Estate Agency Contracts are essential documents in Hong Kong's real estate industry, required whenever a property owner, buyer, landlord, or tenant engages the services of a licensed estate agent. These contracts must comply with the Estate Agents Ordinance (Cap. 511) and its subsidiary legislation, which mandates the use of prescribed forms (Form 3 for residential properties and Form 5 for non-residential properties). The agreement details the scope of services, commission arrangements, agency period, and obligations of all parties involved. Estate Agency Contracts are particularly important in Hong Kong's dynamic property market, where transactions must adhere to strict regulatory requirements and professional standards. The document serves both as a legal protection mechanism and a clear framework for the agency relationship, ensuring transparency and compliance with local real estate laws and regulations.
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1. Parties: Identification of the estate agent/agency and the client (vendor/purchaser/landlord/tenant), including license numbers and contact details
2. Background: Brief context of the appointment and the property transaction intended
3. Definitions: Key terms used in the agreement including 'Property', 'Services', 'Commission', 'Exclusive Agency Period' if applicable
4. Appointment of Agent: Formal appointment clause and scope of authority granted to the agent
5. Duration of Agreement: Term of the agency agreement, including start and end dates
6. Agent's Services: Detailed description of services to be provided by the agent
7. Commission: Commission rate, calculation method, and payment terms
8. Client's Obligations: Responsibilities of the client, including providing accurate information and cooperation
9. Agent's Obligations: Statutory and contractual duties of the agent, including disclosure requirements
10. Termination: Circumstances and procedures for terminating the agreement
11. Governing Law: Confirmation of Hong Kong law as governing law
12. Signatures: Execution block for all parties
1. Exclusive Agency Rights: Used when the agreement is exclusive, defining the terms of exclusivity
2. Multiple Listing Arrangements: Used when the property may be listed with multiple agencies
3. Marketing Budget: Include when specific marketing activities and associated costs are agreed upon
4. Overseas Marketing: Used when property will be marketed to overseas buyers/tenants
5. Property Management: Include when agent will provide additional property management services
6. Confidentiality: Additional confidentiality provisions beyond standard terms
7. Force Majeure: Include when parties want specific provisions for unforeseen circumstances
8. Anti-Money Laundering Compliance: Additional AML provisions for high-value transactions
1. Schedule 1 - Property Details: Detailed description of the property, including address, size, facilities
2. Schedule 2 - Commission Structure: Detailed breakdown of commission calculations and payment scenarios
3. Schedule 3 - Agency Services: Comprehensive list of services to be provided by the agent
4. Schedule 4 - Marketing Plan: Detailed marketing strategy and activities (if applicable)
5. Appendix A - Property Information Form: Standard form containing detailed property information as required by regulations
6. Appendix B - Agent's License Details: Copy of agent's license and company registration details
7. Appendix C - Prescribed Warning Statements: Mandatory warnings and notices required by Hong Kong law
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Residential Property
Commercial Property
Industrial Property
Retail Property
Luxury Property
Property Development
Property Investment
Property Management
Relevant Teams
Legal
Compliance
Real Estate
Sales
Property Management
Operations
Business Development
Contract Administration
Risk Management
Property Services
Relevant Roles
Estate Agent
Property Agent
Real Estate Broker
Property Consultant
Sales Director
Leasing Manager
Property Manager
Compliance Officer
Legal Counsel
Contract Manager
Real Estate Manager
Branch Manager
Agency Director
Business Development Manager
Operations Manager
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