The Buyer Contract With Real Estate Agent is a fundamental document in Hong Kong's real estate transaction process, designed to formalize the relationship between property buyers and their chosen real estate agents. This agreement is essential when an individual or entity plans to engage a licensed real estate professional to assist in searching for and acquiring property in Hong Kong. The document encompasses key elements required by the Estate Agents Ordinance (Cap. 511) and the Estate Agents Authority's regulations, including service scope, commission structures, agent obligations, and client responsibilities. It provides necessary protections for both parties and ensures compliance with Hong Kong's legal requirements for real estate transactions. The agreement is particularly important given Hong Kong's complex property market and the significant financial commitments involved in property purchases.
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1. Parties: Identification of the buyer client and the licensed estate agent/agency, including license numbers and contact details
2. Background: Context of the agreement and the buyer's intention to engage the agent for property search services
3. Definitions: Key terms used throughout the agreement, including 'Property Requirements', 'Agency Period', 'Commission', etc.
4. Appointment and Agency Period: Formal appointment of the agent and duration of the agency relationship
5. Agent's Services: Detailed description of services to be provided by the agent, including property search, arrangement of viewings, and negotiation assistance
6. Property Requirements: Specific requirements and preferences of the buyer regarding the desired property
7. Commission Structure: Details of the agent's commission, including rate, calculation method, and payment terms
8. Agent's Obligations: Legal and professional obligations of the agent, including disclosure requirements and duty of care
9. Client's Obligations: Responsibilities and obligations of the buyer client
10. Confidentiality: Provisions regarding the handling of confidential information
11. Termination: Conditions and procedures for terminating the agency relationship
12. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
1. Dual Agency Disclosure: Required when the agent may potentially represent both buyer and seller
2. Exclusive Agency Terms: Used when the agreement is exclusive rather than non-exclusive
3. Online Property Portal Access: Terms regarding access to premium property listing platforms
4. Overseas Property Services: Additional terms for services related to overseas property search
5. Special Payment Arrangements: Used when non-standard commission payment terms are agreed
6. Property Management Services: Additional terms if the agent will provide property management services post-purchase
1. Schedule 1 - Property Requirements Specification: Detailed list of buyer's requirements including location, size, budget, and other preferences
2. Schedule 2 - Commission Rate Schedule: Detailed breakdown of commission rates and calculation methods
3. Schedule 3 - Required Documents: List of documents required from the buyer for due diligence
4. Appendix A - Estate Agent's License: Copy of the estate agent's license and professional credentials
5. Appendix B - Standard Property Viewing Form: Template form for recording property viewings
6. Appendix C - Personal Information Collection Statement: Statement regarding the collection and use of personal data as required by Hong Kong law
Relevant legal definitions
Agency Period
Agent
Agreement
Business Day
Buyer
Client
Commission
Completion
Confidential Information
Desired Property
Estate Agency Work
Exclusive Agency
Force Majeure
Hong Kong
Licensed Estate Agent
Material Information
Party/Parties
Personal Data
Property Requirements
Property Search Services
Purchase Price
Preliminary Agreement for Sale and Purchase
Professional Services
Related Documents
Required Documents
Search Criteria
Services
Target Properties
Territory
Transaction
Viewing Arrangement
Working Hours
Agent
Agreement
Business Day
Buyer
Client
Commission
Completion
Confidential Information
Desired Property
Estate Agency Work
Exclusive Agency
Force Majeure
Hong Kong
Licensed Estate Agent
Material Information
Party/Parties
Personal Data
Property Requirements
Property Search Services
Purchase Price
Preliminary Agreement for Sale and Purchase
Professional Services
Related Documents
Required Documents
Search Criteria
Services
Target Properties
Territory
Transaction
Viewing Arrangement
Working Hours
Clauses
Appointment
Agency Terms
Duration
Services
Property Requirements
Commission
Payment Terms
Agent Obligations
Client Obligations
Representations and Warranties
Confidentiality
Personal Data Protection
Compliance
Professional Standards
Disclosure
Dual Agency
Termination
Force Majeure
Liability
Indemnification
Assignment
Notices
Amendments
Entire Agreement
Severability
Waiver
Governing Law
Dispute Resolution
Anti-Money Laundering
Electronic Communications
Agency Terms
Duration
Services
Property Requirements
Commission
Payment Terms
Agent Obligations
Client Obligations
Representations and Warranties
Confidentiality
Personal Data Protection
Compliance
Professional Standards
Disclosure
Dual Agency
Termination
Force Majeure
Liability
Indemnification
Assignment
Notices
Amendments
Entire Agreement
Severability
Waiver
Governing Law
Dispute Resolution
Anti-Money Laundering
Electronic Communications
Relevant Industries
Real Estate
Property Development
Property Investment
Professional Services
Property Management
Financial Services
Legal Services
Relevant Teams
Legal
Compliance
Real Estate
Sales
Client Relations
Risk Management
Property Management
Contract Administration
Operations
Relevant Roles
Real Estate Agent
Property Consultant
Real Estate Broker
Compliance Officer
Legal Counsel
Property Manager
Sales Director
Client Relations Manager
Contract Administrator
Risk Manager
Property Acquisition Manager
Estate Agency Manager
Transaction Coordinator
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