Free Real Estate Service Level Agreement Template

Real Estate Service Level Agreement

This Real Estate Service Level Agreement ("Agreement") is made on [Month Day, Year] (“Effective Date”) by and between [Your Company Name], hereinafter referred to as the "Service Provider" and [Client’s Name], hereinafter referred to as the "Client", collectively referred to as the "Parties".

WHEREAS, the Service Provider is engaged in the business of providing real estate services and has the necessary expertise and resources to provide such services;

WHEREAS, the Client is in need of such real estate services and wishes to engage the Service Provider to provide such services;

WHEREAS, the Parties wish to set forth in writing the terms and conditions of their agreement concerning the provision of these services;

NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

I. Subject of Agreement

A. Service Provision

  1. Engagement: The Service Provider, engaging in the Real Estate Service business, agrees to offer such services to the Client. These services are intended to meet the performance standards indicated below, ensuring a high level of quality and professionalism. The Service Provider is committed to delivering these services with the utmost diligence and expertise, leveraging its extensive experience and knowledge in the real estate industry.

  2. Performance Standards: The Service Provider commits to meeting the performance standards outlined in this Agreement. These standards have been designed to ensure the provision of high-quality, reliable, and efficient real estate services. The Service Provider understands the importance of meeting these standards and is dedicated to upholding them in all its service delivery.

  3. Compliance: The Service Provider will comply with all applicable laws, regulations, and industry best practices in the provision of the services. This includes, but is not limited to, laws and regulations related to real estate transactions, consumer protection, and data privacy. The Service Provider recognizes the importance of legal compliance in its operations and is committed to adhering to all relevant legal requirements.

B. Agreement Acceptance

  1. Mutual Agreement: The Client agrees to engage the Service Provider to provide the services and to comply with all terms and conditions set forth in this Agreement. This mutual agreement forms the basis of the contractual relationship between the Parties, and both Parties are expected to fulfill their respective obligations under the Agreement.

  2. Contractual Obligations: Both Parties agree to fulfill their respective obligations under this Agreement, acknowledging that failure to do so may result in legal consequences. Both Parties understand the importance of these obligations and are committed to fulfilling them to the best of their abilities.

  3. Effective Date: This Agreement will take effect on the Effective Date and will continue until terminated in accordance with the termination provisions of this Agreement. Both Parties acknowledge the Effective Date as the start of their contractual relationship and agree to abide by the terms of the Agreement from this date onwards.

II. Services

A. Scope of Services

  1. Service Provision: The Service Provider agrees to render the following real estate services under the terms of this agreement: Selling, Buying, Leasing, Property Management, Appraisals, and other related services. These services encompass a wide range of real estate activities, providing a comprehensive solution for the Client’s real estate needs.

  2. Service Standards: The Service Provider commits to providing these services in a professional, efficient, and timely manner, in accordance with the performance metrics outlined in this Agreement. The Service Provider understands the importance of delivering high-quality services and is committed to upholding these standards in all its operations.

  3. Service Limitations: The Service Provider will not provide any services that are not explicitly included in this Agreement, unless such services are agreed upon in writing by both Parties. This ensures that the scope of services is clearly defined and agreed upon, preventing any misunderstandings or disputes.

B. Service Expectations

  1. Quality Assurance: The Service Provider will strive to ensure that all services provided meet or exceed the performance metrics outlined in this Agreement. This commitment to quality assurance means that the Service Provider will continuously monitor and improve its service delivery processes to ensure the highest standards of service.

  2. Client Satisfaction: The Service Provider will make every effort to ensure the Client’s satisfaction with the services provided. This includes promptly addressing any concerns or issues raised by the Client, and continuously seeking feedback to improve the quality of services.

  3. Continuous Improvement: The Service Provider will regularly review and improve its service delivery processes to enhance the quality and efficiency of its services. This commitment to continuous improvement ensures that the Service Provider stays up-to-date with industry best practices and continuously strives to exceed the Client’s expectations.

