Agency contract. looking for a tenant to rent commercial real estate

Agency contract is a kind of intermediary contracts on a par with commission and commission.

An agency contract is an independent type of civil law contract, legal regulation 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 contract, 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 order or the 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 perform a legal (or actual) action on its own behalf and at the expense of the Principal, to conclude transactions with third parties for the purchase and / or sale of _____________ products (hereinafter referred to as the Goods).

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

1.2. The Agent concludes an agreement with third parties on its 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 to fulfill the agreement.

2. Obligations of the parties.

2.1. The agent undertakes:

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

– to conclude on its own behalf contracts for the purchase / sale of the Goods;

— 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;

– not to conclude similar Agency agreements with third parties;

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

— assist the Principal in negotiations with third parties and participate in negotiating the terms of transactions.

2.2. The principal must:

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

— in the event of a change in the conditions for the execution of transactions or the emergence of circumstances affecting their execution, immediately give instructions to the Agent on the execution procedure;

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

— accept the reports submitted by the Agent;

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

— together with the Agent, find ways to improve the work;

- send instructions to the Agent to search for a specific counterparty.

3. The order of work.

3.1. The Principal sends the Agent a written instruction 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 starts work on the execution of the Principal's order.

The instruction may be given by the Principal by 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 following the results of the executed order or before the _________ day of the month following the reporting one.

3.4. If there are objections to the reports, the Principal informs 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 Instruction and the Agent's Report are an integral part of this Agreement.

4. Order of payments.

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 agreed upon by the parties additionally by sending the Agent a separate order from the Principal and/or concluding an additional agreement to this Agreement on the amount (procedure and conditions) of the agency remuneration. In the absence of an objection from the Agent, the remuneration is set by the Principal and communicated to the Agent in the main order.

Settlements with the Agent can be made both in cash and by transferring securities, promissory notes.

4.2. The right to receive remuneration for the executed order arises for the Agent after the approval of the report by the Principal within the time period agreed 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, for organizing the storage of the Goods, as well as other expenses incurred by the Agent in the execution of the Principal's order.

5. Responsibility of the parties.

5.1. The party that has violated its obligations under this agreement must immediately eliminate the violation or take measures to eliminate the consequences. In case of non-fulfillment of obligations, the Parties shall bear property liability.

5.2. In the event of losses due to improper performance of this agreement, the guilty party shall be liable in the amount of non-existent damage.

5.3. All disputes under this agreement shall be 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. In the event of force majeure circumstances, as a result of which it becomes impossible to fully or partially fulfill any of the Parties' obligations under this agreement, namely: fire, natural disasters, accidents, military operations of any nature, prohibitions 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 postponed in proportion to the time during which such circumstances will operate.

6.2. The party for which it became impossible to fulfill the 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 of its signing 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 withdrawal from the Agreement __________ before the date of its termination.

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

7.3. All appendices 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.

An agency agreement is an agreement under which one party (agent) undertakes, for a fee, to perform, 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, article 1005 of the Civil Code of the Russian Federation).

In a transaction made by an agent with a third party on its 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 to execute the transaction (paragraph 2, clause 1, article 1005 of the Civil Code of the Russian Federation).

In a transaction 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 (paragraph 3, clause 1, article 1005 of the Civil Code of the Russian Federation).

By general rule the agent may enter into a subagency agreement. The agency agreement may establish a ban on the conclusion of such an agreement or, conversely, the obligation of the agent to conclude such an agreement with or without specifying its specific conditions (clause 1, article 1009 of the Civil Code of the Russian Federation).

The agent is obliged to report to the principal in the manner and terms stipulated by the contract. In the absence of relevant conditions in the contract, the agent must submit a report as he fulfills the contract or at the end of the contract. In this case, as a general rule, the agent’s report must be accompanied by the necessary evidence of expenses incurred by the agent at the expense of the principal (clauses 1, 2 of article 1008 of the Civil Code of the Russian Federation).

The agent shall report to the principal responsible for the actions of the subagent (clause 1, article 1009 of the Civil Code of the Russian Federation).

The agent's report is considered accepted if the principal did 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).

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

If the subject of the agency agreement, in which the agent acts on his own behalf, is related to the sale (acquisition) of a real estate object in the interests of the principal, then either the principal himself or an agent acting on behalf of the principal can participate in the state registration procedure for the transfer of rights to such property and transactions with it. 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 of November 17, 2004 N 85).

