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Mrudula (legal Practice in property and Labour laws)     02 July 2009

Marketing Agreement for Real estate

Sir

Please provide the Format containing the terms and conditions of Marketing agreement (MOU) OF apartments/bungalows, in favour of Real estate company.

Regards

Mrudula



Learning

 2 Replies

kranthi kiran (Works In Judicial Department)     07 September 2009

Dear Mrudula

find herwith such format. make necessary alterations wherever required

AGREEMENT
 
 
This Deed of Agreement is made on this the _____ day of July 2009 at_____________ between
 
 
 
          (Hereinafter called the “Company” of the One Part:)  and
 
Mr.______________ S/o ______________ Aged about ___ Years, Occ:_____________ R/o__________________
 
          Hereinafter called the “Agent” of the Other part.
 
WHEREAS the Company is in the business of “Real Estate” and is interested in appointing a commission agent at U.S.A, for procuring the bookings for sale of its products, i.e., retail assets i.e., Open Plots, Houses and Villas etc being developed by it, in INDIA.
 
AND WHEREAS the agent has approached the COMPANY to appoint him as his Commission Agent.
 
NOW THIS AGREEMENT WITNESSES AS UNDER
 
1.       That the COMPANY appoints the agent as its Commission Agent for procuring the booking, for sale of its products i.e., retail assets i.e., Open Plots, Houses and Villas from the Prospective Customers in the areas of U.S.A and other parts of the Globe.
 
2.       That the agent shall get a commission of 8% on the total sale consideration of the each Plot/Villa/House, for which he has procured the Order/Booking and the same shall be paid to him as under
 
          i).       On receiving the booking amount/ allotment price --- 2 %
                   by the Company
 
          ii)       On receiving the Total Sale Consideration              ---- 2%
         
          iii)      On conclusion of sale, by Registering the Document ---- 4%
                   in favour of the purchaser
 
 
       3.       His commission shall be payable, with deduction of the amount, which he is        liable to pay under the Income-Tax Laws for the time being in force.
 
4.       The said _____________here by undertakes and guarantees, to the Company to keep the Company harmless and indemnified for all losses, damages, costs and charges, that it might incur due to any wrongful acts, malaise acts, negligent acts or gross dereliction of duties on his part.
 
5.       This agreement is valid for (   ) Years and renewable on mutual terms and conditions for successive periods as agreed from time to time.
 
6.       The Company shall have the right to terminate this agreement without any prejudice to any other remedy, for any breach or non-performance of any part of this agreement namely:
 
          (a).     If the agent is found guilty of breach of any provision of this                                        agreement or is found guilty of misconduct or negligence of his   duties.
 
          (b)     If the agent commits any act of bankruptcy
 
7. The said ____ shall not engage him self in any business which of competition to the business of Company during his tenure with the Company.
 
8.       He shall perform his duties and functions under the direction, supervision and control of the Board of Directors of Company.
 
9.       He shall duly account for all moneys of the firm, if any, coming into his hands, and the accounts shall be shown to the Company on demand.
 
10.     That during the currency of this agreement the agent shall work honestly and diligently in increasing the sales of the Company.
 
11.     That if any dispute arises between the parties herein regarding this agreement, the same shall be settled by the sole arbitrator duly appointed by the Company.
 
       12.     That on termination of this agreement, the agent shall handover the                  Company’s        cash held with him if any, and other documents and papers etc, with         in seven days from the date of termination.
 
We the above mentioned parties have signed this agreement in the presence of following witnesses.
 
WITNESSES
      
                                                                                                       Director
1                                                                                  
 
2.    
                                                                                                       Agent
 
 
 
 
 
 
 
 
 
 


 
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