Agency agreement for the rental of property. Agency contract

Agency contract- this is an agreement under which one party (agent) undertakes, for a fee, to carry out, on behalf of the other party (principal), legal and other actions on its own behalf, but at the expense of the principal or on behalf and at the expense of the principal (Clause 1 of Article 1005 of the Civil Code of the Russian Federation).

In a transaction concluded by an agent with a third party on his own behalf and at the expense of the principal, the agent acquires rights and becomes obligated, even if the principal was named in the transaction or entered into direct relations with the third party for the execution of the transaction (paragraph 2, paragraph 1, art. 1005 Civil Code of the Russian Federation).

In a transaction concluded by an agent with a third party on behalf and at the expense of the principal, the rights and obligations arise directly from the principal (paragraph 3, paragraph 1, article 1005 of the Civil Code of the Russian Federation).

By general rule an agent may enter into a subagency agreement. An agency agreement may establish a ban on concluding such an agreement or, conversely, the obligation of the agent to enter into such an agreement with or without indicating its specific conditions (Clause 1 of Article 1009 of the Civil Code of the Russian Federation).

The agent is obliged to report to the principal in the manner and within the time limits provided for in the contract. If there are no corresponding conditions in the contract, the agent must submit a report as he fulfills the contract or upon termination of the contract. In this case, as a general rule, the necessary evidence of expenses incurred by the agent at the expense of the principal must be attached to the agent’s report (clauses 1, 2 of Article 1008 of the Civil Code of the Russian Federation).

The agent reports to the principal responsible for the actions of the subagent (Clause 1 of Article 1009 of the Civil Code of the Russian Federation).

The agent's report is considered accepted if the principal does not inform the agent of his objections to it within 30 days from the date of receipt of the report, unless a different period is established by agreement of the parties (clause 3 of Article 1008 of the Civil Code of the Russian Federation).

An agency agreement may provide for restrictions on the rights of the principal and agent. Thus, the principal may undertake an obligation not to enter into similar agreements with other agents operating in the territory specified in the agreement, or to refrain from carrying out independent activities in this territory, similar to the activities that form the subject of the agency agreement (clause 1 of Article 1007 of the Civil Code of the Russian Federation).

If the subject of an agency agreement, in which the agent acts on his own behalf, is related to the sale (purchase) of a real estate property in the interests of the principal, then either the principal himself or an agent acting on behalf of on the basis of a notarized power of attorney issued by the principal (clause 23 of the Information Letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated November 17, 2004 N 85).

Essential conditions- subject of the agreement: legal and (or) actual actions that the agent or subagent must perform on behalf of the principal or agent.

The agency (subagency) agreement is paid. If it is missing (Article 1006 of the Civil Code of the Russian Federation):

The condition on the amount of agency remuneration, this amount is determined in accordance with clause 3 of Art. 424 Civil Code of the Russian Federation;

The condition on the procedure for paying agency remuneration, the principal is obliged to pay the remuneration within a week from the moment the agent submits to him a report for the past period, unless a different procedure for paying remuneration follows from the essence of the agreement or business customs.

An agency (subagency) agreement must be distinguished from other intermediary agreements: a mandate agreement (Article 971 of the Civil Code of the Russian Federation) and a commission agreement (Article 990 of the Civil Code of the Russian Federation). First of all, these agreements differ in subject matter: if the powers of an agent may include the commission of both legal and actual actions, then the powers of an attorney are limited to performing legal actions, and the powers of a commission agent are limited to concluding transactions.

An agency agreement can be terminated by the refusal of either party to fulfill the agreement, but only if the agreement was concluded without determining the expiration date of its validity. See contract form

AGENCY AGREEMENT for the sale of residential real estate

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes, on the instructions of the Customer, to take certain actions to find buyers for the Customer’s residential premises, as well as to carry out other actions in agreement with the Customer, corresponding to the parameters established by this Agreement, and the Customer undertakes to pay remuneration for the actions performed by the Contractor.

1.2. Parameters of the residential premises for sale (hereinafter referred to as the Property):

Object type ________________________________________________________; (apartment, residential building, townhouse, etc.)

Selling price from _________________ to ___________________________;

Terms of payment: _____________________________________________;

Requirements for the buyer: _____________________________________;

Possibility of mortgage: ________________________________________;

Residence or presence of other persons in the Property at the time of sale: ______________________________;

Additional terms: _____________________________________.

1.3. Terms of service provision:

2.1. Responsibilities of the Contractor:

2.1.1. Carries out selection of buyers for the Object for the Customer. Notifies the Customer about the most suitable ones.

2.1.2. Conducts an examination of legal and other risks of selling the Property. Checks the accuracy of information about legal and individuals- parties to the transaction.

2.1.3. Prepares drafts of the Property sale agreement and other related documents.

2.1.4. Consults the Customer on market conditions for the sale of residential real estate.

2.1.5. Implements business contacts, is negotiating with potential buyers of the Property.

2.1.10. If necessary, requests and receives from the authorities implementing state registration rights to real estate and transactions with it, and other authorities the necessary information about the Object and rights to it.

2.1.11. Organizes inspection of the Property by buyers.

2.1.13. Carries out state registration of the contract for the sale of the Object.

2.2. The performer has the right:

2.3. The date of execution of this Agreement is the date of its state registration.

3.1. Responsibilities of the Customer:

3.1.2. At the Contractor's request, allow buyers to inspect the Property within the time period agreed with the Contractor.

3.1.3. Together with the Contractor, develop the terms of the agreement for the sale of the Object.

3.1.6. Conduct negotiations with persons intending to purchase the Object only in the presence of the Contractor.

3.1.7. Notify the Contractor in a timely manner, no less than ______ in advance, about the time and place of negotiations on issues related to the sale of the Object.

3.1.9. Consider the Contractor's act submitted in accordance with paragraphs. 2.1.16 of this Agreement, and formalize it or notify the Contractor of your objections to the act within _______ days from the date of its receipt. If there are no objections from the Customer within the period established by this paragraph, the act is considered executed.