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

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

The condition on the amount of the agency fee, such amount is determined in accordance with paragraph 3 of Art. 424 of the Civil Code of the Russian Federation;

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

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

The agency contract may be terminated by the refusal of any party to perform the contract, but only if the contract is concluded without determining the expiration date. 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 Object):

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 services:

2.1. Executor's Responsibilities:

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

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

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

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

2.1.5. Carries out business contacts, negotiates with potential buyers of the Object.

2.1.10. If necessary, requests and receives from the bodies that carry out state registration of rights to real estate and transactions with it, and other bodies the necessary information about the Object and the rights to it.

2.1.11. Organizes inspection by buyers of the Object.

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

2.2. The contractor has the right:

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

3.1. Customer Responsibilities:

3.1.2. At the request of the Contractor, allow buyers to inspect the Object within the time period agreed with the Contractor.

3.1.3. Together with the Contractor, develop the terms of the contract 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. Timely notify the Contractor at least ______ before 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 draw it up or inform the Contractor about your objections to the act within _______ days from the date of its receipt. In the absence of objections from the Customer, within the period established by this paragraph, the act is considered to be executed.

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

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

3.2. The customer has the right:

3.2.3. To be present at all negotiations on the preparation of the contract for the sale of the Object.

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 the remuneration in the following order: ________________________ (within _____ days after the Parties sign the act of acceptance of the actions performed by the Contractor/before the Contractor starts performing actions/part of the remuneration in the amount of ______ (__________) rubles, the Customer pays before the start of the Contractor's actions (prepayment) , the remaining part of the remuneration in the amount of ______ (___________) rubles, the Customer pays within _____ days after the Parties sign the act of acceptance of the actions performed by the Contractor).

4.5. Expenses are reimbursed by the Customer in the terms 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 shall be paid in full.

5. RESPONSIBILITIES OF THE PARTIES

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

6. FORCE MAJOR

6.2. In the event of these circumstances, the Party is obliged to notify the other Party within _____ days.

6.3. Document issued by ________________________________________________, (Chamber of Commerce and Industry, authorized government agency etc.) is sufficient confirmation of the existence and duration of force majeure circumstances.

7. VALIDITY, MODIFICATION

8. DISPUTES RESOLUTION

8.2. Disputes not settled 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 shall enter into force upon its signing by the Parties.

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

9.3. Attached to this Agreement are:

Act of rendered services (Appendix N 1).

Executor's report.

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

9.4. Details and signatures:

Customer executive

AGENCY AGREEMENT for the purchase of residential real estate

Novosibirsk "___" __________ ____

Hereinafter referred to as ___ "Customer", represented by ___________________, acting __ on the basis of ___________________, on the one hand, and ___________________, hereinafter referred to as __ "Contractor", represented by ___________________, acting __ on the basis of ___________________, on the other hand, have concluded this Agreement as follows.

1. THE SUBJECT OF THE AGREEMENT

1.1. The Contractor undertakes, on the instructions of the Customer, to perform certain actions to search non-residential premises for its acquisition by the Customer, as well as to carry out other actions in agreement with the Customer that meet 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 desired 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 services:

initial term _____________________;

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

Tickets: ______________ or payment for vehicles _________________;

Accommodation (hotel): ________ rubles per day;

Meals: ________ rubles per day.

2. RIGHTS AND OBLIGATIONS OF THE CONTRACTOR

2.1. Executor's Responsibilities:

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

2.1.2. Conducts an examination of the 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 contract for the acquisition of the Object and other related documents.

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

2.1.5. Carries out business contacts, negotiates with potential sellers of the Objects.

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

2.1.7. Provides protection of the interests of the Customer by clarifying the rights and obligations, as well as the legal consequences of 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 the preparation of the transaction. Does not disclose information obtained in the course of the transaction, except as otherwise provided by law.

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

2.1.11. Organizes inspection by the Customer of the Objects.

2.1.12. Notifies the Customer, at his request, of all information on the progress of the execution of this Agreement and, if necessary, submits the relevant documents (copies of documents).

