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Exclusivity Agreement template
Exclusivity Agreement sample


What is Exclusivity Agreement?

Exclusivity Agreement An Exclusivity Agreement grants exclusive rights to a party for specific purposes, specifying the scope of exclusivity, duration, and any exceptions or limitations.



Sample template:



EXCLUSIVITY AGREEMENT


This Exclusivity Agreement (the "Agreement") is entered into as of the date last signed below (the "Effective Date"), by and between the undersigned property owner ("Owner") and Premium Realty Group, a real estate agency ("Agent"), (collectively, the "Parties").

1. EXCLUSIVE RIGHTS

1.1. Grant of Exclusive Rights


Owner hereby grants Agent the exclusive right to represent, market, and sell the high-end luxury property located at [Full Address], in the Sunset Heights community (the "Property"), during the Term (as defined below) of this Agreement. For the duration of this Agreement, no other real estate agency, agent, broker, or representative shall have the right to market, advertise, sell, or lease the Property.


1.2. Scope of Representation


Agent's exclusive right to represent the Owner and the Property shall include, but not be limited to, the following services: listing the Property on multiple listing services, advertising and marketing the Property, arranging and conducting property showings, negotiating offers, facilitating the transaction, and all other actions reasonably necessary to effectuate the sale of the Property.



2. DURATION

The term of this Agreement shall commence on the Effective Date and continue for a period of one (1) year, unless earlier terminated in accordance with the provisions herein (the "Term"). The Parties may mutually agree, in writing, to extend the Term for additional periods of time.



3. EXCEPTIONS

3.1. Pre-Existing Contracts and Negotiations


This Agreement shall not apply to any contract or negotiation, written or oral, between Owner and any third party, which pre-dates the Effective Date, provided that Owner gives Agent written notice of such pre-existing contract or negotiation within ten (10) days after the Effective Date.


3.2. Personal Contacts and Referrals


Owner may directly negotiate and complete a transaction with any person or entity that it can demonstrate was a personal contact or referral made prior to the Effective Date, provided that Agent is informed in writing of such contact or referral, and provided further that no commission or other form of remuneration is payable to Agent in connection with such transaction.



4. LIMITATIONS ON EXCLUSIVE RIGHTS

Agent acknowledges and agrees that its exclusive rights under this Agreement are subject to the following limitations:


4.1. Owner's Right to Terminate


Owner shall have the right to terminate this Agreement at any time with or without cause upon thirty (30) days' written notice to Agent. Upon termination, any rights granted to Agent under this Agreement shall immediately and automatically revert to Owner, and Agent shall cease all marketing, advertising, and other activities related to the Property.


4.2. Agent's Performance


Nothing in this Agreement shall preclude Owner from terminating the Agreement if Agent fails to diligently and competently perform its duties and obligations hereunder, including but not limited to marketing, advertising, and otherwise promoting the sale of the Property in accordance with recognized professional standards in the real estate industry, with such termination to be effective upon thirty (30) days' written notice to Agent.


4.3. Legal Compliance


All rights granted to Agent under this Agreement are subject to compliance with all applicable federal, state, and local laws, ordinances, and regulations, as well as any applicable rules and regulations of any industry association or organization to which Agent belongs.



5. GOVERNING LAW AND COMPLIANCE

This Agreement shall be governed by and construed in accordance with the laws of the United States and the state in which the Property is located, without regard to conflicts of law principles. The Parties agree to abide by all applicable laws, ordinances, and regulations in performing their respective duties and obligations hereunder.



6. MISCELLANEOUS

6.1. Entire Agreement


This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, oral or written. Any amendment or modification of this Agreement shall be effective only if in writing and signed by both Parties.


6.2. Severability


If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall not be affected or impaired in any way, and the Parties agree to submit to such court for a determination of a valid, legal, and enforceable replacement for the invalidated provision, which most closely approximates the intent of the Parties.


6.3. Binding Effect


This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns.


6.4. Counterparts


This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.



IN WITNESS WHEREOF, the Parties have executed this Exclusivity Agreement as of the Effective Date.

________________________ ________________________
[Owner's Name], Owner Premium Realty Group, Agent
Date: ___________________ Date: ___________________

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Sections of an Exclusivity Agreement


In this Exclusivity Agreement, you will see the following sections:

  1. Exclusive Rights
  2. Duration
  3. Exceptions
  4. Limitations on Exclusive Rights
  5. Governing Law and Compliance
  6. Miscellaneous


Summary of the sections:

  1. Exclusive Rights : This section grants the Agent the exclusive right to represent, market, and sell the specified property during the agreement's term. It also outlines the scope of the Agent's representation, including listing the property, advertising, and negotiating offers.

  2. Duration : This section states that the agreement will last for one year from the effective date, with the possibility of extension if both parties agree in writing.

  3. Exceptions : This section outlines exceptions to the exclusivity, such as pre-existing contracts or negotiations and personal contacts or referrals made before the agreement's effective date. The Owner must inform the Agent of these exceptions in writing.

  4. Limitations on Exclusive Rights : This section details the limitations on the Agent's exclusive rights, including the Owner's right to terminate the agreement, the Agent's performance requirements, and legal compliance. The Owner can terminate the agreement if the Agent fails to perform their duties or comply with applicable laws.

  5. Governing Law and Compliance : This section states that the agreement will be governed by the laws of the United States and the state where the property is located. Both parties must abide by all applicable laws, ordinances, and regulations.

  6. Miscellaneous : This section covers various miscellaneous provisions, such as the entire agreement clause, severability, binding effect, and counterparts. It states that the agreement contains the entire understanding between the parties and can only be amended in writing and signed by both parties.

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