Selector de Idioma

Spanish

  • Spanish
  • English

Selector de Idioma

ES

  • ES
  • EN

Exclusivity contract real Estate: Everything you need to know

Day-to-day, more businesses are introduced in the exclusivity of real estate to ensure that it is a benefit for both buyers and sellers. But there are always exceptional cases where there are notes discrepant you confirm that you are unbalanced and that the salespeople in the unfair contract terms.

What is the exclusive real estate?

The exclusive real estate is referred to as the agreement between the estate agency and a property owner approves, exclusively, the rights of the sale of the property by a certain time.

When an owner decides to put their property on sale, you have the following options:

  • Manage the operation on your own, assuming the inconveniences that may arise.
  • Leave the job to a real estate.

Certain real estate agencies and pose an exclusive contract to sell a property in which the seller and the real estate agent is committed to perform a set of clauses, where it is confirmed that the seller does not offer housing in another agency.

In this clause of exclusivity real estate, detailing certain aspects important about the relationship between the seller and the real estate:

  • The seller promises to give exclusivity to the real estate.
  • The agency promises to advertise the sole and exclusive property to achieve your sale as soon as possible.
  • The seller may not bid the housing out of the estate with which it has agreed.
  • The agency takes a commission in the event the property is sold.
  • Should determine the duration of the contract, which is usually a year.

Advantages and disadvantages of signing an exclusivity contract:

Advantages of the exclusive real estate:

1 - Speed in the sale of the property:

The time it takes to sell a property by means of an exclusivity contract with a real estate agent is between three to six months. The duration of the sale process depends on several factors such as: the location of the property, its features, the interest in the marketing, investment or demand that you have at the moment.

2 - Best price for the apartment:

Really, the price is given for the sale of a property is, according to the advocacy of the time; however, the exclusivity guarantee that the property is sold at a single price in the market, which has more clarity and transparency to buyers.

3 - Warranty and safety of the real estate process:

Contracts with exclusivity are intended to protect the interests of the sale so that, in order to guarantee and provide security, the real estate agent responsible must release the property to 100%, both the legal issue as to their characteristics. In the same way, you must first collect information and then advise you as to the price, the market, the competition, the services it offers, among others, but, above all, of the responsibilities and obligations agreed.

4 - Filter customers:

The real estate agent does a thorough qualification of the buyer. Having a brokerage agreement with exclusivity can not miss the time to meet with any client who's just looking to view properties, but to date only those who have the ability to buy and are determined to do so.

Disadvantages of the exclusive real estate:

1 - Relationship of permanence between the agent and the owner:

Selling a property through this type of contract is to maintain a relationship of permanence with the real estate agent. The period of this relationship is subjective, but usually lasts between six months to a year. Because of this, it is best not to keep a very, very long, as the agent holds the pressure that you may lose the sale of the property, providing efficiency and agility to the marketing of this.

2 - Cost of intermediation service:

It is important to take into account the fees charged by real estate agents for carrying out the work of intermediaries. This cost can vary between 3% and 5% of the final price of the property sold.

3 - legal Consequences to a lack of the contract:

The exclusivity contract involves the signing of a contract that does not seek to promote the seller that the agent has a property to sell it in a way that neither the owner nor other agents to achieve influence on the validity of the brokerage contract. Because of this, if there is any fault, the seller could be denounced and condemned to bear the fees of the agent, plus interest and the costs of such a breach.

4 - Access to the owner's property:

Selling a property with exclusivity is for the seller to maintain a relationship of trust with your real estate agent, which many people don't agree with that. So, the agent must visit the housing, usually, when the owner is not this. In addition, you must advertise the property and to mediate the final price.

Scroll to Top