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

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

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

2.1.16. Within ______ days from the date of execution of this Agreement, submits to the Customer an act and an invoice.

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

2.2. The contractor has the right:

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

2.2.2. Make copies of any documents for use in order to fulfill 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 contract for the acquisition of the Object between the Customer and a third party.

3. RIGHTS AND OBLIGATIONS OF THE CUSTOMER

3.1. Customer Responsibilities:

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

3.1.2. At the Contractor's invitation, inspect suitable Objects within the terms agreed with the Contractor.

3.1.3. Together with the Contractor, develop the terms of the contract for the acquisition of the Object.

3.1.4. Provide the Contractor with the necessary powers to execute this Agreement by issuing it with an appropriate power of attorney.

3.1.5. Accept from the Contractor protocols of negotiations, letters, certificates of work done and other materials.

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

3.1.7. Timely notify the Contractor at least ______ before 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 on 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 draw it up or inform the Contractor about your objections to the act within ________ days from the date of its receipt. In the absence of objections from the Customer, within the period established by this paragraph, the act is considered to be executed.

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

3.1.11. Reimburse the Contractor for the expenses incurred by him related to the execution of this Agreement, in the amount, terms and conditions established by paragraphs 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 the implementation of the Agreement, copies of documents confirming the work carried out by the Contractor.

3.2.2. Request from the Contractor data on the negotiations held, drawn up by the relevant protocols.

3.2.3. Be present at all negotiations on the preparation of the contract for the acquisition of the Object.

3.2.4. Submit objections to the report of the Contractor 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 the remuneration in the following order: _________________________ (within _____ days after the Parties sign the act of acceptance of 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 start of the Contractor's actions (advance payment) , the remaining part of the remuneration in the amount of ______ (____________) rubles, the Customer shall pay within _____ days after the signing by the Parties of the act of acceptance of the actions performed by the Contractor).

4.3. All settlements under the Agreement are made in a cashless manner by payment orders according to the details specified in this Agreement.

4.4. In addition, the Customer shall reimburse the costs incurred by the Contractor:

On _________________________ in the amount of ________________________;

On ____________________________ in the amount of ________________________.

4.5. Expenses are reimbursed by the Customer in the terms 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 none of the Parties is responsible, the Customer shall reimburse the Contractor for the expenses actually incurred by him.

5. RESPONSIBILITIES OF THE PARTIES

5.1. For violation of the deadlines for the performance of actions by the Contractor (clause 1.3 of this Agreement), the Customer has the right to require the Contractor to pay a penalty (penalty) in the amount of _____ percent of the cost of actions not performed on time for each day of delay.

5.2. For violation of the terms for the payment of remuneration (clause 4.2 of this Agreement), the Contractor has the right to require the Customer to pay 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 reimburse the other Party (losses in the full amount in excess of the penalties provided for in this Agreement / losses in the part not covered by the penalties provided for by this Agreement / only losses / only the penalties provided for by this Agreement).

5.4. In all other cases of non-fulfillment of obligations under this Agreement, the Parties shall be liable in accordance with the current legislation of the Russian Federation.

6. FORCE MAJOR

6.1. The Parties are released from liability for failure to perform or improper performance of obligations under this Agreement in the event of force majeure circumstances, that is, extraordinary and unavoidable circumstances under the given conditions, which are understood as: ______________________________________________________________. (civil unrest, epidemics, blockades, embargoes, earthquakes, floods, fires or other natural disasters) 6.2. In the event of these circumstances, the Party is obliged to notify the other Party within _____ days. 6.3. A document issued by ________________________________________________ (Chamber of Commerce and Industry, an authorized state body, etc.) is sufficient confirmation of the existence and duration of force majeure circumstances.

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

7. VALIDITY, MODIFICATION

AND EARLY TERMINATION

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 relevant 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. DISPUTES 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.

Renting a home through a representative is a very common practice. Finding an agent who will help you rent or rent an apartment is quite easy.

Any real estate agency will undertake to provide such services. The conclusion of a transaction in this manner requires the preparation of an agency agreement for the rental of an apartment, which is signed with a representative who performs the 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 himself participate in the discussion of the contract, not be present at its signing, but only move into the apartment around which the lease relationship has arisen.

If the citizen himself is not 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.

That is why, when concluding an agreement with an agent, it is required to describe in detail the conditions and requirements of the client for rental housing.

