The Agreement Between Landlord And Letting Agent is a fundamental document in Hong Kong's real estate practice, essential for establishing professional property management relationships. This agreement is typically used when a property owner wishes to engage a professional letting agent to market, lease, and potentially manage their property. The document must comply with Hong Kong's Estate Agents Ordinance (Cap. 511) and related regulations, incorporating specific requirements for agency agreements in the jurisdiction. It includes detailed provisions for commission structures, service scope, marketing arrangements, and professional obligations, while addressing unique aspects of Hong Kong's property market. The agreement is particularly important given Hong Kong's dynamic real estate environment and the need for clear professional service arrangements in both residential and commercial property sectors.
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1. Parties: Identification of the landlord and the letting agent, including full legal names, addresses, and relevant registration/license numbers
2. Background: Brief context explaining the purpose of the agreement and the intention to establish an agency relationship
3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Services', 'Commission', 'Term', etc.
4. Appointment and Term: Formal appointment of the agent, whether exclusive or non-exclusive, and duration of the agreement
5. Agent's Services: Detailed description of services to be provided by the letting agent
6. Agent's Obligations: Key responsibilities and duties of the agent, including compliance with regulations and professional standards
7. Landlord's Obligations: Key responsibilities and duties of the landlord, including provision of accurate information and cooperation
8. Commission Structure: Details of commission rates, payment terms, and conditions for commission becoming due
9. Marketing and Advertising: Agreement on marketing strategies, costs, and approvals process
10. Property Information: Requirements for property information provision and updating
11. Termination: Conditions and process for termination of the agreement by either party
12. Liability and Indemnity: Scope of agent's liability and any indemnities provided by either party
13. Governing Law and Jurisdiction: Confirmation of Hong Kong law as governing law and jurisdiction for disputes
1. Multiple Properties: Additional terms for cases where the landlord is appointing the agent for multiple properties
2. Property Management Services: Terms covering additional property management services if offered by the agent
3. Referral Arrangements: Terms governing referral fees or arrangements with third parties
4. Insurance Requirements: Specific insurance requirements beyond standard professional indemnity
5. Sub-Agents: Terms governing the appointment and use of sub-agents if permitted
6. Online Marketing Specifics: Detailed terms for digital marketing services and online platforms
7. International Marketing: Additional terms for marketing to international tenants
8. Dispute Resolution: Alternative dispute resolution procedures beyond court proceedings
1. Schedule 1: Property Details: Detailed information about the property/properties covered by the agreement
2. Schedule 2: Commission Rates: Detailed breakdown of commission rates for different services or scenarios
3. Schedule 3: Marketing Plan: Specific marketing activities and timeline
4. Schedule 4: Service Level Agreement: Detailed performance metrics and service standards
5. Schedule 5: Required Documentation: List of documents required from the landlord
6. Appendix A: Agent's License and Qualifications: Copies of relevant licenses and professional qualifications
7. Appendix B: Standard Marketing Materials: Templates or examples of standard marketing materials to be used
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