III. Performance Metrics

A. Responsiveness

  1. Client Inquiries: The Service Provider will respond to all client inquiries within [24] hours. This ensures that the Client’s questions and concerns are addressed promptly, enhancing the Client’s experience with the Service Provider. The Service Provider understands the importance of timely communication and is committed to providing quick and accurate responses to all inquiries.

  2. Issue Resolution: The Service Provider will resolve any issues or disputes that arise in the course of providing the services within a reasonable timeframe. The Service Provider will keep the Client informed of the progress of issue resolution, ensuring transparency and accountability in its operations.

  3. Communication Channels: The Service Provider will maintain open and effective communication channels with the Client. This includes, but is not limited to, phone, email, and in-person meetings. The Service Provider understands the importance of clear and effective communication in maintaining a positive relationship with the Client and ensuring the smooth delivery of services.

B. Property Showings

  1. Number of Showings: The Service Provider will conduct a minimum of 5 property showings per month. This ensures that the Client’s properties receive adequate exposure to potential buyers or tenants. The Service Provider understands the importance of property showings in the real estate sales process and is committed to conducting these showings in a professional and effective manner.

  2. Quality of Showings: The Service Provider will ensure that all property showings are conducted in a professional and effective manner. This includes, but is not limited to, preparing the property for viewing, providing accurate and comprehensive information to potential buyers or tenants, and following up after the showing. The Service Provider understands that the quality of property showings can significantly impact the success of the real estate sales process and is committed to conducting high-quality showings.

  3. Feedback Collection: The Service Provider will collect and provide feedback from property showings to the Client. This feedback can be used to make improvements to the property or adjust the marketing strategy. The Service Provider understands the value of feedback in the continuous improvement process and is committed to collecting and utilizing feedback effectively.

C. Successful Transactions

  1. Transaction Volume: The Service Provider will aim to complete at least one sale or purchase per quarter. This ensures that the Client’s properties are actively being marketed and sold. The Service Provider understands the importance of transaction volume in the success of the real estate business and is committed to achieving this target.

  2. Transaction Management: The Service Provider will manage all aspects of the transaction process, including negotiation, contract preparation, and closing. The Service Provider will keep the Client informed of the progress of each transaction, ensuring transparency and accountability in its operations.

  3. Client Satisfaction: The Service Provider will strive to ensure the Client’s satisfaction with each transaction. This includes, but is not limited to, achieving the Client’s desired sale or purchase price, ensuring a smooth and efficient transaction process, and resolving any issues or disputes that arise. The Service Provider understands that client satisfaction is key to the success of its business and is committed to ensuring the highest levels of satisfaction in each transaction.

IV. Responsibilities

A. Performance Standards

  1. Meeting Metrics: The Service Provider is responsible for meeting all the stated metrics and standards outlined in this Agreement. This includes, but is not limited to, the responsiveness to client inquiries, the number of property showings per month, and the number of successful transactions. The Service Provider understands that these metrics are a measure of their performance and are committed to achieving them.

  2. Ethical Transactions: The Service Provider is also responsible for handling all transactions legally and ethically. This means conducting business in a manner that is fair, transparent, and in compliance with all applicable laws and regulations. The Service Provider is committed to maintaining high ethical standards in all its dealings.

  3. Confidentiality: The Service Provider is obligated to maintain the confidentiality of the Client’s information. This includes, but is not limited to, personal information, financial information, and details about the Client’s real estate properties. The Service Provider understands the importance of protecting the Client’s information and will take all necessary measures to ensure its confidentiality.

  4. Regular Updates: The Service Provider is responsible for providing regular updates to the Client. This ensures that the Client is kept informed about the status of their properties and any ongoing transactions. The Service Provider is committed to maintaining open and transparent communication with the Client.

B. Quality Assurance

  1. Service Quality: The Service Provider is responsible for ensuring that the services provided meet or exceed the quality standards outlined in this Agreement. The Service Provider will continuously monitor its performance and make necessary improvements to ensure that it delivers high-quality services.