The content of the agency agreement for renting an apartment

An agent, under civil law, can act both on behalf of the client and on his own behalf. But in any case, the transaction is made in favor of the principal.

So, when drawing up an agreement with an agent who will look for an apartment and conclude an agreement with the owner, the following items are required:

Housing price

Often the cost of rent is the determining factor for the tenant. In the agency agreement, we indicate that the rental price for rented apartment must not exceed a certain amount. Changes in the cost must be negotiated with the client.

Accommodations

It matters where the rental property is located. In the description of these conditions, it is appropriate to indicate everything that seems important to the principal.

District of the city in which the tenant would like to rent an apartment, its size, number of storeys of the house, proximity transport systems and social institutions play an important role.

Indicate such positions, if they are important to you, in the contract with the agent. This will allow you to either get what you want, or keep abreast of changes in the process of finding housing. The agent is obliged to report to the customer if any condition of the agency agreement cannot be fulfilled and requires revision.

The very conclusion of the agent lease agreement does not require separate consideration. Compliance with the legality of the transaction is the duty of the agent.

The principal, having instructed the agent to find a rental housing for a fee, only receives the result in the form of an apartment ready for living, and duly completed documents.

Once again, we note that the conclusion of a lease agreement through an agent and obtaining the desired result depends on how fully the conditions and requirements of the customer for the work of the representative-agent are described.

Below is a standard form and a sample agency agreement for renting an apartment, a version of which can be downloaded for free.

Capital repairs must be carried out within the time period established by the contract, and if it is not specified by the contract or is caused by urgent need, within a reasonable time. All issues not regulated by the legislation of the Russian Federation, the parties determine 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 invoice of the lessor, if there is a document confirming the fact of acceptance of the service rendered 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 included in other expenses associated with production and sale (subclause 10, clause 1, article 264 of the Tax Code of the Russian Federation).

Real estate agency contract

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, the number of storeys of the house, the proximity of transport systems and social institutions play an important role. Indicate such positions, if they are important to you, in the contract with the agent.
This will allow you to either get what you want, or keep abreast of changes in the process of finding 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 duty of the agent. The principal, having instructed the agent to find a rental housing for a fee, only receives the result in the form of an apartment ready for living, and duly completed documents.

Agency agreement for the conclusion of lease agreements for premises

In the event of a change in legal, postal or bank details one of the Parties, the appointment or election of officials entitled to act on behalf of the Parties, or the change of persons responsible for the execution of the contract, the latter is obliged to notify the other Party thereof within working days from the date of such change. Payments and other actions made with the indication of the previous details will be considered properly made until the notification of their change is received. 11.4. This Agreement is made 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 as of the date of conclusion of the Agreement or in the process of its implementation and attached to it, are its integral part. 12. LEGAL ADDRESSES AND BANK DETAILS OF THE PARTIES Principal Legal.

Agency agreement for the lease of real estate

Attention

Rent— [amount in figures and words] RUB/month; - [type of non-residential premises] with total area[value] sq. m, located at: [fill in the appropriate]. Rent - [amount in figures and words] RUB/month; — [type of non-residential premises] total area [value] sq. m, located at: [fill in the appropriate]. Rent - [amount in figures and words] RUB/month.

1.3.

Info

Leasing of non-residential premises is carried out at the prices of the Principal by concluding a lease agreement between the Principal and the tenant found by the Agent. Under the lease transactions made 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 lease schemes

Important

If any force majeure event continues for more than months, or if it can reasonably be assumed 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 to the Agreement on terms that best correspond to the initial intentions of the Parties. 8.7. If the Parties do not reach an agreement to amend (supplement) the Agreement within working days from the start of negotiations, the dispute is resolved in accordance with Article 10 of this Agreement. 9. TERM, ENTRY INTO FORCE, TERMINATION OF THE AGREEMENT 9.1.

This Agreement shall enter into force upon its signing by the Parties and shall be valid for one year. 9.2.

Agency contract

If the Party referring to the specified circumstances does not notify the other Party in a timely manner of 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, unless circumstances prevent timely notification and/or provision of written confirmation. 8.4. A certificate issued by the relevant chamber of commerce and industry or a competent state or municipal authority will be documentary evidence of the occurrence of force majeure circumstances. 8.5. The term for the fulfillment of obligations under the Agreement is extended by the duration of the force majeure circumstances. 8.6.