3.1.10. Pay the Contractor the cost of services in the manner, terms and conditions established by clauses 4.1 - 4.3 of this Agreement.

3.1.11. Reimburse the Contractor for expenses incurred by him related to the execution of this Agreement in the amount, terms and conditions established by clauses 4.4, 4.5 of this Agreement.

3.2. The customer has the right:

3.2.3. Be present at all negotiations regarding the preparation of the sale agreement for the Property.

4. PRICE AND PAYMENT PROCEDURE

4.1. The total cost of remuneration for the actions performed by the Contractor is ______ (__________) rubles, including VAT _____ (_________) rubles.

4.2. The Customer pays remuneration in the following order: ________________________ (within _____ days after the Parties sign the acceptance certificate for the actions performed by the Contractor/before the Contractor begins to perform actions/part of the remuneration in the amount of ______ (__________) rubles, the Customer pays before the Contractor begins to perform actions (advance payment) , the remaining remuneration in the amount of ______ (___________) rubles is paid by the Customer within _____ days after the Parties sign the acceptance certificate for the actions performed by the Contractor).

4.5. Expenses are reimbursed by the Customer within the time frame and in the manner established by this Agreement for the payment of remuneration (clauses 4.2, 4.3 of this Agreement).

4.6. In case of impossibility of performance due to the fault of the Customer, the remuneration is subject to payment in full.

5. RESPONSIBILITY OF THE PARTIES

5.3. The Party that has not fulfilled or improperly fulfilled its obligations under this Agreement is obliged to compensate the other Party ________________________ (losses in full in excess of the penalties provided for in this Agreement/losses to the extent not covered by the penalties provided for in this Agreement/only losses/only the penalties provided for in this Agreement).

6. FORCE MAJEURE

6.1. The parties are released from liability for failure to fulfill or improper fulfillment of obligations under this Agreement in the event of force majeure circumstances, that is, extraordinary and unpreventable circumstances under the given conditions, which are understood as: ______________________________________________________________ (civil unrest, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters)

6.2. If these circumstances occur, the Party is obliged to notify the other Party about this within _____ days.

6.3. A document issued by ______________________________________________ (Chamber of Commerce and Industry, authorized government body, etc.) is sufficient confirmation of the presence and duration of force majeure circumstances.

7. VALIDITY, CHANGE

8. DISPUTE RESOLUTION

8.2. Disputes that are not resolved through negotiations are referred to the court in the manner prescribed by the current legislation of the Russian Federation.

9. FINAL PROVISIONS

9.1. This Agreement comes into force from the moment it is signed by the Parties.

9.2. This Agreement is drawn up in two copies, one for each of the Parties.

9.3. Attached to this Agreement:

Certificate of services rendered (Appendix No. 1).

Contractor's report.

Power of attorney for the Contractor to represent the interests of the Customer.

9.4. Details and signatures:

Customer executive

AGENCY AGREEMENT for the purchase of residential real estate

Novovsibirsk "___"__________ ____

We refer to__ hereinafter as the “Customer”, represented by ___________________, acting__ on the basis of ___________________, on the one hand, and ___________________, hereinafter referred to as the “Contractor”, represented by ___________________, acting__ on the basis of ___________________, on the other hand, have entered into this Agreement as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes, on the instructions of the Customer, to perform certain search actions non-residential premises for its acquisition by the Customer, as well as to carry out other actions in agreement with the Customer, meeting the requirements established by this Agreement, and the Customer undertakes to pay remuneration for the actions performed by the Contractor.

1.2. Requirements for the required non-residential premises (hereinafter referred to as the Object):

Location ________________________________________________;

Functional purpose ___________________________________;

Square _____________________________________________________;

Volume _______________________________________________________;

Engineering systems and communications ___________________________;

Transport accessibility _____________________________________;

Price from _________________________ to ___________________________;

Requirements for the owner: ___________________________________;

Requirements for neighbors: _______________________________________;

Additional requirements ___________________________________.

1.3. Terms of service provision:

initial date _____________________;

deadline ______________________.

1.4. The Contractor guarantees the absence of contractual and other relations with persons that could influence the execution of this Agreement. The Contractor guarantees its independence and objectivity during the execution of this Agreement.

1.5. The contract is executed at the location of the Contractor (city ____________). If it is necessary to travel to other settlements The Customer pays for travel and accommodation of the Contractor's representatives based on:

Tickets: ______________ or vehicle payment _________________;

Accommodation (hotel): ________ rubles per day;

Meals: ________ rubles per day.

2. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

2.1. Responsibilities of the Contractor:

2.1.1. Carries out selection of Object options for the Customer. Notifies the Customer about the most suitable ones.

2.1.2. Conducts an examination of legal and other risks of acquiring the Object specified by the Customer. Checks the accuracy of information about legal entities and individuals - parties to the transaction.

2.1.3. Prepares drafts of the Property acquisition agreement and other related documents.

2.1.4. Advises the Customer on market conditions for the acquisition of non-residential real estate.

2.1.5. Makes business contacts and negotiates with potential sellers of Objects.

2.1.6. In the interests of the Customer, monitors compliance with the conditions stipulated by the concluded contracts.

2.1.7. Ensures protection of the Customer’s interests by clarifying rights and obligations, as well as legal consequences transactions.

2.1.8. Represents the rights and legitimate interests of the Customer in the transaction.

2.1.9. Ensures the safety of documents received from the Customer for preparing the transaction. Does not disclose information obtained during the transaction, except as required by law.

2.1.10. Requests and receives from the bodies carrying out state registration of rights to real estate and transactions with it, and other bodies, the necessary information about the Real Estate and the rights to them.

2.1.11. Organizes inspection of the Objects by the Customer.

2.1.12. Informs the Customer, upon his request, of all information about the progress of execution of this Agreement and, if necessary, submits the relevant documents (copies of documents).

