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Broker Fee Contract
"I need a Broker Fee Contract for a real estate brokerage firm in Hong Kong, with an exclusive arrangement and a tiered commission structure based on property value ranges, to be effective from March 2025."
1. Parties: Identifies the broker and the client, including their full legal names, addresses, and any relevant registration or license numbers
2. Background: Sets out the context of the agreement, including the broker's qualifications and the client's desire to engage brokerage services
3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty
4. Scope of Services: Details the specific brokerage services to be provided, including any territorial or product limitations
5. Broker's Obligations: Lists the duties and responsibilities of the broker, including regulatory compliance requirements
6. Client's Obligations: Outlines the client's responsibilities and commitments to enable the broker to perform the services
7. Fee Structure: Details the broker's fees, commission rates, and calculation methods
8. Payment Terms: Specifies payment timing, methods, and conditions for fee payment
9. Term and Termination: Sets out the duration of the agreement and circumstances for termination
10. Confidentiality: Establishes obligations regarding confidential information
11. Liability and Indemnification: Defines the extent of broker's liability and any indemnification provisions
12. Governing Law and Jurisdiction: Specifies Hong Kong law as governing law and jurisdiction for disputes
13. General Provisions: Contains standard boilerplate clauses including notices, amendments, and severability
1. Exclusivity: Optional clause for exclusive brokerage arrangements, defining the scope and duration of exclusivity
2. Performance Targets: Sets specific performance metrics for the broker, used in long-term or high-value arrangements
3. Sub-brokers: Provisions regarding the appointment and management of sub-brokers, if permitted
4. Insurance: Specific insurance requirements beyond statutory minimums, typically for high-value transactions
5. Non-Competition: Restrictions on broker's activities with competitors, used in specialist or sensitive markets
6. Force Majeure: Provisions for unforeseen circumstances affecting performance, important in long-term arrangements
7. Data Protection: Additional data handling requirements beyond basic privacy compliance
1. Schedule 1 - Fee Schedule: Detailed breakdown of all fees, commission rates, and calculation methods
2. Schedule 2 - Service Specifications: Detailed description of specific services to be provided
3. Schedule 3 - Broker's Licenses and Qualifications: Copies or details of relevant licenses and professional qualifications
4. Schedule 4 - Compliance Requirements: List of applicable regulatory requirements and compliance procedures
5. Appendix A - Standard Operating Procedures: Detailed procedures for service delivery and client interaction
6. Appendix B - Reporting Templates: Standard forms for performance reporting and fee calculations
Authors
Financial Services
Real Estate
Insurance
Securities Trading
Commodities Trading
Shipping
Investment Banking
Private Equity
Venture Capital
Asset Management
Property Development
Maritime Trade
International Trade
Commercial Real Estate
Residential Real Estate
Legal
Compliance
Finance
Operations
Risk Management
Business Development
Sales
Client Relations
Corporate Secretarial
Executive Management
Contract Administration
Broker
Account Manager
Compliance Officer
Legal Counsel
Contract Manager
Risk Manager
Chief Financial Officer
Business Development Manager
Operations Manager
Relationship Manager
Managing Director
Chief Executive Officer
Sales Director
Compliance Manager
General Counsel
Finance Director
Company Secretary
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