The Referral Agreement (Real Estate) is essential for real estate professionals and agencies operating in Hong Kong who wish to establish formal referral relationships. This document is particularly relevant in Hong Kong's dynamic property market, where cross-agency collaboration is common and strictly regulated. The agreement ensures compliance with the Estate Agents Ordinance (Cap. 511) and related regulations while protecting the interests of all parties involved. It typically includes detailed provisions for referral processes, commission structures, compliance requirements, and data protection measures. The document is designed to facilitate business growth through structured referral partnerships while maintaining professional standards and regulatory compliance in Hong Kong's real estate sector.
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1. Parties: Identification of the referring party and the receiving party, including license numbers and contact details
2. Background: Context of the agreement and brief description of the parties' business activities
3. Definitions: Key terms used in the agreement, including 'Referral', 'Referral Fee', 'Qualified Lead', 'Territory', and 'Services'
4. Appointment and Scope: Terms of the referral relationship and scope of services covered
5. Referral Process: Detailed procedures for making and accepting referrals, including communication protocols
6. Compensation: Structure and terms of referral fees, payment procedures, and conditions for fee eligibility
7. Obligations of the Parties: Specific duties and responsibilities of both parties, including compliance with real estate regulations
8. Representations and Warranties: Statements confirming parties' qualifications, licenses, and authority to enter into the agreement
9. Confidentiality: Protection of confidential information and client data
10. Term and Termination: Duration of the agreement and circumstances for termination
11. General Provisions: Standard clauses including governing law, notices, and entire agreement
1. Non-Compete: Restrictions on competitive activities, included when parties want to prevent direct competition
2. Marketing and Branding: Guidelines for use of parties' brands and marketing materials, included when joint marketing is contemplated
3. Training and Support: Details of any training or support provided, included for more comprehensive referral relationships
4. Dispute Resolution: Specific procedures for resolving disputes, included when parties want alternatives to litigation
5. Insurance: Insurance requirements and coverage details, included when specific insurance coverage is required
6. Data Protection Compliance: Detailed data protection procedures, included when extensive personal data processing is involved
1. Schedule 1 - Referral Fee Structure: Detailed breakdown of referral fees, commission rates, and calculation methods
2. Schedule 2 - Referral Territory: Geographic areas or market segments covered by the referral arrangement
3. Schedule 3 - Referral Procedures: Step-by-step procedures for making and processing referrals
4. Schedule 4 - Required Documentation: List of documents required for valid referrals and commission claims
5. Appendix A - Contact Details: Key contact persons and communication protocols for both parties
6. Appendix B - Compliance Checklist: Checklist of regulatory requirements and compliance procedures
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