2.1.13. Carries out state registration of the agreement for the acquisition of the Object.

2.1.14. Executes this Agreement on the most favorable terms for the Customer.

2.1.15. Submit a report on the actions taken ____________________ _____________________________________. (specify the reporting period)

2.1.16. Within _______ days from the date of execution of this Agreement, provides the Customer with a statement and invoice.

Documents confirming the actions and expenses of the Contractor must be attached to the act.

2.2. The performer has the right:

2.2.1. Request and receive from the Customer all documents necessary for the execution of this Agreement.

2.2.2. Make copies of any documents for use in fulfilling obligations under this Agreement.

2.2.3. Use the services of any individuals and legal entities for the purpose of timely and high-quality fulfillment of obligations under the Agreement.

2.3. The date of execution of this Agreement is the date of ______________ (signing/state registration) of the agreement for the purchase of the Object between the Customer and a third party.

3. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

3.1. Responsibilities of the Customer:

3.1.1. Provide the Contractor with the information and information necessary for the execution of this Agreement.

3.1.2. At the invitation of the Contractor, inspect suitable Objects within the time period agreed with the Contractor.

3.1.3. Together with the Contractor, develop the terms of the purchase agreement for the Object.

3.1.4. Provide the Contractor with the necessary powers to execute this Agreement, formalizing this with the appropriate power of attorney.

3.1.5. Receive minutes of negotiations, letters, certificates of work done and other materials from the Contractor.

3.1.6. Conduct negotiations with persons intending to sell the Objects only in the presence of the Contractor.

3.1.7. Notify the Contractor in a timely manner, no less than ______ in advance, about the time and place of negotiations on issues related to the acquisition of the Object.

3.1.8. During the term of this Agreement, do not enter into relations with third parties regarding the subject of this Agreement.

3.1.9. Consider the Contractor's act submitted in accordance with paragraphs. 2.1.16 of this Agreement, and formalize it or notify the Contractor of your objections to the act within ________ days from the date of its receipt. If there are no objections from the Customer within the period established by this paragraph, the act is considered executed.

3.1.10. Pay the Contractor the cost of services in the manner, terms and conditions established by clauses 4.1 - 4.3 of this Agreement.

3.1.11. Reimburse the Contractor for expenses incurred by him related to the execution of this Agreement in the amount, terms and conditions established by clauses 4.4, 4.5 of this Agreement.

3.2. The customer has the right:

3.2.1. Require the Contractor to provide information on the progress of execution of the Agreement, copies of documents confirming the work performed by the Contractor.

3.2.2. Request from the Contractor information about the negotiations conducted, documented in the relevant protocols.

3.2.3. Be present at all negotiations regarding the preparation of the purchase agreement for the Property.

3.2.4. Submit objections to the Contractor's report on the actions performed by him.

4. PRICE AND PAYMENT PROCEDURE

4.1. The total cost of remuneration for the actions performed by the Contractor is ______ (__________) rubles, including VAT ______ (__________) rubles.

4.2. The Customer pays remuneration in the following order: _________________________ (within _____ days after the Parties sign the acceptance certificate for the actions performed by the Contractor / before the Contractor begins to perform actions / part of the remuneration in the amount of ______ (__________) rubles, the Customer pays before the Contractor begins to perform actions (advance payment) , the remaining remuneration in the amount of ______ (____________) rubles is paid by the Customer within _____ days after the Parties sign the acceptance certificate for the actions performed by the Contractor).

4.3. All payments under the Agreement are made by bank transfer using payment orders using the details specified in this Agreement.

4.4. Additionally, the Customer reimburses the expenses incurred by the Contractor:

On _________________________ in the amount of ___________________________;

On _________________________ in the amount of ___________________________.

4.5. Expenses are reimbursed by the Customer within the time frame and in the manner established by this Agreement for the payment of remuneration (clauses 4.2, 4.3 of this Agreement).

4.6. In case of impossibility of performance due to the fault of the Customer, the remuneration is paid in full.

4.7. In the event that the impossibility of performance arose due to circumstances for which neither of the Parties is responsible, the Customer shall reimburse the Contractor for the actual expenses incurred.

5. RESPONSIBILITY OF THE PARTIES

5.1. For violation of the deadlines for the execution of actions by the Contractor (clause 1.3 of this Agreement), the Customer has the right to demand from the Contractor payment of a penalty (penalty) in the amount of _____ percent of the cost of actions not completed on time for each day of delay.

5.2. For violation of the deadlines for payment of remuneration (clause 4.2 of this Agreement), the Contractor has the right to demand from the Customer payment of a penalty (penalty) in the amount of _____ percent of the unpaid amount for each day of delay.

5.3. The Party that has not fulfilled or improperly fulfilled its obligations under this Agreement is obliged to compensate the other Party (losses in full in excess of the penalties provided for in this Agreement/losses to the extent not covered by the penalties provided for in this Agreement/only losses/only the penalties provided for in this Agreement).

5.4. In all other cases of failure to fulfill obligations under this Agreement, the Parties are liable in accordance with current legislation Russian Federation.

6. FORCE MAJEURE

6.1. The parties are released from liability for non-fulfillment or improper fulfillment of obligations under this Agreement in the event of force majeure circumstances, that is, extraordinary and unpreventable circumstances under the given conditions, which are understood as: ________________________________________________________________. (civil unrest, epidemics, blockade, embargo, earthquakes, floods, fires or other natural disasters) 6.2. If these circumstances occur, the Party is obliged to notify the other Party about this within _____ days. 6.3. A document issued by ______________________________________________ (Chamber of Commerce and Industry, authorized government body, etc.) is sufficient confirmation of the presence and duration of force majeure circumstances.

6.4. If force majeure circumstances continue to apply for more than _____, then each Party has the right to terminate this Agreement unilaterally.

7. VALIDITY, CHANGE

AND EARLY TERMINATION OF THE AGREEMENT

7.1. This Agreement is valid for _____ from the date of its conclusion.

7.2. All changes and additions to this Agreement are valid if made in writing and signed by both Parties. The corresponding additional agreements of the Parties are an integral part of the Agreement.