  2. Continuous Improvement: The Service Provider is committed to continuously improving its services and processes to better serve the Client. This includes regularly reviewing its performance, identifying areas for improvement, and implementing necessary changes.

  3. Client Satisfaction: The Service Provider will strive to ensure the Client’s satisfaction with the services provided. This includes promptly addressing any concerns or issues raised by the Client, and continuously seeking feedback to improve the quality of services.

V. Compensation

A. Commission Structure

  1. Commission Rate: The Client agrees to pay the Service Provider a commission of [5]% of the total amount of each successfully closed real estate transaction. This commission rate is agreed upon by both Parties and is intended to compensate the Service Provider for their services.

  2. Payment Terms: The commission will be paid upon the successful closing of each real estate transaction. This ensures that the Service Provider is compensated in a timely manner for their services.

  3. Payment Method: The method of payment will be agreed upon by both Parties. This could include bank transfer, check, or any other mutually agreed upon method.

B. Payment Schedule

  1. Payment Due Dates: The specific due dates for commission payments will be determined based on the closing dates of each real estate transaction.

  2. Late Payments: Any late payments may be subject to interest or late fees as agreed upon by both Parties.

  3. Payment Disputes: Any disputes related to commission payments will be resolved in accordance with the dispute resolution procedures outlined in this Agreement.

VI. Term

A. Agreement Duration

  1. Effective Date: This Agreement will take effect from the date mentioned above. This is the date from which the Service Provider will start providing services to the Client.

  2. Agreement Term: The Agreement will continue for a period of one year, until [Month Day, Year]. During this term, the Service Provider will provide the agreed-upon services to the Client.

  3. Extension: The term of this Agreement may be extended by mutual agreement of both Parties. Any extension will be documented in a written amendment to this Agreement.

B. Termination

  1. Termination by Either Party: Either Party may terminate this Agreement before the end of the term by providing written notice to the other Party. The notice period and any termination fees will be as agreed upon by both Parties.

  2. Termination for Cause: Either Party may terminate this Agreement immediately if the other Party breaches any of its obligations under this Agreement.

  3. Effects of Termination: Upon termination of this Agreement, the Service Provider will stop providing services and the Client will pay any outstanding fees or commissions.

VII. Limitation Of Liability

A. Liability Cap

  1. Liability Limit: The Service Provider’s liability under this Agreement is limited to the payment received from the Client. This means that the Service Provider’s liability for any damages or losses suffered by the Client cannot exceed the amount that the Client has paid to the Service Provider under this Agreement.

  2. Exclusions: In no event shall the Service Provider be liable for indirect, consequential, or incidental damages, or damages for lost profits or revenue. This means that the Service Provider will not be liable for any losses that are not a direct result of the Service Provider’s actions or negligence.

  3. Risk Acknowledgement: The Client acknowledges that the real estate market involves certain risks and that the Service Provider cannot guarantee the outcome of any real estate transaction. The Client agrees to assume these risks and will not hold the Service Provider liable for any losses resulting from these risks.

B. Indemnification

  1. Indemnity: The Client agrees to indemnify and hold harmless the Service Provider from any claims, damages, or losses resulting from the Client’s breach of this Agreement or violation of any laws or regulations.

  2. Legal Defense: If a claim is made against the Service Provider, the Client agrees to provide legal defense or to reimburse the Service Provider for any legal expenses incurred in defending against the claim.

  3. Cooperation: The Client agrees to cooperate fully with the Service Provider in the defense of any claim, including providing any information necessary for the defense of the claim.

VIII. Confidentiality

A. Confidentiality Obligations

  1. Confidential Information: Both Parties agree to keep the terms of this Agreement as well as any confidential and proprietary information received from each other during the course of the Agreement, strictly confidential. This includes, but is not limited to, financial information, business plans, customer lists, and proprietary technology.

  2. Non-Disclosure: Both Parties agree not to disclose any confidential information to any third party without the prior written consent of the other Party. This ensures that sensitive information is protected and only shared on a need-to-know basis.

