(完整版)英文版房地产销售代理协议

1、ESTATE AGENCY AGREEMENT FOR THE SALE OF RESIDENTIAL PROPERTY This form is prescribed by AVIC COAST LAND DEVELOPMENT (T) LIMITED un der the Estate Age nts Act for use whe n an estate age nt is authorised or en gaged by a prospective seller to in troduce a buyer of reside ntial propert0 in Tanzania. N

2、ote: Where a number in brackets (e.g.(1) appears in this Agreement, please read the expla natory n ote that bears the corresp onding nu mber in Schedule 1 to this Agreeme nt. Where any space provided below is in sufficie nt, the releva nt particulars should be writte n on a separate sheet and attach

3、ed to this Agreeme nt. 1. Parties to Agreement (dd/mm/yyyy) Agreeme nt Date: Seller Name: AVIC COAST LAND DEVELOPMENT (T) LIMITED , a legal person incorporated and existing under the laws of the United Republic of Tanzania (Cap. 212 of the Laws) whose registered office is at AVIC INTL Apartme nts Se

4、a View, Plot No., Sea View, Upanga Area, Ilala Municipality, P. O. Box, Dar es Salaam, Tanzania Name of Estate Agen t:Lice nee No: Address: 3. Scope of Age ncy and Duties of Estate Age nt The Estate Age nt s duties shall be as set out in Schedule 2 to this Agreeme nt, in additi on to the duties plac

5、ed on the Estate Age nt by the other terms in this Agreeme nt and any writte n law. 4. Commissi on (a) The commissi on rate is 3_% (9) of the tran sacted net price (exclusive of VAT) of the Property. (b) 90% amount of the commissi on will be paid if the Seller en ters into a binding agreeme nt for t

6、he sale and purchas of the Property with a Buyer in troduced by the Estate Age nt, and the Buyer paid for the dow n payme nt(at least 5% of purchase price of the property) ;10% amount of the commissi on will be paid afer the buyer s payme nt reach 70% amount of purchase price of the property. i. The

7、 commissi on specified is in clusive of TAX. ii. The commissi on will be paid by mon thly. Every month from 1st to 3rd , the Estate Age nt shall provide the payme nt applicati on of the commissi on for last mon th, the Seller shall con firm the payme nt applicati on and arrange for payme nt before 5

8、th of the mon th. (c) The Seller shall have no obligati on to pay any commissi on to the Estate Age nt if completion of the Property transaction falls through without fault on the part of the Seller. 5. Disclosure Requirements (a) The Estate Age nt or Salespers on does not ha0)a con flict or pote nt

9、ial con flict of interest in acting for the Seller. (b) If the Estate Age nt or Salespers on has declared that there is no con flict or pote ntial con flict of in terest but a con flict or pote ntial con flict of in terest only arises (or he becomes aware of the con flict or pote ntial con flict of

10、in terest) after the executi on of this Agreement, the conflict or potential conflict of interest must be immediately disclosed in writi ng to the Seller. Upon such disclosure, the Estate Age nt and Salesperson may continue to act for the Seller only if the Seller, being fully in formed, consents in

11、 writi ng to the Estate Age nt and Salespers on continuing to act for him. 6. Property Inspection and Co-broking (a) The Seller agrees to allow the Estate Agent to show the property to potential Buyer(s) (including their agents) at mutually agreeable time(s). (b) The Estate Agent may co-operate or c

12、o-broke with another Estate Agent to secure Buyers for the Property. (c) If co-broking is allowed, the commission may be shared between the Estate Agent and a co-broking agent in such amounts as may be agreed between them but the Seller is not liable to pay any commission to the co-broking agent. 7.

