Posted on October 8, 2021
It follows that when the seller himself presents the buyer and negotiates the sale directly with the buyer, the real estate agent is not entitled to his fees, unless the contract expressly provides for it – see below under the exclusive right of sale. The term “exclusive and exclusive license,” for example, is common but contradictory. “Saume” means, on the one hand, that only one person has the right to use the product. However, “exclusive” actually means that only another person has this right. “Unlicensed” seems to mean different things in different contexts. I have seen that it is used for licenses for which there is only one deposit, but no current payments. Elsewhere, I have seen that it is used with respect to licenses, which are completely free, or licenses associated with paid services, but which do not collect separate fees. You must therefore review all conditions of licence to determine their meaning. This is an agreement in which a single real estate agent is responsible for marketing a property for sale. The agent is only entitled to his fees if he negotiates with the prospective buyer or (if the contract allows it) while the agent`s agreement is in force. The legal rights in the game depend to a large extent on what you want to protect. In English law, the idea of a particular business model is not normally protected by intellectual property, but as long as the information is not public, you can get some protection through confidentiality agreements and the right of trust.
A much less common form of license is an exclusive license. This is generally understood by the fact that the licence is exclusive, with the exception that the licensor reserves the full right to exploit the intellectual property itself. The licensor does not have the right to issue further sub-licences. While this is generally understood meaning, if this is the intention of the parties, it would be preferable for them to explicitly state in the agreement the extent of the rights of each licensor and the licensee. I am therefore not sure of the analysis proposed in the article lawyers Weekly; I think that instead of containing the contradictions and asking the question of which word works best, the sole and exclusivity are just another example of simple old redundancy, the simplest solution of which is to stop the sole. The distinction between exclusive and exclusive rights is less clear. A common view (mine) is that the granting of single rights should mean that the licensor retains the opportunity to exercise the rights itself while committing to refrain from granting the rights to others. But many contracts use this term to refer to the granting of exclusive rights. Faced with this lack of clarity, you should refrain from using the word “alone” when it comes to granting rights. And if you`re interpreting a contract that involves the granting of exclusive rights, you need to look at the rest of the document to determine if the grant is truly exclusive. We are a business transfer agent company and we are in the process of verifying our SSR agreement, please indicate if you have established an agreement for a business transfer agent, as well as your fees.
You are obliged to pay us remuneration in addition to any other agreed fees or charges if unconditional contracts for the sale of the property are exchanged at any time: – with a buyer whom we have presented during the period of our exclusive representation or with whom we have had negotiations on the property during that period; or – with a buyer who was introduced by another agent during that period. . . .