How to make my Exclusive brokerage contract - Residential lease non-exclusive?

The mandatory form Exclusive Brokerage contract – Residential lease must be used when an agency or broker acting on his own account signs a brokerage contract with a natural person to conclude the lease of a dwelling located in a chiefly residential immovable containing less than five dwellings.

It is possible to make this form non-exclusive by following the instructions below (deletions are statements which should be removed or replaced and additions are in blue).

Note: all changes made to forms must be initialed by the parties.

 

Title of the form
The broker must cross out the word “exclusive” in the title of the form.

 

OBJECT AND TERM OF CONTRACT section
Under clause 2.1 of the form, the broker must cross out the word “exclusive”.

 

REMUNERATION (PLUS TAXES) section
Under clause 6.1, the broker must make the following amendments so that this clause reads as follows:

  • Cross out the words "in the cases provided for in 1, 2, 3 and 4 of this clause"
  • Cross out the words “or of the total amount of the rent indicated in 4.1”
  • Cross out paragraphs 1 to 4.

To replace paragraph 1 of clause 6.1, the broker must add to clause 10.1 of OTHER DECLARATIONS AND CONDITIONS section the following clause:

 

DECLARATIONS AND OBLIGATIONS OF THE LESSOR section
The broker shall cross out clause 7.2 of the form completely.

In addition, under clause 7.5, the word “exclusive” shall be crossed out.

 

OTHER DECLARATIONS AND CONDITIONS section
Under clause 10.1, the broker must also add the following standard clauses:

The LESSOR undertakes to notify the AGENCY or the BROKER, in writing and without delay, if, during the term of this contract, he becomes party to an agreement for the sale, exchange or lease of the IMMOVABLE through another agency or broker. The written notice sent to this effect by the LESSOR to the AGENCY or the BROKER must contain the name, the address of the establishment including phone numbers of this other agency or broker, as well as the date on which the LESSOR became a party to such an agreement with this other agency or broker.

 

Last updated on: July 14, 2022
Numéro d'article: 122987