Real Estate Agency Agreement

This real estate agency agreement is made between   (ID No.  ) as the Seller and Asset Link Finance & Assets, of Nairobi, Kenya, as the Agent.

WHEREAS the Seller is the legal owner or lawful occupier of, and has all rights to sell, the property located at  , Title Deed / Reference No.   (“the Property”).

WHEREAS the Agent has experience in marketing, advertising, selling and letting real estate property and has expressed an interest in providing these services for the Seller.

Grant of rights

The Seller grants the Agent the right to source a buyer for the Property. This appointment is non-exclusive: the Seller retains the right to source a buyer independently or through other agents.

Services

The Agent may market, advertise and negotiate the sale of the Property on behalf of the Seller, but the Seller retains the right to accept or decline any offer.

Any offer deemed valid shall be reported to the Seller within 7 days, and it shall be at the Seller’s discretion to accept or decline it.

Services performance

The Agent shall be considered an independent contractor and will be responsible for all personal and travel expenses incurred, including managing hours worked, to fulfil the obligations of this agreement.

Payment

The Seller agrees to pay the Agent a commission of 5% of the selling price.

The Agent’s commission shall be payable only upon the buyer sourced by the Agent having fully paid and signed the sale agreement. No commission is payable on a sale the Agent did not source.

Seller’s warranties

The Seller warrants that they are entitled to sell the Property, that the particulars and documents they supply are true and accurate, and that they will inform the Agent promptly if the Property is sold, withdrawn or otherwise becomes unavailable.

Indemnification

The Agent agrees to hold the Seller harmless from any legal costs or judgments that may result from the negligence of the Agent or any employees related directly to the Agent.

The Seller agrees that the Agent shall be held harmless from any court or legal proceedings that may result from the Seller’s direct negligence, or from any defect in the Seller’s title to the Property.

Assignment

No portion of this agreement may be transferred or otherwise delegated without prior written consent between the Parties.

Confidentiality and data protection

The Agent agrees to keep all information deemed confidential and not necessary for the selling of the Property private. Any needed disclosure of confidential information shall be provided to the Seller for approval prior to that disclosure taking place.

Personal data supplied under this agreement is handled in line with the Data Protection Act, 2019 and the Agent’s privacy policy. It is used only to market the Property and progress a sale, kept no longer than necessary, and never sold.

Return of property

Upon the conclusion or termination of this agreement, the Agent will return any information pertaining to the sale that is in their custody.

Term and termination

This agreement runs from the Effective Date until either Party terminates it by giving   days’ written notice. Termination does not affect the Agent’s right to commission on a sale to a buyer the Agent introduced before termination.

Amendment

This agreement may be amended with prior written consent between the Parties.

Severability

In the event of any provision of this agreement being found unenforceable or illegal, the Parties will work together to agree on a similar enforceable term. All remaining provisions will remain in full effect and shall not be altered or removed.

Applicable law

This agreement shall remain under the jurisdiction of the laws of Kenya.

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

This is Asset Link’s standard template. Nothing is binding until both Parties sign a copy. You are free to have your own advocate review it first — we recommend it.