The Listing Agent Contract is a crucial document in Hong Kong's real estate transactions, required whenever a property owner engages a licensed estate agent to market their property. It must comply with the Estate Agents Ordinance (Cap. 511) and the Estate Agents Authority's regulations, which mandate specific content and forms. The contract establishes the agent's authority to market the property, sets out commission terms, and defines the scope of services. It includes mandatory provisions for consumer protection and professional conduct, reflecting Hong Kong's strict regulatory framework for real estate transactions. This document is essential for both residential and commercial properties, protecting the interests of both the property owner and the estate agent while ensuring compliance with local laws.
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1. Parties: Identification of the property owner (the Principal) and the licensed estate agent (the Agent), including license numbers and contact details
2. Background: Brief context explaining the owner's intention to sell/lease the property and appointment of the agent
3. Definitions: Key terms used throughout the agreement, including Property, Listing Period, Commission, and other relevant terms
4. Appointment and Authority: Formal appointment of the agent and scope of authority granted by the principal
5. Property Details: Detailed description of the property being listed, including address and identifying features
6. Listing Terms: Specified asking price/rent, listing period, and type of agency (exclusive/non-exclusive)
7. Agent's Services and Obligations: Detailed description of services to be provided by the agent, including marketing activities and showing the property
8. Commission Structure: Commission rate, payment terms, and conditions for commission becoming payable
9. Principal's Obligations: Property owner's responsibilities, including providing accurate information and reasonable access to the property
10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated
11. Compliance with Laws: Commitment to comply with relevant Hong Kong laws and regulations
12. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
13. Execution: Signature blocks for all parties and witnessing requirements
1. Additional Services: Details of any extra services offered beyond standard listing services, such as staging or photography
2. Property Management: Terms relating to management of the property during the listing period, if required
3. Online Marketing Package: Specific terms for enhanced online marketing services if offered
4. International Marketing: Terms for marketing the property to international buyers/tenants if applicable
5. Sub-Agency Arrangements: Terms governing cooperation with other agents if permitted
6. Post-Transaction Services: Additional services to be provided after successful transaction
7. Force Majeure: Provisions for unforeseen circumstances affecting contract performance
1. Schedule 1: Property Details: Comprehensive property information including lot number, floor area, and facilities
2. Schedule 2: Commission Schedule: Detailed breakdown of commission structures and payment terms
3. Schedule 3: Marketing Plan: Detailed marketing strategy and activities to be undertaken
4. Schedule 4: Property Condition Report: Current condition of the property and any known issues
5. Appendix A: Estate Agency Agreement Form: Mandatory form prescribed by the Estate Agents Authority (Form 3 or Form 4)
6. Appendix B: Property Information Form: Statutory form containing detailed property information as required by regulations
7. Appendix C: Photo Schedule: Photographs of the property approved for marketing use
Relevant legal definitions
Agreement
Agent
Agency Period
Asking Price
Business Day
Commission
Completion
Confidential Information
Effective Date
Estate Agency Work
Exclusive Agency
Force Majeure
Hong Kong
Intellectual Property Rights
Listing
Listing Period
Marketing Materials
Non-Exclusive Agency
Property
Principal
Purchase Price
Purchaser
Related Documents
Sale and Purchase Agreement
Services
Sub-Agent
Successful Transaction
Term
Territory
Transaction
Vendor
Agent
Agency Period
Asking Price
Business Day
Commission
Completion
Confidential Information
Effective Date
Estate Agency Work
Exclusive Agency
Force Majeure
Hong Kong
Intellectual Property Rights
Listing
Listing Period
Marketing Materials
Non-Exclusive Agency
Property
Principal
Purchase Price
Purchaser
Related Documents
Sale and Purchase Agreement
Services
Sub-Agent
Successful Transaction
Term
Territory
Transaction
Vendor
Clauses
Agency Appointment
Authority Grant
Commission
Confidentiality
Data Protection
Exclusivity
Force Majeure
Governing Law
Indemnification
Insurance
Intellectual Property
License and Compliance
Limitations of Liability
Marketing Rights
Non-Solicitation
Performance Obligations
Property Access
Record Keeping
Regulatory Compliance
Representations and Warranties
Service Scope
Sub-Agency
Term and Termination
Third Party Rights
Variation and Amendment
Warranties and Undertakings
Authority Grant
Commission
Confidentiality
Data Protection
Exclusivity
Force Majeure
Governing Law
Indemnification
Insurance
Intellectual Property
License and Compliance
Limitations of Liability
Marketing Rights
Non-Solicitation
Performance Obligations
Property Access
Record Keeping
Regulatory Compliance
Representations and Warranties
Service Scope
Sub-Agency
Term and Termination
Third Party Rights
Variation and Amendment
Warranties and Undertakings
Relevant Industries
Real Estate
Property Development
Property Management
Residential Property
Commercial Property
Retail Property
Industrial Property
Luxury Property
Property Investment
Relevant Teams
Legal
Compliance
Real Estate
Sales
Property Management
Business Development
Contract Administration
Marketing
Risk Management
Operations
Relevant Roles
Real Estate Agent
Property Manager
Sales Director
Business Development Manager
Property Consultant
Legal Counsel
Compliance Officer
Real Estate Broker
Agency Manager
Property Sales Manager
Contract Administrator
Real Estate Transaction Manager
Leasing Manager
Property Marketing Manager
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