Agency rental agreement

The trustee, exercising 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, contractual relationship the lessor and the tenant do not have, since the contracts are concluded between the agent (trustee) and the tenant. Under the terms of an agency agreement or an agreement on trust management of property, the entire amount of income received from the use of 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 objections to the submitted report of the Agent, the Principal must inform the latter about them within [value] days from the date of receipt of the report. Otherwise, the report is considered accepted by the Principal. 5. Confidentiality 5.1. The Parties agreed to keep confidential any information received by one Party regarding the other in the course of the execution of this order.

The confidentiality regime applies to the text of this agreement and its main 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. The information recognized in accordance with this agreement as confidential cannot include information that is publicly available in accordance with the requirements of Russian legislation. 5.3.

Agency contract. looking for a tenant to rent commercial real estate

Renting a home through a representative is a very common practice. Finding an agent who will help you rent or rent an apartment is quite easy. Any real estate agency will undertake to provide such services. The conclusion of a transaction in this manner requires the preparation of an agency agreement for the rental of an apartment, which is signed with a representative who performs the necessary actions. Registration of the agent's powers Separate consideration of such a transaction is required because the person who will live in the rented apartment may not himself participate in the discussion of the contract, not be present at its signing, but only move into the apartment around which the lease relationship has arisen. If the citizen himself is not 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 legal entity], represented by [position, full name], acting on the basis of [name of the document confirming authority], hereinafter referred to as the "Agent", on the one hand and [full name of the legal entity], represented by [position, F Acting on the basis of [name of the document confirming the authority], hereinafter referred to as the "Principal", on the other hand, and collectively referred to as the "Parties", have concluded this agreement as follows: 1. Subject of the agreement 1.1. The Agent undertakes, for a fee, on behalf of and at the expense of the Principal, to take actions to search for and attract tenants to vacant non-residential premises for the conclusion of contracts. 1.2. The agent searches for tenants for the following non-residential premises: — [type of non-residential premises] total area [value] sq. m, located at: [fill in the appropriate].

Question

Good afternoon. We have an LLC on USN6%, they are engaged in renting out apartments on a daily basis. The apartment belongs to an individual, and an agency agreement has been concluded between the LLC and the individual. Prompt, from the point of view boo. and cash accounting reflection of these operations. Will it be possible to get an answer before the end of today?

Answer

Amounts received from tenants of a property owned by the principal ( to an individual), as part of the income of the agent (subagent) are not taken into account (clause 1, clause 1.1, article 346.15, clause 9, clause 1, article 251 of the Tax Code of the Russian Federation).

On the date of delivery of the property owned by the principal, the agent organization reflects in the accounting records the occurrence of the buyer's receivables for the lease of the property and accounts payable to the principal with an entry on the debit of account 62 "Settlements with buyers and customers" in correspondence with the credit of account 76 "Settlements with different debtors and creditors” (Instructions for the use of the Chart of Accounts). In this case, the agent (subagent) does not have any income or expenses. When receiving payment from the tenant and transferring payment to the principal (agent), the agent (subagent) also does not generate income and expenses (clause 3 PBU 9/99, clause 3 PBU 10/99).

USN and accounting upon receipt of agency (subagent) remuneration

Income from the application of the simplified tax system is recognized on the date of receipt Money to the current account and (or) to the cashier, receipt of other property (works, services) and (or) property rights, as well as repayment of debts to the taxpayer in another way (clause 1 of article 346.17 of the Tax Code of the Russian Federation).

The amount of remuneration is for the agent (subagent) the proceeds from the sale of services (clause 1 of article 346.15 of the Tax Code of the Russian Federation). Such income is taken into account for taxation purposes after the approval of the report at the time of receipt of funds to the settlement account and (or) to the cash desk of the agent (subagent) or when the principal (agent) repays the debt in another way (clause 1 of article 346.17 of the Tax Code of the Russian Federation).

The amount of remuneration is recognized by the agent (subagent) as income from ordinary activities as of the date of approval by the principal (agent) of the report and is reflected in the credit of account 90 “Sales”, subaccount 90-1 “Revenue”, in correspondence with the debit of account 76 “Settlements with different debtors and creditors" (clauses 5, 12 PBU 9/99, Instructions for the use of the Chart of Accounts).

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