11. Other declarations and conditions
Although the brokerage contract is standardized, mandatory, and contains clauses that cover a comprehensive set of circumstances and concerns, each situation is unique. It is very likely that the broker will have to include details and conditions in the contract that are not already included in the forms Exclusive brokerage contract – Sale (EBCS) and Non-exclusive brokerage contract – Sale (NEBCS), or in the various annexes that must or can accompany them.
Any additions to the contract must be entered in clause 11.1 Other declarations and conditions. This may include, for example, a description of the websites and social networks on which the property will be advertised, the exclusion of the legal warranty or the application of the legal warranty of quality on inclusions, etc.
These other declarations and conditions must be in compliance with the Real Estate Brokerage Act and its regulations.
Where there is insufficient space on the form, the broker must enter the continuation of such additions to one or more Annex G – General forms and add a reference in clauses 11.1 and 12.1 relating to such annexes.
Standard clauses
Brokerage contracts to sell and their annexes have solid and tested legal and linguistic bases. In order to prevent the wording and interpretation of clauses drafted by the broker from being a source of dispute with the seller, and possibly between the broker and a buyer, the OACIQ provides brokers with a series of standard clauses.
These clauses have been validated and tested. They were developed to accommodate as many situations as possible. However, there may not be a standard clause available for a given situation. In this case, the broker will have to draft it himself, making sure that the object of the clause is clear and worded in such a way that, when reading it, both the seller and the buyer will clearly understand what is being addressed. Any clause describing a commitment or condition should contain a number of elements that answer the following questions: who, what, when, how and what is the consequence.
For more information: Standard clauses - drawing, tips and examples