13、 Warranty by Seller The Seller warrants that he is the owner of / duly authorise(d1) to sell the Property. 8. Schedules and Notes The Schedules and Notes to or in this Agreement form part of this Agreement. 9. Applicable Law and Dispute Resolution (a) This Agreement shall be governed by the laws of

14、Tanzania. (b) Any dispute between the Seller and the Estate Agent arising out of or in connection with this Agreement (including any question regarding its existence, validity or termination) shall first be resolved in the following manner: In the event of any dispute or difference arising between t

15、he Parties in relation to or arising out of this Agreement, the Parties shall forthwith, upon receipt of a notice in writing from the Party claiming such dispute or difference, attempt to resolve the dispute or difference through good faith negotiations. In the event the Parties fail to reach a sett

16、lement within a period of Fourteen (14) business days either Party may refer the dispute or difference to arbitration under the provisions of the Arbitration Act, Cap. 15 of the Laws of Tanzania. The appointment of the Arbitrator shall be final and binding on the Parties. The arbitration shall take

17、place in Dar es Salaam, Tanzania or any other place as may be determined by the Parties. The decision of the Arbitrator shall be final and binding on the Parties; and The decision may be made an order of a court of competent jurisdiction. 10. Additional Terms Note: The printed terms prescribed in th

18、is form of Agreement cannot be deleted or varied. If the parties wish at any time to agree to or add on any other terms, they must be in writing, dated, inserted as Additional Terms below and initialed by the parties. If the space below is insufficient, the Additional Terms are to be written/printed

19、 in black ink on a separate sheet of paper which must be pink in color and in a font not smaller than the font of the above terms. The Additional Terms cannot conflict with, vary or otherwise limit the prescribed terms (11) of this Agreeme nt. Sig ned by the Seller(s) and the Estate Age nt Note: The

20、 parties are to initial every page of this Agreement including the Schedules and any attachme nts. Sig ned by Seller *Through the interpretation of Signed by interpreter: Date:Interpreter s NRlCNo. Date: SCHEDULE 1 EXPLANATORY NOTES (1) *means delete if not applicable. All deletions must be initiale

21、d by the Seller at the time they are made. (2) This form of agreement is only applicable if all or part of the property to be sold comprises residential property in Singapore. (3) If there is no NRIC No., please write another number such as FIN, passport or company incorporation/registration No., as

22、 the case may be. (4) To insert full name of the Estate Agent. (5) The Estate Agent is not an exclusive agent and the Seller may also sell the Property himself or through another agent. (6) Buyer includes a potential Buyer. (7) If there is more than one Property, the relevant addresses may be record

23、ed on a separate sheet and attached to this Agreement. Alternatively, a separate agreement may be used for each Property. (8) An agreement for sale and purchase may take the form of an executed sale and purchase agreement or an option to purchase which has been exercised by the Buyer. (9) The amount

24、 or rate of commission is negotiable between the Seller and the Estate Agent. s and (10) The Code of Ethics and Professional Client Care prescribes the Estate Agent Salesperson s duty to disclose and avoid any potenl toiar actual conflict of interest. (11) Where the parties have made any choice abov

25、e, they may subsequently vary such choice in writing but such variation must be dated and initialed by the parties. The parties may also vary the non-prescribed Additional Terms but such variation must be in writing, dated and initialed by the parties. (12) If there is a Salesperson representing the

26、 Estate Agent in the proposed sale of the Property, the Salesperson shall sign and fill in his particulars. Otherwise, if the Estate Agent acting in the proposed sale of the Property is a natural person, he shall sign and fill in his particulars. If there is more than one such Salesperson or Estate

27、Agent who is a natural person acting in the proposed sale of the Property, their name(s) and particular(s) shall also be written, if necessary, on a separate sheet and attached to this Agreement. SCHEDULE 2 DUTIES OF ESTATE AGENT The Estate Agent shall: (a) provide reasonable assistance and advice t

28、o the Seller throughout the process of sale of the Property. (b) represent the Seller in negotiations with any prospective Buyer in accordance with his instructions. (c) promptly forward to the Seller all offers, proposals or expressions of interest from potential Buyers or their agents. (d) advance

29、 the Seller s interest unaffected by any interest of the Estate Agent, Salesperson or any other person. (e) assist the Seller to enter into a binding agreement for sale and purchase with the Buyer and reasonably explain to the Seller all relevant forms and documents. However, if the Estate Agent is

30、in doubt on any matter, he shall state his doubt and advise the Seller to seek advice from appropriate professionals. (f) comply with all reasonable instructions and requests of the Seller in relation to the transaction. 2.Appo in tme nt of Estate Age nt by Seller The above seller (collectively called Sellerhereby) authorises and engages the E