The Real Estate Agent Contract With Broker is a fundamental document used in Hong Kong's real estate industry to formalize the business relationship between licensed real estate brokers and their affiliated agents. This agreement is essential for compliance with Hong Kong's Estate Agents Ordinance (Cap. 511) and related regulations, which require specific licensing, operational standards, and professional conduct in real estate transactions. The document typically includes comprehensive details about commission structures, territorial rights, marketing permissions, compliance requirements, and operational procedures. It's particularly important in Hong Kong's dynamic property market, where clear delineation of rights and responsibilities between brokers and agents is crucial for successful real estate operations and regulatory compliance. The contract serves as a cornerstone document for establishing professional relationships in the real estate sector while ensuring alignment with Hong Kong's stringent regulatory framework.
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1. Parties: Identification of the broker and the real estate agent, including their respective license numbers and business addresses
2. Background: Context of the agreement and brief description of the business relationship to be established
3. Definitions: Key terms used throughout the agreement, including technical and regulatory terminology
4. Appointment and Scope: Terms of the agent's appointment, territory coverage, and types of properties/transactions authorized to handle
5. Licensing and Compliance: Confirmation of required licenses and commitment to maintain compliance with Hong Kong regulations
6. Duties and Responsibilities: Detailed obligations of both parties, including reporting requirements and operational procedures
7. Commission Structure: Details of commission rates, calculation methods, and payment terms
8. Marketing and Branding: Guidelines for use of broker's brand, marketing materials, and advertising standards
9. Confidentiality: Obligations regarding confidential information and client data protection
10. Term and Termination: Duration of the agreement and conditions for termination
11. Professional Indemnity: Insurance requirements and liability provisions
12. Dispute Resolution: Procedures for handling disputes and jurisdiction clause
13. General Provisions: Standard contractual clauses including notices, amendments, and governing law
1. Training and Support: Details of training programs and support services provided by the broker, included when the broker offers comprehensive agent development programs
2. Exclusive Listings: Terms for handling exclusive property listings, included when the broker allows agents to maintain exclusive listings
3. Team Structure: Rules for building and managing teams under the agent, included when the agent is authorized to build their own team
4. Online Platforms: Terms for using broker's online platforms and tools, included when the broker provides proprietary technology
5. International Referrals: Procedures for handling international property referrals, included when the broker has international operations
6. Additional Services: Terms for providing additional services like property management or consultancy, included when the agent offers services beyond standard agency work
1. Schedule 1: Commission Schedule: Detailed breakdown of commission rates for different types of properties and transaction values
2. Schedule 2: Territorial Coverage: Specific details of the geographical areas where the agent is authorized to operate
3. Schedule 3: Marketing Guidelines: Detailed marketing and branding requirements, including approved formats and templates
4. Schedule 4: Compliance Checklist: List of regulatory requirements and compliance procedures
5. Appendix A: Required Forms: Standard forms and documents required for transactions
6. Appendix B: Technology Systems: Details of broker's technology platforms and access protocols
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