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BCA PROPERTIES PARTNER AGREEMENT

REAL ESTATE CONSULTANT AND BROKERAGE AGREEMENT

This Real Estate Consultant and Brokerage Agreement and Exhibits attached hereto (together, the “Agreement”) is made and entered into as of and with effect as of ________________ [submission date], (the “Effective Date”) by and between;

 

Mr/Mrs/Ms/Other _____with N.R.C. / Passport ID No.: __________ (herein referred to as “Real Estate / Property Consultant“)

 

and

 

Blackwell Consulting Allianz Investments Limited, herein referred to as “Company” or “BCA” or “BCA Properties”.

(Collectively referred to as the “Parties” and each as a “Party”)

NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL AGREEMENTS HEREINAFTER CONTAINED, AND OTHER GOOD AND VALUABLE CONSIDERATION THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, THE PARTIES HERETO, INTENDING LEGALLY TO BE BOUND HEREBY, AGREE AS FOLLOWS:

1.     Purpose:

The Parties hereby agree to co-market any real estate by BCA Properties and real estate brought to BCA Properties by Real Estate Consultant on a non-exclusive basis for the purpose of performing the duties listed in Exhibit A hereto (the “Duties”) in such manner as set out in this Agreement and Exhibits contained in Agreement. The Parties hereby agree to perform the Duties and act in accordance with the terms and conditions of this Agreement and Exhibit A.

2.     Term:

This Agreement shall become effective as of the Effective Date and will continue in perpetuity for any real estate sold or let through BCA Properties by the Real Estate Consultant.

3.     Territory:

The Territory of this Agreement Shall Be Limited to The Republic of Zambia Only.

4.     Compensation:

In consideration of the mutually beneficial services hereunder, the Parties shall share the gross revenue from commissions whenever received. This will be due and payable to the Parties in connection with any real estate transaction, be it sells or rentals, closed or resulting from efforts of both parties in this Agreement.

Gross revenue will be shared as follows; 50% of gross commission revenue to BCA Properties and 50% gross commission revenue to Real Estate Consultant.

5.     Taxes:

  • Real Estate Consultant solely responsible for taxes. The Real Estate Consultant acknowledges that Real Estate Consultant is not BCA Properties’ employee and that Real Estate Consultant is solely responsible for reporting and paying any tax or other cost assessed on the basis of compensation to the Real Estate Consultant under this Agreement.
  • BCA Properties will not withhold taxes. The Real Estate Consultant acknowledges and agrees that the Principal will not withhold any amount of compensation for the Real Estate Consultant’s taxes, including but not limited to income tax, National Pension Scheme Authority (NAPSA) taxes or costs, Workers’ Compensation Fund (WCF) taxes or costs, unemployment compensation taxes or costs, or any other tax, cost, fee, or charge related to Real Estate Consultant’s compensation for services under this Agreement.

6.     Expenses:

The Parties agree to cover all costs and expenses independently of the other, and that neither Party shall hold responsible the other Party for any costs and expenses under this Agreement.

7.     Termination:

This Agreement may not be terminated by either Party, by Selling or Letting Real Estate through BCA Properties, The Real Estate Consultant remains bond by this Agreement regardless of means used to Submit Real Estate to BCA Properties. This is Applicable to Any Real Estate Sold, Rented or Let through BCA Properties by Real Estate Consultant.

8.     Amendments:

This Agreement may be amended only with the unanimous written consent of both Parties.

9.     Parties’ Representations and Warranties:

The Parties hereby represent and warrant that:

  • Authority. Each Party is a legally existing individual or entity with the authority to enter into this Agreement.
  • Compliance with Law. Each Party warrants that it has complied and will comply fully with all applicable laws, regulations, statutes, and ordinances.

10.  Indemnification:

Each Party will indemnify, hold harmless, and defend the other Party from and against any and all claims, litigations, losses, liabilities, costs, and other expenses incurred as a result of a material breach of the terms of this Agreement. The Real Estate Consultant will indemnify and hold harmless BCA Properties (including its directors, officers, lawyers, and employees now and in the future) from any claims, liability, judgments, damages, or costs (including reasonable legal fees) asserted or awarded against or incurred by BCA Properties as a result of any act, error, or omission of the Real Estate Consultant.

11.  Relationship of Parties:

The Real Estate Consultant is an independent partner and is not an employee of BCA Properties.

12.  No Implied Waiver:

The failure of either Party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be a waiver of such Party’s right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.

13.  Notice:

Any notice or other communication provided for herein or given hereunder to a Party hereto shall be in writing and shall be given in person, by overnight courier, or by mail (registered or certified mail, postage prepaid, return receipt requested) to the respective Party as follows:

 

If to BCA Properties:

Email: info@bcaproperties.com

Call / WhatsApp Message: +260962117516

 

If to Real Estate Consultant:

Email: [As Provided in Sign-Up]

Call / WhatsApp: [As Provided in Sign-Up]

14.  Governing Law:

This Agreement shall be governed by the Laws of the Republic of Zambia.

15.  Severability:

If any provision of this Agreement is held by a court of law to be illegal, invalid or unenforceable for any reason,

  • that provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision, and
  • the legality, validity, and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.

16.  Entire Agreement:

This Agreement constitutes the entire understanding between the Parties concerning its subject matter and supersedes all prior discussions, agreements, and representations, whether oral or written, and whether or not executed by either Party. No modification, amendment, or other change may be made to this Agreement unless reduced to writing and executed by mutual authorisation of both Parties.

17.  Headings:

The headings of sections in this Agreement are provided for convenience of reference only and are not intended to be a part of or affect the meaning or interpretation of this Agreement or any section.

 

[SIGNATURE PAGE FOLLOWS]

 

IN WITNESS WHEREOF, the Parties have executed or caused to be executed this Agreement as of the Effective Date.

COMPANY “BCA PROPERTIES”                             REAL ESTATE CONSULTANT

 

                                                                                                                                               

Authorized Signature                                              Authorized Signature

 

Bernard Chaziya – Principal Consultant                                                                         

Print Name and Title                                               Print Name and Title

 

Exhibit A.

DESCRIPTION OF REAL ESTATE CONSULTANT’S DUTIES

  • Identify residential and commercial properties for rent, lease and sale;
  • Classify and categories residential and commercial properties;
  • Submit via Website, Email, WhatsApp or in person well-presented rental or for sale real estate
  • Identify and engage landlords/landladies and/or administrators of residential and commercial properties;
  • Create, Manage and Maintain good rapport with clients and leads;
  • Propose ways of improving operations through proposals, plans and ideas;

Recommended:

  • Personal Initiative and planning of daily/weekly work plan;
  • SMARTly decide on the field work strategy to use, which includes which leads/clients to target;
  • Identify opportunities;
  • Self-monitoring and good time management;
  • Submit any urgent feedback or information if any on time;
  • Share Social Media posts from BCA Properties with friends and other groups and networks.

DESCRIPTION OF SOME RELATED BCA PROPERTIES’ DUTIES

  • Identify and engage clients looking for residential and commercial properties on rent or sale for marketing and sales;
  • Sale residential and commercial properties to the public;
  • Let residential and commercial properties to the public;
  • Market BCA Properties to possible clients for residential and commercial properties using various means as guided;
  • Create, Manage and Maintain good rapport with clients and leads;
  • Maintain Website, Apps and Other Marketing Tools for Maximised Efforts.