The Real Estate Agent Contract With Seller is a fundamental document used in Hong Kong's property market when a property owner wishes to engage a professional real estate agent to sell their property. This agreement is essential for compliance with Hong Kong's Estate Agents Ordinance and must follow specific requirements set by the Estate Agents Authority, including the use of prescribed forms and mandatory disclosures. The document establishes the scope of the agent's authority, commission structure, marketing rights, and obligations of both parties. It's particularly important in Hong Kong's dynamic property market where transactions must be handled with precise regulatory compliance and professional standards. The contract protects both the agent's and seller's interests while ensuring transparency in the property sale process.
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1. Parties: Identification of the Property Seller and the Estate Agent, including license numbers and contact details
2. Background: Context of the agreement, including the seller's intention to sell the property and appointment of the agent
3. Definitions: Key terms used in the agreement, including 'Property', 'Listing Price', 'Commission', 'Exclusive Agency Period' if applicable
4. Appointment and Agency Period: Terms of the agent's appointment and duration of the agency relationship
5. Property Details: Comprehensive description of the property, including address, features, and listing price
6. Agent's Services and Obligations: Detailed scope of services to be provided by the agent, including marketing, showing property, and negotiation
7. Commission Structure: Commission rate, payment terms, and conditions for commission becoming payable
8. Seller's Obligations: Seller's responsibilities, including providing accurate information and property access
9. Marketing Authorization: Permission for advertising, photography, and promotion of the property
10. Termination: Conditions and procedures for terminating the agreement
11. Governing Law and Jurisdiction: Specification of Hong Kong law as governing law and jurisdiction for disputes
1. Exclusive Agency Terms: Used when the agreement is exclusive, defining the terms of exclusivity and related obligations
2. Property Management Arrangements: Included when the property has specific management or maintenance requirements during the selling period
3. Special Conditions: Added when there are unique circumstances or requirements for the particular property or sale
4. Dual Agency Disclosure: Required when the agent might potentially represent both seller and buyer
5. Foreign Investment Considerations: Included when the property might attract foreign buyers with specific regulatory requirements
6. Online Marketing Provisions: Specific terms for digital marketing and online promotional activities
1. Schedule 1 - Property Details: Detailed description of the property, including lot number, floor area, and included fixtures
2. Schedule 2 - Commission Schedule: Detailed breakdown of commission rates and payment structures
3. Schedule 3 - Marketing Plan: Specific marketing activities and timeline proposed by the agent
4. Appendix A - Property Photographs: Current photographs of the property approved for marketing use
5. Appendix B - Property Documentation: List of property-related documents provided by the seller
6. Appendix C - Estate Agents Authority Prescribed Forms: Required forms and disclosures as mandated by the Estate Agents Authority
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