7.3. This Agreement may be terminated early by agreement of the Parties or at the request of one of the Parties in the manner and on the grounds provided for by the current legislation of the Russian Federation.

8. DISPUTE RESOLUTION

8.1. The parties will strive to resolve all possible disputes and disagreements that may arise under this Agreement or in connection with it through negotiations.

Major repairs must be carried out within the period established by the contract, and if it is not specified in the contract or is caused by urgent need, within a reasonable time. All issues not regulated by the legislation of the Russian Federation are determined by the parties in the lease agreement. Issues of VAT taxation Taking into account the provisions of Art. 146 of the Tax Code of the Russian Federation, the obligation to pay VAT to the budget is assigned to the lessor. The tenant, in turn, has the right to deduct the amount of tax indicated in the lessor's invoice, if there is a document confirming the fact that the service provided was accepted for accounting. Such a document may be an act of acceptance and transfer of leased property. In this case, the deduction is provided to the tenant regardless of the state of his settlements with the landlord. Income tax Rental payments for leased property are classified as other expenses associated with production and sales (subclause 10, clause 1, article 264 of the Tax Code of the Russian Federation).

Agency agreement for real estate rental

In the description of these conditions, it is appropriate to indicate everything that seems important to the principal. The area of ​​the city in which the tenant would like to rent an apartment, its size, number of storeys, proximity transport systems and social institutions play an important role. Indicate such items, if they are important to you, in the agreement with the agent.
This will allow you to either get what you want or be aware of changes in the process of searching for housing. The agent is obliged to report to the customer if any condition of the agency agreement cannot be fulfilled and requires revision. The conclusion of a lease agreement by an agent does not require separate consideration.
Compliance with the legality of the transaction is the responsibility of the agent. The principal, having instructed the agent to find rental housing for a fee, only receives the result in the form of an apartment ready for occupancy and duly completed documents.

Agency agreement for concluding premises rental agreements

In the event of a change in the legal, postal or banking details of one of the Parties, the appointment or election of officials entitled to act on behalf of the Parties, or a change in persons responsible for the execution of the agreement, the latter is obliged to notify the other Party about this within working days from the date of such change . Payments and other actions made using the previous details will be considered completed properly until notification of their change is received. 11.4. This Agreement is drawn up in 2 copies having equal legal force, one copy for each Party.
11.5. All annexes, additional agreements, and other documents jointly signed by the Parties on the date of conclusion of the Agreement or in the process of its implementation and attached to it are an integral part of it. 12. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES PrincipalLur.

Agency agreement for real estate rental

Attention

Rent - [amount in figures and words] rub./month; - [type of non-residential premises] with total area[value] sq. m, located at the address: [enter as required]. Rent - [amount in figures and words] rub./month; - [type of non-residential premises] total area [value] sq. m, located at the address: [enter as required]. Rent - [amount in numbers and words] rub./month.

1.3.

Info

The rental of non-residential premises is carried out at the Principal's prices by concluding a rental agreement between the Principal and the tenant found by the Agent. For lease transactions completed by the Agent, the rights and obligations arise directly from the Principal. 2. Rights and obligations of the parties 2.1. The Agent undertakes: 2.1.1.

Carry out agency activities in good faith, with maximum benefit for the Principal. 2.1.2.

Contractual schemes of rental relations

Important

If any force majeure event continues for more than months or if it can be reasonably expected that it will continue for more than months, the Parties must begin negotiations and agree on such changes (additions) to the Agreement that will be necessary to allow the Parties to continue to fulfill their obligations under Agreement on terms that best correspond to the original intentions of the Parties. 8.7. If the Parties do not reach an agreement to amend (add) the Agreement within working days from the start of negotiations, the dispute shall be resolved in accordance with Article 10 of this Agreement. 9. TERM, ENTRY INTO FORCE, TERMINATION OF THE AGREEMENT 9.1.

This Agreement comes into force from the moment it is signed by the Parties and is valid for one year. 9.2.

Agency contract

If the Party referring to these circumstances does not promptly notify the other Party about the occurrence of force majeure circumstances and/or does not provide written confirmation of the fact of their occurrence, then the Party referring to the force majeure circumstances loses the right to refer to them, except in cases where they themselves circumstances prevent timely notification and/or provision of written confirmation. 8.4. A certificate issued by the relevant chamber of commerce and industry or the competent state or municipal body will be documentary evidence of the occurrence of force majeure circumstances. 8.5. The period for fulfilling obligations under the Agreement is increased by the duration of the force majeure circumstances. 8.6.

Agency rental agreement

The trustee, carrying out trust management of property, has the right to perform any legal and actual actions in relation to this property in accordance with the trust management agreement in the interests of the beneficiary. Thus, the landlord has no contractual relationship with the tenant, since contracts are concluded between the agent (trustee) and the tenant. Under the terms of an agency agreement or a property trust management agreement, the entire amount of income received from the use of the property is transferred to the owner of the property, and the owner of the property pays the agency fee or remuneration to the trustee.

If the Principal has any objections to the Agent’s report, the Principal must notify the latter of them within [meaning] days from the date of receipt of the report. Otherwise, the report is considered accepted by the Principal. 5. Confidentiality 5.1. The Parties have agreed to maintain confidentiality any information received by one Party regarding the other during the execution of this instruction.

The confidentiality regime applies to the text of this agreement and its basic terms, as well as to any other information that either Party identifies as confidential before or immediately after it is provided to the other Party. 5.2. Information recognized as confidential in accordance with this agreement cannot include information that is publicly available in accordance with the requirements of Russian legislation. 5.3.

Agency contract. to find a tenant for commercial real estate rental

Renting housing through a representative is a very common practice. Finding an agent who can help you rent or rent an apartment is quite easy. Any real estate agency will undertake to provide such services. Concluding a transaction in this manner requires drawing up an agency agreement for the rental of an apartment, which is signed with the representative carrying out necessary actions. Registration of the agent's powers A separate consideration of such a transaction is required because the person who will live in the rented apartment may not participate in the discussion of the agreement, not be present at its signing, but only move into the apartment around which the rental legal relationship arose. If a citizen is not independently present at any action, then it may well turn out that the result of the transaction does not meet expectations, although formally everything is according to the law.

