The Listing Agent Agreement is a crucial document in Hong Kong's real estate practice, required whenever a property owner engages a licensed estate agent to market and sell their property. This agreement, regulated by the Estate Agents Ordinance and overseen by the Estate Agents Authority, establishes the formal agency relationship and protects both parties' interests. It typically includes essential details such as the property specifications, listing price, commission structure, marketing strategy, and the scope of the agent's authority. The document must comply with Hong Kong's stringent real estate regulations, including requirements for agency disclosure, personal data protection, and anti-money laundering provisions. It's particularly important as it serves as the primary reference point for the agency relationship and can be either exclusive or non-exclusive in nature.

1. Parties: Identification of the property owner (client) and the listing agent/agency, including license numbers and contact details

2. Background: Brief context about the property listing arrangement and the parties' intention to enter into an agency relationship

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Listing Period', 'Commission', 'Exclusive Agency' etc.

4. Appointment and Authority: Formal appointment of the agent and scope of authority granted by the property owner

5. Property Details: Comprehensive description of the property being listed, including address and identifying details

6. Listing Terms: Specified listing price, marketing period, and type of listing (exclusive or non-exclusive)

7. Agent's Services and Obligations: Detailed description of services to be provided by the agent, including marketing activities and showing procedures

8. Client's Obligations: Property owner's responsibilities, including providing accurate information and maintaining the property

9. Commission Structure: Details of the agent's commission, including rate, calculation method, and payment terms

10. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination

11. Confidentiality: Obligations regarding confidential information and personal data protection

12. Warranties and Representations: Declarations by both parties regarding their authority, property ownership, and other material facts

13. Liability and Indemnification: Scope of agent's liability and mutual indemnification provisions

14. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes

15. Entire Agreement: Standard clause confirming the agreement represents the complete understanding between parties