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Commercial Lease Commission Agreement Template for South Africa

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Key Requirements PROMPT example:

Commercial Lease Commission Agreement

"I need a Commercial Lease Commission Agreement for my shopping mall in Johannesburg, with an exclusive mandate starting March 2025, including a tiered commission structure where the rate increases for longer lease terms and higher rental values."

Document background
The Commercial Lease Commission Agreement is essential for property transactions in South Africa's commercial real estate sector. It is used when property owners or landlords engage professional property practitioners to secure tenants for commercial properties. The agreement must comply with South African legislation, particularly the Property Practitioners Act 22 of 2019 and related regulations. It details commission structures, payment triggers, and obligations of all parties involved. This document is crucial for protecting both the property practitioner's right to commission and the property owner's interests, ensuring transparency in commercial lease transactions. It typically includes specific provisions for different types of commercial properties, commission rates based on lease values or terms, and conditions for exclusive or non-exclusive mandates.
Suggested Sections

1. Parties: Identification of the Principal/Property Owner and the Agent/Broker, including full legal names, registration numbers, and physical addresses

2. Background: Context of the agreement, including the property details and the parties' intention to enter into a commission arrangement

3. Definitions: Clear definitions of key terms used throughout the agreement, including 'Commission', 'Lease', 'Tenant', 'Property', and 'Successful Transaction'

4. Appointment: Formal appointment of the agent and scope of authority

5. Agent's Obligations: Detailed responsibilities of the agent in marketing the property and securing tenants

6. Principal's Obligations: Property owner's commitments and responsibilities to the agent

7. Commission Structure: Detailed explanation of commission rates, calculation methods, and payment terms

8. Payment Terms: Timing and method of commission payments, including conditions for payment

9. Duration of Agreement: Term of the agreement, including start date and termination conditions

10. Exclusivity: Whether the appointment is exclusive or non-exclusive and related terms

11. Professional Indemnity: Agent's professional insurance requirements and liability limitations

12. Breach and Termination: Consequences of breach and conditions for termination

13. Dispute Resolution: Process for resolving disputes between parties

14. General Provisions: Standard legal clauses including notices, entire agreement, and governing law

Optional Sections

1. Multiple Property Provisions: Additional terms for cases where the agreement covers multiple properties

2. Sub-Agents: Terms governing the appointment and management of sub-agents, if permitted

3. Performance Targets: Specific performance criteria for the agent, used in performance-based commission structures

4. Marketing Budget: Terms regarding marketing expenses and cost sharing between parties

5. Commission Protection: Terms protecting agent's commission rights for future transactions with introduced tenants

6. Electronic Communications: Specific provisions for electronic communications and digital signatures

7. Force Majeure: Provisions for unforeseen circumstances affecting performance

Suggested Schedules

1. Property Schedule: Detailed description of the property/properties covered by the agreement, including physical addresses and property specifications

2. Commission Rate Schedule: Detailed breakdown of commission rates for different types of leases or transaction values

3. Service Level Agreement: Detailed description of expected service levels and performance metrics

4. Marketing Plan: Detailed marketing strategy and activities to be undertaken by the agent

5. Agent's Professional Credentials: Copies of relevant licenses, certifications, and professional registrations

6. Mandate Form: Standard form for confirming specific property mandates under the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions



































Clauses




































Relevant Industries

Real Estate

Commercial Property

Retail

Office Space

Industrial Property

Logistics

Warehouse

Shopping Centers

Professional Services

Property Management

Real Estate Investment

Commercial Development

Relevant Teams

Legal

Real Estate

Property Management

Asset Management

Business Development

Facilities Management

Contract Administration

Risk Management

Commercial Operations

Finance

Relevant Roles

Real Estate Broker

Property Manager

Commercial Property Agent

Leasing Manager

Asset Manager

Property Portfolio Manager

Real Estate Director

Commercial Leasing Consultant

Property Practitioner

Legal Counsel

Contracts Manager

Business Development Manager

Facilities Manager

Commercial Property Consultant

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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