1、ESTATE AGENCY AGREEMENT FORTHE SALE OF RESIDENTIAL PROPERTYThis form is prescribed by AVIC COAST LAND DEVELOPMENT (T) LIMITED under the Estate Agents Act for use when an estate agent is authorised or engaged by a prospective seller to introduce a buyer of residential property(2) in Tanzania.Note: Wh
2、ere a number in brackets (e.g.(1) appears in this Agreement, please read the explanatory note that bears the corresponding number in Schedule 1 to this Agreement. Where any space provided below is insufficient, the relevant particulars should be written on a separate sheet and attached to this Agree
3、ment.1. Parties to AgreementAgreement Date: / / (dd/mm/yyyy)Seller Name: AVIC COAST LAND DEVELOPMENT (T) LIMITED, a legal person incorporated and existing under the laws of the United Republic of Tanzania (Cap. 212 of the Laws) whose registered office is at AVIC INTL Apartments Sea View, Plot No. _,
4、 Sea View, Upanga Area, Ilala Municipality, P. O. Box _, Dar es Salaam, Tanzania Name of Estate Agent(4): _ Licence No. (3): _Address: _2. Appointment of Estate Agent by SellerThe above seller (collectively called Seller) hereby authorises and engages the Estate Agent(5), subject to and in accordanc
5、e with the terms of this Agreement, to introduce to him a Buyer(6) of the following Property(7):Plot No. 265, Block A, comprising of TWELVE (12) Main Areas indicated under registered MAIN UNIT PLAN No. 10 referred to as “ZONES” within which registered ZONE 01 UNIT PLAN consist of 160 UNITS registere
6、d as UNIT PLAN . 10/1 with the Registrar of Titles - Ministry of Lands, Housing and Human Settlements Development at Dar es Salaam Tanzania, located at Amani Gomvu, Minondo Somangila, Kigamboni Area, Temeke Municipality, Dar es Salaam, Tanzania (herein to be referred to as a “ Property”); 3. Scope o
7、f Agency and Duties of Estate AgentThe Estate Agents duties shall be as set out in Schedule 2 to this Agreement, in addition to the duties placed on the Estate Agent by the other terms in this Agreement and any written law.4. Commission(a) The commission rate is 3_% (9) of the transacted net price (
8、exclusive of VAT) of the Property.(b) 90% amount of the commission will be paid if the Seller enters into a binding agreement for the sale and purchase(8) of the Property with a Buyer introduced by the Estate Agent, and the Buyer paid for the down payment(at least 5% of purchase price of the propert
9、y) ;10% amount of the commission will be paid afer the buyers payment reach 70% amount of purchase price of the property.i. The commission specified is inclusive of TAX.ii. The commission will be paid by monthly. Every month from 1st to 3rd , the Estate Agent shall provide the payment application of
10、 the commission for last month, the Seller shall confirm the payment application and arrange for payment before 5th of the month.(c) The Seller shall have no obligation to pay any commission to the Estate Agent if completion of the Property transaction falls through without fault on the part of the
11、Seller.5. Disclosure Requirements(a) The Estate Agent or Salesperson does not hav(10) a conflict or potential conflict of interest in acting for the Seller. (b) If the Estate Agent or Salesperson has declared that there is no conflict or potential conflict of interest but a conflict or potential con
12、flict of interest only arises (or he becomes aware of the conflict or potential conflict of interest) after the execution of this Agreement, the conflict or potential conflict of interest must be immediately disclosed in writing to the Seller. Upon such disclosure, the Estate Agent and Salesperson m
13、ay continue to act for the Seller only if the Seller, being fully informed, consents in writing to the Estate Agent and Salesperson continuing to act for him.6. Property Inspection and Co-broking(a) The Seller agrees to allow the Estate Agent to show the property to potential Buyer(s) (including the
14、ir agents) at mutually agreeable time(s).(b) The Estate Agent may co-operate or co-broke with another Estate Agent to secure Buyers for the Property.(c) If co-broking is allowed, the commission may be shared between the Estate Agent and a co-broking agent in such amounts as may be agreed between the
15、m but the Seller is not liable to pay any commission to the co-broking agent.7. Warranty by SellerThe Seller warrants that he is the owner of / duly authorised(1) to sell the Property.8. Schedules and NotesThe Schedules and Notes to or in this Agreement form part of this Agreement.9. Applicable Law
16、and Dispute Resolution(a) This Agreement shall be governed by the laws of Tanzania.(b) Any dispute between the Seller and the Estate Agent arising out of or in connection with this Agreement (including any question regarding its existence, validity or termination) shall first be resolved in the foll