Agency agreement for renting an apartment sample form

Full name of the legal entity], represented by [position, full name], acting on the basis of [name of document confirming authority], hereinafter referred to as “Agent”, on the one hand, and [full name of the legal entity], represented by [position, full name], acting on the basis of [name of document confirming authority], hereinafter referred to as the “Principal”, on the other hand, and together referred to as the “Parties”, have entered into this agreement as follows: 1. Subject of the agreement 1.1. The Agent undertakes, for a fee, on behalf and at the expense of the Principal, to carry out actions to search for and attract tenants to vacant non-residential premises for concluding contracts. 1.2. The agent searches for tenants for the following non-residential premises: - [type of non-residential premises] with a total area of ​​[value] sq. m. m, located at the address: [enter as required].

Under an agency agreement, one party undertakes to carry out legal and other actions, and the second party agrees to pay a certain amount of money for performing these actions.

The agent can perform the specified actions:

• in one's own name;
• on behalf of the customer.

Important! the agent carries out the actions specified in the contract at the expense of the customer.

An agency agreement may be concluded to implement various actions(for example, to search and attract customers, sell goods and products of the customer, etc.).

Important! The text of the contract must clearly indicate all the actions that the agent must perform. If you do not specify a specific list of actions, then in the future the customer cannot refer to the agent’s lack of certain powers, and it will be very difficult to prove this fact.

If the agency agreement was concluded to search for clients, then it is necessary to clearly indicate all the powers of the agent related to the implementation of these actions. You can also specify the methods and procedure for searching for clients. The Agent can be given the right to conclude an agreement with clients attracted by him. But in this case it is necessary to provide the agent with a power of attorney.

Agent's remuneration

The contract must carefully regulate the procedure for paying remuneration.

Important! It is necessary to fix the order and moment of execution of actions in the contract (from what point exactly the clients are considered attracted).

If an agency agreement was concluded to attract clients, then it is advisable to provide that the agent receives remuneration for each attracted client only when the client concludes the corresponding agreement. In this case, it is necessary to provide for the deadlines for providing information on the number of concluded contracts.

The contract must also stipulate the deadline for making payments. For example, it can be stipulated that the customer is obliged to pay remuneration within 20 days from the date of presentation of the agent’s report.

Next thing to pay attention to Special attention, these are the agent's expenses, i.e. the amount that was spent by him to attract customers. There are 2 options available:

• the amount of expenses is included in the amount of remuneration;
• the amount of expenses is not included in the amount of remuneration and is paid by the customer separately based on the report submitted by the agent.

Privacy Issues

In practice, there are cases when the parties to a contract become aware of facts or data that constitute a commercial, banking or other secret. In such a situation, confidentiality issues must be carefully managed. In particular, it must be provided that the parties are obliged to maintain the confidentiality of information that became known to them as a result of concluding an agency agreement.

It is also necessary to indicate the responsibility of the parties when disclosing secrets. It is also advisable to indicate in the contract exactly what actions can be considered disclosure (for example, providing information to third parties in written or oral form, etc.).

Completed sample document

AGREEMENT
providing agency services for finding clients

______________ "__" ____________ _____ g.

Hereinafter referred to as "Agent",

represented by ___________________________________________________, acting on the basis
/position, full name/

On the one hand and

We shall hereinafter be referred to as “Principal”,
/full name of organization/

Represented by ___________________________________________________, acting on the basis
/position, full name/

On the other side

collectively referred to as the “Parties” have entered into this agreement as follows:

1. Terms and definitions

For the purposes of this Agreement, the following terms are used:

• Client- any physical or entity who wishes to conclude an Agreement with the Principal.
• Agreement - contract for the provision of services, performance of work, sale of goods, which is concluded with the client.

2. Subject of the Agreement

2.1. Under this agreement, the Agent undertakes, for a fee, to perform the following actual and legal actions on the Principal’s instructions on his behalf, in his interests and at his expense:

• search for and attract Clients;
• conclude Agreements with Clients on behalf of the Principal in the form provided by the Principal;
• accept funds from Clients in payment for Work under the Contract to the Principal;
• Carry out other factual and legal actions if appropriate instructions are received from the Principal.

2.2. Agent not entitled/has the right attract subagents.

2.3. Agent not entitled/has the right enter into agreements similar to this one with third parties.

2.4. Principal not entitled/has the right enter into agreements similar to this one with third parties.

3. Responsibilities of the Parties

3.1. The Agent undertakes:

3.1.1. Execute the order in accordance with the instructions of the Principal.

3.1.2. On time no later than next day after concluding a Contract with one or another Client, notify the Principal about this and transfer to him the concluded Contract and all necessary documents.

3.1.3. No later than ____________, transfer to the Principal’s current account the funds received by the Agent from the Clients to the Principal in accordance with the concluded Agreements.

3.1.4. Submit a quarterly report to the Principal on the fulfillment of the instructions contained in this agreement.

3.2. The principal undertakes:

3.2.1. Give the Agent the Agreement form.

3.2.2. Provide the Agent with other information necessary for the latter to effectively carry out the instructions contained in this agreement.

3.2.3. Pay the Agent remuneration in accordance with the terms of this agreement.

4. Agent's remuneration

4.1. The Principal undertakes to pay the Agent a remuneration in the amount of ________ from the amount of each concluded Agreement. The specified remuneration amount includes VAT at the current rate.

9. Disputes and disagreements

9.1. All disputes and disagreements under this agreement will be resolved through negotiations on the basis of current legislation and business customs.

9.2. The parties came to the conclusion that it was necessary to comply with the mandatory pre-trial procedure for resolving disputes. The procedure for resolving disputes is as follows: ________________________________________________________________.

9.3. If controversial issues are not resolved during negotiations, disputes are resolved in court in the manner prescribed by current legislation.

