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Real Estate Agent Agreement

Last revision Last revision 06/07/2024
Formats FormatsWord and PDF
Size Size6 to 9 pages
Download a basic template (FREE) Create a customized document

Last revisionLast revision: 06/07/2024

FormatsAvailable formats: Word and PDF

SizeSize: 6 to 9 pages

Download a basic template (FREE) Create a customized document

This Real Estate Agreement is used by a real estate agent to outline the services they will be providing for the marketing and sale of their client's property. The agreement specifies the relationship between an agent and the client (property owner). The real estate agent is the person who will be representing in a property sale transaction. The agent will be involved in marketing the property to prospective buyers and negotiating the sale price on behalf of the property owner. In other words, the real estate agent acts as an intermediary and connects the client to the prospective buyer. The real property here refers to a land or building.

The duties of a real estate agent include advertising the property for sale, negotiating the highest possible price on behalf of the client, and working with the client to find a buyer for their property. Sometimes, the agent may double as a lawyer or have a big agency with lawyers working for the agency. In this case, the agency may also draft Property Sale Agreement, Deed of Assignment and other conveyancing documents.

Note that a real estate agent is not an employee of the client, as this is a work-for-hire agreement, which means that the agent is an independent contractor. A legal guide provides about the difference between an employee and an independent contractor.

Similarly, a Real Estate Agreement is different from a Service Agreement because while the Service Agreement is a contract for the provision of general services, the Real Estate Agreement outlines the terms under which the real estate agent will sell the real property for their client.


How to use this document

This document includes comprehensive details to suit the real estate agent's needs. Any party can use this form to create a comprehensive Real Estate Agent Agreement that is tailored to their individual needs. This document provides the following details, including the following:

  • Names and addresses of the agent and property owner. This requires the full names and addresses of the property owner and the agent;
  • Agent's compensation. This is the fee the agent will receive as consideration for facilitating the sale of the property owner's property;
  • Payment arrangement. This explains how the agent will receive their fee. Whether they will be paid in cash, by bank transfer, or other means of payment;
  • Duties of the agent. This includes marketing, staging, and facilitating the sale of the property;
  • Length of agreement. This indicates the period of this agreement. Some agents are hired for a specified period, and when the contract will be terminated once the period has elapsed;
  • Sale price. This indicates the price of the property;
  • Description of the property. This is the full details of the property the agent is contracted to sell.

After completing the form, it should be printed and the property owner and the agent should sign the document. Also, a copy of this receipt should be kept for record purposes. After signing the contract, the agent will be set to work to stage and find the highest possible bidder for the property.


Applicable law

The laws which apply to real estate agents and real estate transactions in Nigeria include:

- Estate Surveyors and Valuers (Registration, etc) Act, under which the Estate Surveyors and Valuers Registration Board of Nigeria regulate real estate surveyors and valuation in Nigeria;
- The Land Use Act, 1978, which regulates land use and ownership in Nigeria;
- Land Use Charge Law, 2018, regulates all land-based charges in Lagos State;
- Registration of Titles Law, 1935, regulates the registration of all titles in land, except mining leases and other leases specified under the Minerals Act or Petroleum Act;
- The Land Registration Law of Lagos, 2015, regulates the registration of titles in Lagos State;
- Nigerian Constitution, 1999 provides for the protection of property rights in Nigeria.

The general rules of contract also apply to this document.


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