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Buyer Representation Agreement Template for India

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Key Requirements PROMPT example:

Buyer Representation Agreement

I need a buyer representation agreement for a residential property purchase, ensuring exclusive representation by the agent for a period of 6 months, with clear terms on commission, termination conditions, and obligations of both parties. The agreement should also include clauses for confidentiality and dispute resolution.

What is a Buyer Representation Agreement?

A Buyer Representation Agreement is a legal contract between a property buyer and their real estate agent in India, making the agent their official representative in the home-buying process. This agreement spells out the agent's duties, like finding suitable properties, negotiating prices, and handling paperwork under the Real Estate (Regulation and Development) Act.

Once signed, the agreement protects both parties by clearly defining the commission structure, service duration, and exclusive rights. It ensures your agent works solely in your interest while house-hunting, particularly important in India's competitive real estate market where multiple agents might show the same property. Most RERA-registered brokers require this agreement before starting their home search services.

When should you use a Buyer Representation Agreement?

Sign a Buyer Representation Agreement when you're ready to seriously search for property in India and want dedicated professional help. The ideal time is right before you start viewing properties with a real estate agent - this ensures they're legally bound to represent your interests from day one.

This agreement becomes especially important in competitive markets like Mumbai, Bangalore, or Delhi NCR, where multiple buyers chase limited inventory. Having it in place gives you priority access to new listings through your agent and prevents confusion about commission structures or service expectations. It's particularly valuable when dealing with high-value properties or complex transactions requiring RERA compliance.

What are the different types of Buyer Representation Agreement?

Who should typically use a Buyer Representation Agreement?

  • Property Buyers: The primary party who signs the agreement, seeking professional help to find and purchase real estate in India
  • Real Estate Agents: Licensed professionals who represent buyers, bound by RERA regulations to provide property search and negotiation services
  • Real Estate Firms: Larger agencies that employ agents and often provide the standard agreement templates
  • Legal Advisors: Review and customize agreements to protect their clients' interests and ensure RERA compliance
  • Property Developers: Often interact with buyer's agents during new construction sales, recognizing the agreement's authority

How do you write a Buyer Representation Agreement?

  • Agent Details: Gather the real estate agent's RERA registration number, firm details, and service area
  • Property Criteria: List your preferred locations, budget range, and property type requirements
  • Commission Structure: Decide on the agent's fee percentage or fixed amount, including payment terms
  • Duration Terms: Determine the agreement's start date and length, typically 3-6 months in Indian markets
  • Exclusivity Choice: Decide if you want exclusive or non-exclusive representation
  • Documentation: Keep your ID proof, PAN card, and address verification ready for KYC requirements

What should be included in a Buyer Representation Agreement?

  • Party Details: Full names, addresses, and RERA registration numbers of both buyer and agent
  • Service Scope: Detailed description of agent's duties, property search criteria, and geographical area
  • Compensation Terms: Clear statement of commission structure, payment timeline, and conditions
  • Duration Clause: Specific start and end dates, along with renewal or termination conditions
  • Exclusivity Terms: Clear statement on exclusive or non-exclusive representation rights
  • Dispute Resolution: Arbitration process and jurisdiction under Indian law
  • Signatures Section: Space for dated signatures, witness details, and stamp duty requirements

What's the difference between a Buyer Representation Agreement and a Broker Agreement?

A Buyer Representation Agreement differs significantly from a Broker Agreement in several key aspects, though both involve professional representation in transactions. Understanding these differences is crucial for proper documentation in Indian real estate dealings.

  • Scope of Services: Buyer Representation Agreements specifically focus on property purchase assistance, while Broker Agreements can cover various transaction types including rentals, investments, and commercial deals
  • Client Relationship: Buyer Representation Agreements establish a fiduciary duty specifically to the buyer, while Broker Agreements might allow representation of either party or both
  • Duration and Exclusivity: Buyer Representation typically covers a specific property search period, while Broker Agreements often establish longer-term business relationships
  • Commission Structure: Buyer Representation usually ties payment to successful purchase completion, whereas Broker Agreements might include various fee structures for different services

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