Real Estate Marketing Contract: The Clauses It Must Contain

A real estate marketing contract is a written agreement between a property owner or developer and a marketer or real estate marketing company. It sets out which units will be marketed, whether the arrangement is exclusive, how long it lasts, the price, the commission and when it is earned, and how the contract ends. A good one prevents the two most common disputes in the market: "whose client was this?" and "when is the commission due?". This guide covers the essential clauses and what the law requires in Egypt and Saudi Arabia. It is not legal advice, so have a lawyer review your final wording.

The short version: every real estate marketing contract should state the parties and the marketer's registration or licence details, the property and proof of ownership, the scope of work, exclusivity, the term, the price and who may negotiate it, the commission with its basis, timing and payer, who approves advertising, expenses, termination and dispute resolution. In Saudi Arabia, the contract must be written, fixed-term and deposited with the Real Estate General Authority. In Egypt, the marketer must be entered in the real-estate brokers register.

What is a real estate marketing contract?

It may be called a marketing agreement, a brokerage contract or a listing agreement. The names differ; the substance is the same: written authority from the property owner for someone else to promote the property and bring a buyer or tenant in return for a commission.

It is different from a sale contract. A sale contract is between seller and buyer and transfers ownership. A marketing contract is between the owner and the marketer, transfers nothing, and governs the relationship until a sale is made.

The essential clauses in any real estate marketing contract

Use this list whether you are drafting from scratch or reviewing a ready-made template:

Clause	What it states	Why it matters
Parties	Full names, ID or commercial register numbers, addresses, and the marketer's brokers-register number or licence	Defines who is bound and proves the marketer may practise
Property	Address, unit number, area, specification and proof of ownership	Prevents disputes about what was being marketed
Scope	Marketing only, or marketing plus negotiation and viewings	Sets what the owner can expect
Exclusivity	Exclusive or not, and whether the owner may sell directly	The clause behind most disputes
Term	Start and end dates and renewal terms	An open-ended contract stays open to argument
Price	Asking price, minimum acceptable price, and who approves reductions	Protects the owner from selling below target
Commission	Rate or amount, the value it is calculated on, and who pays	A commission without a clear basis is a dispute waiting to happen
When commission is earned	On signing the sale contract, on the down payment, or on registration	Sets when the marketer may claim
Buyers after expiry	A period during which the marketer still earns commission if a buyer they introduced purchases	Stops the marketer being bypassed once the term ends
Advertising	Who approves wording, photos and the published price	Prevents wrong information going out in the owner's name
Expenses	Who pays for ads, photography and print	Avoids surprise claims on termination
Termination and disputes	Grounds for termination, notice period, forum for disputes	Agrees the exit before you need it

Exclusive real estate marketing agreements

An exclusive contract means only one marketer may market the property during the term. Owners usually accept it in return for a bigger commitment from the marketer, such as an advertising budget or regular reports. Before signing an exclusive agreement, or any exclusive template, set out in writing:

1. What exclusivity covers: does it stop the owner selling to a buyer who came without the marketer, or only stop other marketers?
2. How long it lasts: short enough for the owner to regain freedom if nothing happens.
3. The marketer's matching obligations: an ad budget or number of listings, and a weekly or monthly report of inquiries and viewings.
4. A performance exit: the owner's right to terminate if those obligations are not met.

An exclusive contract for a whole product, such as a phase of a developer's project, adds more: the unit list and prices, how inventory is updated as units sell, the approved payment plans, and whether the marketer may offer discounts. We cover marketing developers' projects in our compound campaign funnel guide.

Commission clauses: write the method, not just the number

"Commission: 2%" on its own is not enough. Write down:

• The basis: the final sale price, the advertised price, or the down payment only?
• Who pays: the seller, the buyer or both, and in what share?
• The timing: on signing the preliminary contract, or on receipt of the down payment?
• Instalments: if the unit is sold on instalments, is commission paid in full or with each payment?
• Tax: is the figure inclusive of tax? Ask your accountant.

In Egypt, the commission rate is set by agreement between the parties. In Saudi Arabia, Article 14 of the Real Estate Brokerage Law sets it at 2.5% of the deal value for a sale, or of the first year's rent only for a lease, unless the parties agree otherwise in writing, and it is paid by the party who contracted with the broker.

Saudi Arabia: brokerage contracts and REGA

If you work in Saudi Arabia, the Real Estate Brokerage Law shapes the contract itself:

• Article 7: the brokerage contract must be in writing, and the broker must deposit a copy with REGA; it cannot be relied on otherwise. It must have a fixed term; if none is agreed, the term is ninety days from signing.
• Article 8: a broker may contract with one or more other brokers to market the property unless the contract says otherwise. If you want to prevent that, write it in.
• Article 9: when contracting with an owner, the broker must obtain a copy of proof of ownership.
• Article 11: the broker must record all brokerage contracts and completed deals on REGA's electronic platform.
• Article 13: a deposit is agreed by the parties up to 5% of the deal value; anything above that counts as an advance on the price, and the broker may not hold the deposit as security for their own fee.

