does not mean that all people who were asked to do something, and did it in the interests of the person asking, acted as agents in the legal sense. The signs of an oral agreement of this type are compensation and clarity in indicating the nature of mediation and its goals.

The vast majority of agency agreements are in writing. Most often, the parties enter into agreements in such a way that they are permanent in nature and not related to the execution of one-time orders. For example, literary agents become intermediaries between writers and publishing houses, taking on responsibilities not only in managing the editing of works and their publication, but also in reaching bookstore shelves. They also organize meetings with readers and participation of writers in various conferences. And this can last forever as long as the writer and his agent are satisfied with everything.

The activities of some agents are specialized in nature and may affect public and state interests. In such cases, it is regulated by special legislation. It also indicates mandatory aspects that should be reflected in contracts. An example is the activity of a maritime agent, which is reflected in the Navigation Code.

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.

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.

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.

Agreement for the provision of services for searching and purchasing an apartment