  3. Protection Measures: Both Parties agree to take all reasonable measures to protect the confidentiality of the information received from the other Party. This includes implementing appropriate physical and electronic security measures.

B. Exceptions

  1. Legal Requirements: If a Party is required by law to disclose confidential information, it may do so. However, the Party must provide prompt written notice to the other Party before making the disclosure. This exception ensures that the Parties can comply with their legal obligations while still providing the other Party with an opportunity to protect its interests.

  2. Public Information: Information that is already publicly available or becomes available through no fault of the receiving Party is not considered confidential. This exception recognizes that the obligation to maintain confidentiality does not extend to information that is already in the public domain.

  3. Independent Development: Information developed independently by the receiving Party without reference to the confidential information is not considered confidential. This exception ensures that the Parties are free to use and disclose information that they develop on their own, even if it is similar to the confidential information.

IX. Breach

A. Breach Consequences

  1. Liquidated Damages: In the event of breach of this Agreement by either Party, the breaching Party shall pay the non-breaching Party a sum of [$10,000] as liquidated damages. This amount represents a reasonable estimate of the damages that the non-breaching Party would suffer in the event of a breach.

  2. Additional Remedies: The liquidated damages are in addition to any other remedies provided by law. This means that the non-breaching Party may seek other legal remedies, such as an injunction or specific performance, in addition to the liquidated damages.

  3. Enforcement: The non-breaching Party has the right to enforce the terms of this Agreement and to seek remedies for breach of contract. This includes the right to take legal action to recover the liquidated damages. This provision underscores the Parties’ commitment to fulfilling their contractual obligations and their recognition of the legal consequences of breach.

B. Dispute Resolution

  1. Negotiation: If a dispute arises out of a breach of this Agreement, the Parties agree to first attempt to resolve the dispute through good faith negotiations. This approach encourages the Parties to communicate openly about the dispute and to seek a mutually acceptable resolution.

  2. Mediation or Arbitration: If the dispute cannot be resolved through negotiation, the Parties agree to attempt to resolve the dispute through mediation or arbitration before resorting to litigation. This provision reflects the Parties’ desire to resolve disputes in a less adversarial and more cost-effective manner than litigation.

  3. Litigation: If the dispute cannot be resolved through mediation or arbitration, the Parties may take the dispute to court. This provision ensures that the Parties retain their right to seek judicial intervention if necessary.

X. Governing Law

A. Legal Framework

  1. Interpretation: This Agreement shall be interpreted in accordance with the laws of the [State Name]. This means that the terms of this Agreement will be understood as they are generally understood under the laws of the [State Name].

  2. Jurisdiction: The laws of the [State Name] will also govern any disputes or legal proceedings that arise out of this Agreement. This means that any legal actions related to this Agreement will be conducted in the [State Name].

  3. Compliance: Both Parties agree to comply with all applicable laws and regulations of the [State Name] in their performance of this Agreement. This underscores the Parties’ commitment to lawful conduct in the performance of their contractual obligations.

B. Dispute Resolution

  1. Venue: Any legal proceedings arising out of or relating to this Agreement will be in the courts located within the [State Name]. Any legal disputes will be resolved in a location that is convenient for both Parties and that is familiar with the governing law of the Agreement.

  2. Consent to Jurisdiction: Each Party consents to the jurisdiction of these courts and agrees to accept service of process by mail. This provision ensures that the Parties can be properly notified of any legal proceedings and that they agree to participate in those proceedings.

  3. Waiver of Objections: Each Party waives any objection to venue or inconvenient forum. Neither Party can object to the chosen venue on the grounds that it is inconvenient or inappropriate.

XI. Signatures

IN WITNESS WHEREOF, the parties hereto have executed this Service Level Agreement as of the Effective Date first above written.

Service Provider

[Authorized Representative Name]

[Your Company Name]

Date: [Month Day, Year]

Client

[Client’s Name]

Date: [Month Day, Year]

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