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Co Broker Agreement Template for Hong Kong

A comprehensive agreement governed by Hong Kong law that establishes the terms and conditions for collaboration between two or more licensed real estate brokers or agencies. The document outlines commission sharing arrangements, mutual obligations, operational procedures, and compliance requirements in accordance with the Hong Kong Estate Agents Ordinance and related regulations. It includes provisions for handling client information, marketing responsibilities, dispute resolution, and regulatory compliance while protecting the interests of all parties involved in joint property transactions.

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What is a Co Broker Agreement?

This Co-Broker Agreement is designed for use in Hong Kong's real estate market when two or more licensed estate agents or agencies wish to formalize their collaboration on property transactions. The document is essential for compliance with the Estate Agents Ordinance (Cap. 511) and related regulations while providing a clear framework for commission sharing, client handling, and operational procedures. It becomes particularly relevant in situations involving cross-agency cooperation, international property transactions, or complex multi-party deals in the Hong Kong property market. The agreement helps prevent disputes by clearly defining each party's rights, responsibilities, and financial arrangements while ensuring regulatory compliance.

What sections should be included in a Co Broker Agreement?

1. Parties: Identifies the participating brokers/agencies, including their license numbers and registered addresses

2. Background: Explains the context and purpose of the co-broking arrangement

3. Definitions: Defines key terms used throughout the agreement

4. Scope of Cooperation: Outlines the nature and extent of the co-broking relationship

5. Commission Structure: Details the commission split arrangements and payment terms

6. Duties and Responsibilities: Specifies the obligations of each party in co-broking arrangements

7. Confidentiality: Addresses the handling of confidential information and client data

8. Term and Termination: Specifies the duration of the agreement and termination conditions

9. Compliance: Addresses compliance with relevant laws and regulations

10. Dispute Resolution: Outlines the process for resolving disputes between parties

11. Governing Law: Specifies Hong Kong law as governing law and jurisdiction

12. General Provisions: Includes standard boilerplate clauses

What sections are optional to include in a Co Broker Agreement?

1. Exclusive Arrangements: Used when the co-broking relationship is exclusive for certain properties or clients

2. International Transactions: Include when dealing with cross-border property transactions

3. Marketing Arrangements: Details shared marketing responsibilities and cost allocation

4. Sub-Broker Provisions: Include when sub-brokers may be involved in the arrangement

5. Special Services: Used when additional services beyond standard brokerage are offered

6. Insurance and Indemnity: Detailed provisions for professional indemnity and insurance requirements

What schedules should be included in a Co Broker Agreement?

1. Schedule 1 - Commission Split Matrix: Detailed breakdown of commission splits for different transaction types and values

2. Schedule 2 - Operating Procedures: Step-by-step procedures for co-broking operations

3. Schedule 3 - Territory Allocation: If applicable, definition of geographical areas or property types covered

4. Schedule 4 - Contact Details: Key contact persons and escalation matrix

5. Appendix A - Required Forms: Standard forms and templates to be used in co-broking arrangements

6. Appendix B - Compliance Checklist: Checklist of regulatory requirements and internal compliance procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Document Type

Broker Agreement

Cost

Free to use

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