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Exclusive Brokerage Contract for the United Kingdom

Exclusive Brokerage Contract Template for England and Wales

An Exclusive Brokerage Contract is a legally binding agreement under English and Welsh law that establishes an exclusive relationship between a broker and their client. The contract grants the broker sole rights to represent the client in specified transactions for a defined period. It details commission structures, scope of services, obligations of both parties, and protection mechanisms for the broker's exclusive rights. The document incorporates relevant provisions from the Estate Agents Act 1979, Consumer Rights Act 2015, and other applicable UK legislation.

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What is a Exclusive Brokerage Contract?

The Exclusive Brokerage Contract is essential when establishing a protected relationship between brokers and their clients in England and Wales. This contract type is commonly used when a broker requires assurance of compensation for their efforts and exclusive rights to represent the client. The agreement typically includes detailed provisions about commission structures, service scope, duration, and protection mechanisms. It's particularly relevant in high-value transactions where significant time and resources are invested by the broker. The contract must comply with UK legislation including the Estate Agents Act 1979 and Consumer Rights Act 2015.

What sections should be included in a Exclusive Brokerage Contract?

1. Parties: Identification and details of the broker and client

2. Background: Context and purpose of the brokerage arrangement

3. Definitions: Key terms used throughout the agreement

4. Scope of Services: Detailed description of brokerage services to be provided

5. Exclusivity Terms: Terms and duration of exclusive arrangement

6. Commission Structure: Fees, commission rates, and payment terms

7. Duration and Termination: Contract period and termination provisions

8. Obligations of Parties: Responsibilities of both broker and client

What sections are optional to include in a Exclusive Brokerage Contract?

1. Non-Circumvention: Prevents direct dealings between client and introduced parties - use when broker introduces valuable contacts or opportunities

2. International Provisions: Specific terms for cross-border transactions - use when dealing with international clients or markets

3. Regulatory Compliance: Specific regulatory requirements - use when dealing with regulated activities or markets

What schedules should be included in a Exclusive Brokerage Contract?

1. Commission Schedule: Detailed breakdown of commission structures and calculations

2. Service Level Agreement: Detailed scope of services and performance metrics

3. Territory Schedule: Definition of geographical areas covered by exclusivity

4. Compliance Requirements: Specific regulatory or compliance obligations

Authors

Alex Denne

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

Jurisdiction

England and Wales

Publisher

Ƶ

Document Type

Broker Agreement

Cost

Free to use
Relevant legal definitions






















Clauses






























Industries

Estate Agents Act 1979: Primary legislation governing estate agency work in the UK, setting out legal obligations and requirements for estate agents

Consumer Rights Act 2015: Consolidates consumer protection law, including regulations about unfair terms in consumer contracts and transparency requirements

Financial Services and Markets Act 2000: Regulates financial services and markets in the UK, particularly relevant if the brokerage involves financial instruments

Bribery Act 2010: Covers anti-corruption legislation that affects how brokers can conduct business and handle incentives

Data Protection Act 2018 and UK GDPR: Governs how personal data must be handled, stored, and processed in business relationships

Law of Property (Miscellaneous Provisions) Act 1989: Sets out formal requirements for contracts relating to land and property

Unfair Contract Terms Act 1977: Regulates contracts by restricting how businesses can avoid liability through contract terms

Consumer Protection from Unfair Trading Regulations 2008: Prohibits unfair commercial practices between traders and consumers, including misleading actions or omissions

Consumer Contracts Regulations 2013: Provides rules about information provision and cancellation rights in consumer contracts

Business Protection from Misleading Marketing Regulations 2008: Protects businesses from misleading marketing and sets comparative advertising standards

Money Laundering Regulations 2017: Sets out obligations for businesses to prevent money laundering and terrorist financing

FCA Regulations: Financial Conduct Authority rules and guidelines governing financial services and markets

Common Law Contract Principles: Fundamental principles of contract formation including offer, acceptance, consideration, and intention to create legal relations

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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