英文版房地產(chǎn)銷售代理協(xié)議

1、ESTATE AGENCY AGREEMENT FORTHE SALE OF RESIDENTIAL PROPERTYThis form is prescribedbyAVIC COAST LAND DEVELOPMENT (T) LIMITED underthe EstateAgents Act for usewhen an estateagentis authorisedor engagedby a prospectiveseller to introduceabuyerof residential property(2)in Tanzania.Note: Where a number i

2、n brackets (e.g.(1) appears in this Agreement, please read the explanatory note that bearsthe correspondingnumber in Schedule 1 to this Agreement. Where an y spaceprovided below is in sufficie nt, the releva nt particulars shouldbewritte n on a separate sheetand attachedto this Agreement.1. Parties

3、to Agreement(dd/mm/yyyy)Agreeme ntDate:Seller Name: AVIC COAST LAND DEVELOPMENT (T) LIMITED , a legal person incorporatedandexisting underthe laws of the United Republicof Tanzania(Cap. 212 of the Laws) whoseregisteredoffice is at AVIC INTL ApartmentsSeaView, Plot No., SeaView,UpangaArea, llala Muni

4、cipality, P.O. Box, Dar esSalaam,TanzaniaName of EstateAgent(4): icence No. (3):Address:2. Appointment of EstateAgent by SellerThe above seller (collectively called Sellerhereby) authorises and engages the Estate Agent(5), subject to and in accordancewith the terms of this Agreement, to introduce to

5、 him a Buyer(6) ofthefollowing PropertJ7):Plot No. 265, Block A, comprising of TWELVE (12) Main Areas indicated underregistered MAIN UNIT PLAN No. 10referredto as “ZONESwithin which registeredZONE -01 UNIT PLAN consistof 160 UNITS registeredasUNIT PLAN M. 10/1 with the Registrarof Titles - Ministry

6、of Lands,Housing andHumanSettlementsDevelopmentatDar esSalaam -Tanzania, located at Amani Gomvu, Minondo Somangila,Kigamboni Area,TemekeMunicipality, Dar es Salaam,Tanzania(herein to be referredto asa Property ” );3. Scopeof Age ncyand Duties of Estate Age ntThe EstateAgent duties shall be assetout

7、in Schedule2 to this Agreement,in addition to thedutiesplacedon the EstateAgent by the other termsin this Agreementandany written law.4. Commission(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

8、 Seller en ters into a binding agreementfor the saleand purchas8) of the Property with a Buyer introduced by the EstateAgent, andthe Buyer paid for the down payment(atleast5% of purchaseprice of the property) ;10% amount of the commissi on will be paid afer the buyer s paymentreach70% amountof purch

9、aseprice of the property.i. The 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 EstateAge nt shall provide the payme ntapplicatio n of the commissi on for last mon th, the Seller shall confirm the payme ntapplicati on and arra

10、n gefor payme ntbefore 5th of the m on 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. DisclosureRequirements(a) The EstateAge nt or Salespersondoes not hav(10)

11、a conflict or pote ntial con flict of interestin acting for the Seller.(b) If the Estate Age nt or Salespersonhas declared that there is no con flict or pote ntial conflict of interest but a conflict or potential conflict of interest only arises (or he becomesaware of the conflict or potential confl

12、ict of interest) after the execution 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 Salespersonmay continue to act for the Seller only if the Seller, being fully in formed, consent

13、sin writ ing to the EstateAge nt and Salespersonc ontinuing to act for him.6. Property Inspection and Co-broking(a) The Seller agreesto allow the Estate Agent to show the property to potential Buyer(s) (including their agents)at mutually agreeabletime(s).(b) The Estate Agent may co-operateor co-brok

14、e with another Estate Agent to secure Buyers for the Property.(c) If co-broking is allowed, the commission may be sharedbetween the Estate Agent anda co-broking agent in such amounts as may be agreed between them but the Selleris not liable to pay any commission to the co-broking agent.7. Warranty b

15、y SellerThe Seller warrantsthat he is the owner of / duly authorised(1) to sell the Property.8. Schedulesand NotesThe Schedulesand Notesto or in this Agreementform part of this Agreement.9. Applicable Law and Dispute Resolution(a) This Agreement shall be governedby the laws of Tanzania.(b) Any dispu

16、te betweenthe Seller and the EstateAgent 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 eventof any disputeor differencearising betweenthe Partiesin relation to or ar

17、ising out of this Agreement,the Partiesshall forthwith, upon receipt of a notice in writing from the Party claiming such disputeor difference, attemptto resolve the dispute or difference through good faith negotiations.In the eventthe Partiesfail to reacha settlementwithin a period of Fourteen(14) b

18、usinessdayseither Party may refer the dispute or difference to arbitration under the provisions of the Arbitration Act, Cap. 15 of the Laws of Tanzania.The appointmentof the Arbitrator shall be final andbinding on the Parties.The arbitration shall take place in Dar esSalaam,Tanzaniaor any other plac

19、easmay be determinedby the Parties.The decision of the Arbitrator shall be final and binding on the Parties; andThe decision may be madean order of a court of competentjurisdiction.lO.Additional TermsNote: The prin ted terms prescribed in this form of Agreeme ntca nno tbe deletedor varied. If the pa

20、rtieswish atany time to agreeto or add on any otherterms,they must bein writing, dated,insertedasAdditional Terms below and initialed by the parties. If the spacebelow is insufficient, the Additional Terms are to be written/printed in black ink on a separatesheet of paperwhich must be pink in color

21、and in a font not smaller than the font of the above terms.The Additional Termscannot conflict with, vary or otherwise limit the prescribedterms(11) of this Agreement.Signed by the Seller(s) andthe EstateAgentNote: Thepartiesareto initial every pageof this Agreementincluding theSchedulesandany attac

22、hme nts.Signed by Seller*Through the interpretation of Signed by interpreter:Date:Interpreter NRlC No.：Date:SCHEDULE 1EXPLANATORY NOTES(1) *means delete if not applicable. All deletions must be initialed by the Seller at the time they are made.(2) This form of agreement is only applicable if all or

23、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 the case may be.(4) To insert full name of the Estate Agent.(5) The Estate Agent is not an exclusiv

24、e 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 addressesmay be recorded on a separate sheetand attached to this Agreement. Alternatively, aseparateagreement may be used for e

25、ach 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 or rate of commission is negotiable between the Seller and the Estate Agent.(10) The Code of Ethics and Profe

26、ssional Client Care prescribes the Estate Agent asnd Salesperson dutsy to disclose and avoid any potential or actual conflict of interest.(11) Where the parties have made any choice above, they may subsequently vary such choice in writing but such variation must be dated and initialed by the parties

27、. 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 Estate Agent in the proposed sale of the Property, the Salesperson shall sign and fill in his particulars. Otherwi

28、se, 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 EstateAgent who is a natural person acting in the proposed sale of the Property, their name(s) and particular(s) shall als

29、o be written, if necessary,on a separate sheetand attached to this Agreement.SCHEDULE 2DUTIES OF ESTATE AGENTThe Estate Agent shall:(a) provide reasonable assistanceand advice to 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.