10. Confidentiality.

10.1. The parties undertake not to disclose information that constitutes a trade secret of the other party and has become known as a result of their mutual cooperation.

10.2. In this Agreement, a trade secret means all the terms of this agreement, all appendices to it, as well as any information that has actual or potential commercial value due to its unknown to third parties, to which there is no free access legally and to maintain the confidentiality of which the owner takes all possible measures. Information constituting a trade secret can be transmitted in writing, in the form of photographs, electronically, graphically, or in any other form.

• is already known to the Receiving Party or is publicly known;
• is or becomes publicly known as a result of the improper, negligent or intentional action of the Disclosing Party (the Party transmitting the information to the Receiving Party);
• legally received from third parties without restriction and without violation of this Agreement;
• independently developed by the Receiving Party, provided that the person or persons who developed it did not have access to the trade secrets of the Disclosing Party.

10.4. The Party receiving the information will maintain the same high degree of secrecy to avoid disclosure or use trade secret which the Receiving Party would reasonably observe with respect to its own trade secrets of equal importance.

10.5. The parties undertake to use information constituting a trade secret obtained as a result of cooperation only for the purposes of this cooperation.

10.6. The Parties undertake, after completion of cooperation, not to use the trade secret obtained as a result of cooperation for the purpose of competition with the other Party, as well as for the purpose of causing harm. Also, after completion of cooperation, each Receiving Party returns all documents and other media transferred to it according to the other party within three days from the moment of the first request of the Disclosing Party.

10.7. Under this Agreement, the Parties do not receive any rights to the intellectual property of the other Party.

10.8. If the Receiving Party is found guilty of disclosing a trade secret, the Disclosing Party, at its discretion, has the right to compensate for losses incurred in connection with the disclosure or use of a trade secret or to receive from the Receiving Party a fine in the amount agreed upon in writing when transmitting the information.

10.9. The Receiving Party is not responsible for disclosure of trade secrets if:

• such disclosure was made with the written consent of the Disclosing Party;
• the relevant information was provided at the request of the competent state authorities and/or local authorities.

10.10. The terms of this section come into force from the moment of signing this agreement and are valid for the entire duration of this agreement, as well as for 3 (three) years after the termination of all obligations arising from it.

11. Additional terms and conditions

Additional terms of this agreement are the following provisions:

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

/indicate additional conditions/

All notices and communications must be in writing, registered by post with notification of delivery.

In all other respects not provided for in this agreement, the Parties will be guided by the current legislation of the Russian Federation.

12. Details and signatures of the Parties:

PRINCIPAL			AGENT
_______________ «___________»			_______________ «___________»
legal address:			legal address:
_______________________________ «_______________________»			_______________________________ «_______________________» _______________________/______________

An agency agreement is a type of intermediary agreement along with an assignment and a commission.

An agency agreement is independent species a civil law contract, the legal regulation of which is provided for in the Civil Code of the Russian Federation.

The agency agreement received legal regulation in Chapter 52 of the Civil Code of the Russian Federation. Article 1011 of the Civil Code of the Russian Federation provides that in a case that does not contradict the essence of the agreement, as well as the norms of Chapter 52 of the Civil Code of the Russian Federation, the rules of Chapter 49 of the Civil Code of the Russian Federation on instructions or norms of Chapter 51 of the Civil Code of the Russian Federation on the commission.

Agency contract

for the provision of services

__________________ ___ _______ 20__

__________________________________, hereinafter referred to asPrincipal , represented by _____________________________________, acting on the basis of _____________, on the one hand,

And_______________________________________, hereinafter referred to asAgent, represented by ____________________________________, acting on the basis of _____________, collectively referred to as"Parties" , have entered into this agreement as follows:

1. Subject of the agreement.

1. In accordance with the terms of this agreement, the Agent undertakes, on behalf of the Principal for a fee, to carry out a legal (or actual) action on his own behalf and at the expense of the Principal, to enter into transactions with third parties for the purchase and/or sale of _____________ products (hereinafter referred to as the Goods).

Additionally, the Parties, in their instructions to the Agent, agree on the terms of transactions, the range, type and volume of the Goods purchased and/or sold, the price, terms of purchase and/or sale of the Goods.

1.2. The Agent enters into an agreement with third parties on his own behalf at the expense of the Principal, acquires rights and becomes obligated, even if the Principal is named in the agreements or has entered into direct relations with third parties for the execution of the agreement.

2. Responsibilities of the parties.

2.1. The Agent undertakes:

— protect all (commercial, financial and other) interests of the Principal;

— enter into contracts for the purchase/sale of Goods on its own behalf;

— comply with the Principal’s directives regarding the terms of transactions and settlements thereon;

— immediately inform the Principal about changes in the terms of transactions or about circumstances affecting their execution;

— do not enter into similar Agency agreements with third parties;

— within the terms agreed upon by the parties, provide the Principal with reports on his performance of this Agreement, attaching the necessary evidence of expenses incurred by him;

— assist the Principal in conducting negotiations with third parties and participate in agreeing on the terms of transactions.

2.2. The principal is obliged:

—. clearly and timely inform the Agent about your requirements regarding the conditions for the latter to perform legal and other actions, the conditions for concluding transactions, by sending Orders;

— in case of changes in the terms of execution of transactions or the emergence of circumstances affecting their execution, immediately give the Agent instructions on the order of execution;

— allocate to the Agent necessary funds for the purchase of Goods;

— accept reports submitted by the Agent;

— timely and fully pay the Agent the remuneration, the amount of which is additionally agreed upon by the Parties, as well as pay the Agent the expenses incurred by the latter in connection with the execution of the Principal’s instructions;

— together with the Agent, look for ways to improve work;

— transmit instructions to the Agent to search for a specific counterparty.

3.Order of work execution.

3.1. The Principal sends a written instruction to the Agent to conclude an agreement with third parties for the purchase or sale of the Goods, indicating all necessary conditions transaction, after which the Agent immediately begins work to fulfill the Principal’s instructions.

