The Broker To Broker Referral Form is an essential document in Hong Kong's real estate industry, designed to formalize referral arrangements between licensed real estate professionals. This document is typically used when one broker wishes to refer a client to another broker who may be better positioned to serve the client's needs, whether due to specialization, location, or specific market knowledge. The form must comply with Hong Kong's Estate Agents Ordinance (Cap. 511) and related regulations, including data privacy laws and professional conduct requirements. It details the terms of the referral relationship, commission splitting arrangements, and the responsibilities of each party while protecting the interests of all involved stakeholders. The document serves as both a legal agreement and a record-keeping tool for regulatory compliance.
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1. Parties: Identification of the referring broker and receiving broker, including their license numbers and company details
2. Background: Brief context explaining the purpose of the referral arrangement
3. Definitions: Key terms used in the agreement including 'Referral', 'Referral Fee', 'Client', and 'Transaction'
4. Referral Details: Specific information about the referred client and the nature of their real estate needs
5. Commission Structure: Clear outline of the agreed referral fee or commission split arrangement
6. Responsibilities: Detailed obligations of both brokers regarding the referral
7. Term and Termination: Duration of the referral arrangement and conditions for termination
8. Confidentiality: Obligations regarding client information and data protection
9. Governing Law: Specification that Hong Kong law governs the agreement
10. Signatures: Execution block for both parties
1. Non-Solicitation: Optional clause preventing direct solicitation of the referred client, used when there's concern about client poaching
2. Dispute Resolution: Optional detailed dispute resolution procedures, recommended for higher-value referral arrangements
3. Insurance: Optional clause specifying required professional insurance coverage, used for high-value or complex transactions
4. Multiple Referral Arrangements: Optional section for ongoing referral relationships rather than one-off referrals
5. Marketing and Promotion: Optional terms regarding how the receiving broker may market to or communicate with the referred client
1. Client Information Form: Details of the referred client including contact information and property requirements
2. Commission Calculation Schedule: Detailed breakdown of how referral fees will be calculated and examples if applicable
3. Broker License Verification: Copies of current broker licenses and relevant certifications
4. Data Privacy Consent Form: Client's consent for sharing personal information between brokers
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