OPEN LISTING AUTHORISATION
A non-exclusive authority to market a property for sale
__________
To: __________
__________
Mobile __________, email __________
From: __________, __________
__________
Mobile __________, email __________
1. Authority to market
1.1 I own the property at __________, in __________: __________ ("the Property").
1.2 I authorise you to market the Property for sale at __________ and to introduce prospective buyers to me, until __________.
2. This listing is not exclusive
2.1 I may give the same authority to other agents, and I may sell the Property to a buyer I find myself without owing you anything.
2.2 You must not describe yourself, in any advertisement, signboard or conversation, as my sole or exclusive agent.
3. When commission is payable
3.1 Commission of __________ per cent of the sale price is payable to you only if you are the effective cause of the sale, and it is earned __________.
3.2 You are the effective cause of the sale only if you first introduced the buyer to the Property, and that introduction led to the sale without the buyer being lost and then found again through someone else.
3.3 If two agents claim the same buyer, the agent who first introduced the buyer to the Property, as shown by a dated viewing record or a dated written introduction sent to me, is the effective cause. Only one commission is payable on the sale.
3.4 No commission is payable to you on a sale to a buyer I found myself, or to a buyer another agent introduced to me first.
3.5 __________
4. What you may and may not do
4.1 You may show the Property at times I agree. You will keep a dated record of every person you show it to, and send me that person's name before or at the viewing.
4.2 You have no authority to sign anything for me, to accept money on my behalf, or to agree a price.
4.3 Where the Property is an apartment, plot or building in a project registered with a Real Estate Regulatory Authority, you may deal in it only if you are registered as a real estate agent.
5. Withdrawing this authority
5.1 I may withdraw this authority at any time by email or letter to you. It ends in any case on __________ unless I renew it in writing.
5.2 Within 7 days after it ends, you will remove every advertisement of the Property you placed, and send me a dated list of the people you introduced. Commission on a later sale to a person on that list is payable only if you were the effective cause under clause 3.
Personal data
This notice is given under the Digital Personal Data Protection Act, 2023.
The names, addresses, telephone numbers and email addresses in this document are collected for one purpose: this authority to market the Property and any commission that follows. The Owner and the agent each keep a copy of this letter. It may be shown only to the Owner, the agent, a buyer the agent introduces, and the advocate or bank involved in the sale, and it will not be used for marketing.
If the engagement does not go ahead, the personal data in this document is kept for 90 days from that decision and then erased. If it goes ahead, this record is kept for the term of the engagement plus 12 months and then erased, unless a law requires a particular record to be kept longer.
Consent to the use of personal data in this document may be withdrawn at any time by writing to __________. A request to correct inaccurate data, to erase data once its purpose has ended, or to complain about how it has been handled may be sent to the same address, and will be answered within 30 days.
This document does not collect any Aadhaar number, PAN, bank-account detail or copy of an identity document.
Signatures
The Owner
Signature: ________________________
Name: __________
Accepted by the agent on the terms above
Signature: ________________________
Name: __________