An instruction can be given by the Principal using postal (telegraph, telephone, electronic, facsimile and other) communications.

3.2. Having completed the order, the Agent is obliged to send the Principal a report on the work done, indicating all the conditions and amounts of the purchased/sold Goods, as well as documents confirming the expenses incurred.

3.3. The Agent draws up and sends a report to the Principal on the work done within _________ calendar days based on the results of the executed order or before the _________ day of the month following the reporting month.

3.4. If there are any objections to the reports, the Principal notifies the Agent about them within _________ days from the date of receipt of the report. If there are no objections within the specified period, the report is considered accepted and approved by the Principal.

3.5. The Principal's Order and the Agent's Report are an integral part of this Agreement.

4. Payment procedure.

4.1. Based on the results of the Principal’s approval of the report on the execution of the order, the Agent is paid a remuneration.

The amount of remuneration is additionally agreed upon by the parties by sending a separate instruction from the Principal to the Agent and/or concluding an additional agreement to this Agreement on the amount (procedure and conditions) of the agency remuneration. If there is no objection from the Agent, the remuneration is established by the Principal and communicated to the Agent in the main order.

Settlements with the Agent can be made both in cash and by transfer of securities and bills.

4.2. The right to receive remuneration for a completed order arises with the Agent after the report is approved by the Principal within the timeframe agreed upon by the Parties.

4.3. The Principal undertakes to reimburse the Agent for all necessary expenses for organizing the transportation of the Goods by transport, organizing the storage of the Goods, as well as other expenses incurred by the Agent in carrying out the Principal’s instructions.

5. Responsibility of the parties.

5.1. The party that has violated its obligations under this agreement must immediately eliminate the violations or take measures to eliminate the consequences. In case of failure to fulfill their obligations, the Parties bear financial liability.

5.2. If losses occur as a result of improper execution of this agreement, the guilty party shall be liable in the amount of the unreasonable damage.

5.3. All disputes under this agreement are resolved through negotiations.

5.4. If it is impossible to resolve possible disputes under this agreement or in connection with it through negotiations, such disputes will be considered in the Arbitration Court of _____________.

6. Force majeure.

6.1. If force majeure circumstances occur, as a result of which it becomes impossible for any of the Parties to fully or partially fulfill their obligations under this agreement, namely: fire, natural disasters, accidents, military operations of any nature, bans and restrictions on import-export operations, orders and prohibitions state bodies or other circumstances beyond the control of the parties, the deadline for execution is extended in proportion to the time during which such circumstances will remain in effect.

6.2. A party for which it is impossible to fulfill its obligations under this agreement due to force majeure circumstances must, no later than 5 calendar days after their occurrence, notify the other party of the expected duration and termination of the above circumstances.

7. Final provisions.

7.1. This agreement comes into force from the moment it is signed by the Parties and will be valid until “__”____________20__. Its validity period is automatically extended for a similar period if neither party notifies the other of the cancellation of the Agreement __________ before the date of its termination.

7.2. This agreement may be terminated within ____________ days after one of the parties provides written notice in the event of failure by the other party to fulfill its obligations under the agreement.

7.3. All annexes to this agreement are its integral parts.

We, (full name), on the one hand,

and (full name), on the other hand,

have entered into this agreement as follows.

If any force majeure event continues for more than months or if it can be reasonably expected that it will continue for more than months, the Parties must begin negotiations and agree on such changes (additions) to the Agreement that will be necessary to allow the Parties to continue to fulfill their obligations under Agreement on terms that best correspond to the original intentions of the Parties. 8.7. If the Parties do not reach an agreement to amend (add) the Agreement within working days from the start of negotiations, the dispute shall be resolved in accordance with Article 10 of this Agreement. 9. TERM, ENTRY INTO FORCE, TERMINATION OF THE AGREEMENT 9.1. This Agreement comes into force from the moment it is signed by the Parties and is valid for one year. 9.2.

Agency agreement for real estate rental

Final provisions 9.1. This agreement comes into force from the moment of its signing and is valid until the Parties fully fulfill their obligations. 9.2. All changes or additions to this agreement are valid if they are signed by authorized persons of both Parties. 9.3. This agreement may be terminated early on the grounds provided for by the Civil Code of the Russian Federation.
9.4. Statements, notices, notifications, demands or other legally significant messages with which the agreement associates civil law consequences for the Parties to this agreement, entail such consequences for this person from the moment the corresponding message is delivered to the Party or its representative. Legally significant messages must be transmitted by [enter as necessary - postal, fax, electronic communication].

Agency agreement for concluding premises rental agreements

The moment of provision of services under this Agreement is determined by the date specified in the Report Act, in accordance with Appendix No. 4.3. The remuneration is paid in a lump sum by transfer Money to the Agent's bank account no later than banking days from the moment the Client transfers funds for the right to use the Premises in the amount of at least 2 months' rent for the Premises and the signing of the Report by the Parties. 4.4. In case of prolongation of the Premises Lease Agreement, as well as in the case of concluding a Premises Lease Agreement with the Proposed Client or an affiliated person for the second and subsequent lease terms, re-payment of the Remuneration to the Agent is not made.

5. PROCEDURE FOR SIGNING THE ACT OF REPRESENTATION OF THE CLIENT AND THE AGENT'S REPORT 5.1.

Agency contract

Attention

RESPONSIBILITY OF THE PARTIES 7.1. For failure to fulfill or improper fulfillment of obligations under the Agreement, the Parties are liable in accordance with the current legislation of the Russian Federation and the terms of the Agreement. 7.2. The Parties are not responsible for failure to perform or improper performance of their obligations under the Agreement if such failure or improper performance is caused by the other Party’s violation of its obligations under the Agreement. The parties also are not responsible for failure to fulfill or improper fulfillment of their obligations under the Agreement if this is caused by force majeure circumstances.