17、owing manner:In the event of any dispute or difference arising between the Parties in relation to or arising out of this Agreement, the Parties shall forthwith, upon receipt of a notice in writing from the Party claiming such dispute or difference, attempt to resolve the dispute or difference throug
18、h good faith negotiations. In the event the Parties fail to reach a settlement within a period of Fourteen (14) business days either Party may refer the dispute or difference to arbitration under the provisions of the Arbitration Act, Cap. 15 of the Laws of Tanzania. The appointment of the Arbitrato
19、r shall be final and binding on the Parties.The arbitration shall take place in Dar es Salaam, Tanzania or any other place as may be determined by the Parties.The decision of the Arbitrator shall be final and binding on the Parties; andThe decision may be made an order of a court of competent jurisd
20、iction.10. Additional TermsNote: The printed terms prescribed in this form of Agreement cannot be deleted or varied. If the parties wish at any time to agree to or add on any other terms, they must be in writing, dated, inserted as Additional Terms below and initialed by the parties. If the space be
21、low is insufficient, the Additional Terms are to be written/printed in black ink on a separate sheet of paper which must be pink in color and in a font not smaller than the font of the above terms.The Additional Terms cannot conflict with, vary or otherwise limit the prescribed terms(11) of this Agr
22、eement.Signed by the Seller(s) and the Estate AgentNote: The parties are to initial every page of this Agreement including the Schedules and any attachments._Signed by Seller *Through the interpretation of_ Signed by interpreter:_Date: Interpreters NRIC No.(3):Date:_Signed by Salesperson for and on
23、behalf of the Estate Agent / Estate Agent(1) (12)Name of *Salesperson / Estate Agent (1): NRIC No.(3):Address:*Salesperson Registration / Estate Agent Licence No.(1): Telephone number:Date:Note: The Estate Agent must provide the original or a copy of this Agreement to the Seller immediately upon sig
24、ning.SCHEDULE 1EXPLANATORY NOTES(1) *means delete if not applicable. All deletions must be initialed by the Seller at the time theyare made.(2) This form of agreement is only applicable if all or part of the property to be sold comprisesresidential property in Singapore.(3) If there is no NRIC No.,
25、please write another number such as FIN, passport or companyincorporation/registration No., as the case may be.(4) To insert full name of the Estate Agent.(5) The Estate Agent is not an exclusive agent and the Seller may also sell the Property himselfor through another agent.(6) Buyer includes a pot
26、ential Buyer.(7) If there is more than one Property, the relevant addresses may be recorded on a separatesheet and attached to this Agreement. Alternatively, a separate agreement may be used foreach Property.(8) An agreement for sale and purchase may take the form of an executed sale and purchaseagr
27、eement 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 Professional Client Care prescribes the Estate Agents andSalespersons duty to disclose and avoid any potential
28、or actual conflict of interest.(11) Where the parties have made any choice above, they may subsequently vary such choice inwriting but such variation must be dated and initialed by the parties. The parties may alsovary the non-prescribed Additional Terms but such variation must be in writing, dated
29、andinitialed 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. Otherwise, if the Estate Agent acting inthe proposed sale of the Property is a natural person, he shall sign and fill
30、in his particulars.If there is more than one such Salesperson or Estate Agent who is a natural person acting inthe proposed sale of the Property, their name(s) and particular(s) shall also be written, ifnecessary, on a separate sheet and attached to this Agreement.SCHEDULE 2DUTIES OF ESTATE AGENTThe
31、 Estate Agent shall:(a) provide reasonable assistance and advice to the Seller throughout the process of sale of theProperty.(b) represent the Seller in negotiations with any prospective Buyer in accordance with hisinstructions.(c) promptly forward to the Seller all offers, proposals or expressions
32、of interest from potentialBuyers or their agents.(d) advance the Sellers interest unaffected by any interest of the Estate Agent, Salesperson orany other person.(e) assist the Seller to enter into a binding agreement for sale and purchase with the Buyer andreasonably explain to the Seller all relevant forms and documents. However, if the EstateAgent is in doubt on any matter, he shall state his doubt and advise the Seller to seek advicefrom appropriate professionals.(f) comply with all reasonable instructions and requests of the Seller in relation to thetransaction.