Under Article 5, REGA prepares the mandatory and guidance contract templates provided for in the law. If you need a REGA-compliant contract, start from REGA's platform rather than a template shared in a group chat.

Egypt: what does the law require?

We are not aware of a single published government template for real estate marketing contracts in Egypt. But three official texts affect yours:

1. Registration. Law No. 120 of 1982, as amended, prohibits real-estate brokerage by anyone not entered in the brokers register, so put the registration number in the contract. Our real estate marketing licence guide explains how registration works.
2. Record-keeping. The supervisory controls for real-estate brokers issued by the Ministry of Trade and Industry require brokers to keep contracts, client identification documents and correspondence for at least five years after the contract ends.
3. Permit before advertising. Article 15 of Consumer Protection Law No. 181 of 2018 prohibits advertising the reservation of property units, or contracting to sell them, before a building permit has been obtained. If you are marketing off-plan units, ask the developer for the permit number and make providing it a contractual obligation.

Everything beyond that, from wording to penalty clauses and the forum for disputes, is for your lawyer.

How to put a real estate marketing contract together

1. Collect the documents: the owner's ID or company register, proof of ownership, and the building permit for new units.
2. Agree the decisive points first: exclusivity, term, price and commission.
3. Complete all twelve clauses from the table above, leaving none blank.
4. Attach a schedule of units with prices and payment plans if there is more than one unit.
5. Have a lawyer review the wording, ideally one who specialises in property contracts.
6. Sign two copies and keep yours where it is easy to retrieve alongside the client file.
7. In Saudi Arabia: deposit and record the contract on REGA's platform.

How to cancel a real estate marketing contract

Cancelling is easy when the contract says how. It should state:

• Grounds for termination: expiry, breach of an obligation, or mutual agreement.
• The notice period and how notice is given, such as a registered letter or email.
• Buyers introduced before cancellation: does the marketer earn commission if they buy within a set period?
• Return of materials: keys and documents, and removal of published listings.

If your contract has no termination clause, do not act unilaterally: talk to a lawyer before sending any notice. In Saudi Arabia, a brokerage contract with no agreed term ends ninety days after signing under Article 7.

Why we do not publish a downloadable Word template

Many people look for a ready-to-download contract in Word. We do not offer one here, for two reasons: a generic template does not know your case (exclusivity, the property, the commission), and legal wording is your lawyer's job. Use the table above as a checklist for any template you are given.

Inside Buildoura, according to its website in October 2026, there are editable contract templates for sale, rental and reservation that can be sent to the client, with e-signature from a phone and status tracking for each contract: draft, awaiting signature, signed or cancelled. The site states that Buildoura does not replace legal review: contract language remains your legal team's responsibility. What it adds is that the contract stays linked to the buyer and the deal in the CRM. For more, see our guide to choosing real estate software.

From the buyer's side, we cover the clauses of the unit purchase contract itself in our New Capital real estate guide.

FAQ

What are the essential clauses in a real estate marketing contract?

The parties and the marketer's registration details, the property and proof of ownership, scope, exclusivity, term, price and negotiating authority, commission with its basis and timing, buyers introduced before expiry, advertising approval, expenses, and termination and disputes.

What is the difference between exclusive and non-exclusive agreements?

Exclusive gives one marketer the right to market during the term, usually in return for bigger commitments. Non-exclusive lets the owner work with several marketers. In an exclusive agreement, state in writing whether the owner may still sell directly.

Is there an official real estate marketing contract template?

In Saudi Arabia, REGA prepares mandatory and guidance contract templates, and brokerage contracts must be deposited with it. In Egypt, we are not aware of a published government template, so use the clause list in this guide and have a lawyer review your wording.

When does a property marketer earn their commission?

When the contract says: on signing the sale contract, on the down payment, or otherwise. If the contract is silent, a dispute follows, so state it explicitly, along with what happens to buyers the marketer introduced before the contract ended.

How do I cancel a real estate marketing contract?

Follow the termination clause: grounds, notice period and method. If there is no clause, take legal advice before doing anything. In Saudi Arabia, a brokerage contract without an agreed term ends ninety days after signing.

Can off-plan units be marketed before a building permit in Egypt?

Article 15 of the Consumer Protection Law prohibits advertising the reservation of property units, or contracting to sell them, before a building permit is obtained. Ask the developer for the permit number before any advertising, and make it a contractual obligation.

Written by Hala Mostafa, Real-Estate Solutions Lead at Buildoura. This guide is general information, not legal advice; have a lawyer review any contract before you sign.

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