8. FORCE MAJEURE CIRCUMSTANCES 8.1.

Lease of non-residential premises on the basis of an agency agreement sample

Important

Agent, at least (hereinafter under the Civil Code)).- The Tenant violated the payment obligation and the Agent demanded (but he could NOT have demanded) to pay a fine (for symmetry, let’s take the same 100 million rubles). In whose pocket? And here for some reason opinions differ! What is the difference in these situations? IMHO the approach should be symmetrical. Then the picture will come together. Attribute the fine to additional income It seems to me that it’s also not good (although maybe someone has seen it in practice).

This is if the Principal agreed to rent for 100 rubles, and the Agent rented it out for 150 rubles. - then really extra. income. In addition, as goodwin correctly noted, the Agent has his own responsibility to the Principal. #19 IP/Host: 95.26.180. Registration date: 09/01/2015 Messages: 17 Re: Renting premises and agency Message from Valery2010 IMHO the approach should be symmetrical.

Contractual schemes of rental relations

D/s with the tenant and Agency Agreement. Colleagues, I would like to clarify whether I am thinking in the right direction or have I completely gone into the wrong steppe? #22 IP/Host: 195.218.173. Registration date: 06/25/2008 Messages: 1,919 Re: Renting premises and agency Before implementing such a scheme, you definitely need to consult with specialists. I’m afraid that you will not achieve results. I’m not one of them. Some questions: what is the subject of the agency agreement? How will rental payments be paid? I don’t understand what the additional agreement (No. 2) gives to the lease agreement? Is the lease agreement preserved or terminated ?The legality of leasing premises by someone other than the owner is questionable, Article 608 of the Civil Code #23 IP/Host: 83.220.57.

Registration date: 12/14/2016 Messages: 13 Re: Renting premises and agency Message from goodwin Before implementing such a scheme, you definitely need to consult with specialists.

Agency contract. to find a tenant for commercial real estate rental

Under a transaction made by an agent with a third party on his own behalf and at the expense of the principal, the agent acquires rights and becomes obligated, even if the principal was named in the transaction or entered into direct relations with the third party for the execution of the transaction. If a transaction is made by an agent with a third party on behalf and at the expense of the principal, the rights and obligations arise directly from the principal. Trust management Under a property trust management agreement, one party (the management founder) transfers property into trust management for a certain period of time to the other party (the trustee), and the other party undertakes to manage this property in the interests of the management founder or the person specified by him (the beneficiary).
At the same time, the transfer of property into trust management does not entail the transfer of ownership of it to the trustee.

Agency agreement for renting a building

The parties are released from liability for partial or complete failure to fulfill obligations under the Agreement if it was the result of force majeure circumstances, namely: floods, earthquakes or other natural disasters, wars, strikes, decisions of government authorities, and other circumstances beyond the control Parties, if these circumstances directly affected the execution of the Agreement. 8.2. The Parties are obliged to notify each other of the occurrence of force majeure circumstances and their expected duration within working days after the occurrence of these circumstances. Within months after the occurrence of force majeure circumstances, the Party citing these circumstances must provide the other Party with documentary evidence of the occurrence of force majeure circumstances.
8.3.

Agency agreement to find a tenant for renting commercial real estate

I’m afraid that you will not achieve results. I’m not one of them. Some questions: what is the subject of the agency agreement? How will rental payments be paid? I don’t understand what the additional agreement (No. 2) gives to the lease agreement? Is the lease agreement preserved or terminated ?The legality of leasing premises by someone other than the owner is questionable, Article 608 of the Civil Code 1/ The subject is leasing the premises on one’s own behalf, but at the expense of the owner 2. The rent is paid to us, and we spend money on the owner and receive a reward for this 3. Since We now have a sublease agreement, so as not to enter into a new one and not to terminate the current one (the Tenant is not a resident and the translation of documents will take a long time), we conclude a D/s about changing the clause on the basis of which we act (not a lease agreement with the owners, but an agency agreement).
Select a personal broker for the sale of the Premises, whose responsibilities will include:

• display of the Premises with the obligatory completion of the Inspection Report by the parties;
• Receiving direct calls based on the results of advertising the Premises.

2.1.10. If the Client, attracted by the Agent and who has entered into a lease agreement for the Premises, terminates the lease agreement earlier than months from the date of its conclusion, the Agent undertakes, without additional payment from the Principal, to find a new Client within months who is ready to enter into a Lease Agreement. If the lease agreement for the Premises is not concluded within the specified period, the Agent undertakes to pay the Customer a fine in the amount of a share of his Remuneration under this Agreement, which is calculated in proportion to the remaining number of months before the expiration of the first months of the lease term under the Lease Agreement.

Major repairs must be carried out within the period established by the contract, and if it is not specified in the contract or is caused by urgent need, within a reasonable time. All issues not regulated by the legislation of the Russian Federation are determined by the parties in the lease agreement. Issues of VAT taxation Taking into account the provisions of Art. 146 of the Tax Code of the Russian Federation, the obligation to pay VAT to the budget is assigned to the lessor. The tenant, in turn, has the right to deduct the amount of tax indicated in the lessor's invoice, if there is a document confirming the fact that the service provided was accepted for accounting. Such a document may be an act of acceptance and transfer of leased property. In this case, the deduction is provided to the tenant regardless of the state of his settlements with the landlord. Income tax Rental payments for leased property are classified as other expenses associated with production and sales (subclause 10, clause 1, article 264 of the Tax Code of the Russian Federation).
Provide the Principal with a report on the work done under this agreement. 2.1.10. Provide the Principal with an estimate of the costs associated with the execution of this agreement, supported by documents. 2.1.11. Ensure the safety of the documents transferred by the Principal and return them after the expiration of this agreement. 2.2. The Principal undertakes: 2.2.1. Provide to Agent full information about the Principal’s real estate objects in the form of photographs and text descriptions for each object. 2.2.2. Provide the Agent with information about the Principal himself to provide it to the tenants. 2.2.3. Inform the Agent about all circumstances that may affect the execution of this agreement. 2.2.4. Grant the Agent, for the entire term of this agreement, the right to carry out marketing and organizational activities related to the search for potential tenants. 2.2.5.