Exclusive Agency Agreement (Real Estate) Template for Indonesia

The Exclusive Agency Agreement (Real Estate) is a crucial document in Indonesian property transactions, used when a property owner wishes to grant sole marketing and selling/leasing rights to a specific real estate agency. This arrangement is particularly common for high-value properties or when owners seek dedicated, focused marketing efforts. The agreement must comply with Indonesian real estate regulations and consumer protection laws, particularly addressing commission structures, marketing obligations, and agency responsibilities. It provides legal protection for both the agency's exclusive rights and the owner's interests, while ensuring compliance with local property transaction requirements. The document is typically notarized and includes specific provisions for the Indonesian market, such as marketing restrictions, property handling procedures, and commission structures aligned with local market practices.

1. Parties: Identification of the Property Owner and the Real Estate Agency, including their complete legal names, addresses, and registration details

2. Background: Context of the agreement, including brief description of the property and the owner's intention to sell/lease through an exclusive agency arrangement

3. Definitions: Key terms used in the agreement including 'Exclusive Agency', 'Property', 'Agency Period', 'Commission', 'Gross Sale Price'

4. Appointment and Scope: Formal appointment of the agent as exclusive representative and detailed scope of authority

5. Duration: Term of the exclusive agency agreement, including start and end dates

6. Agent's Rights and Obligations: Detailed responsibilities of the agent including marketing, showing property, negotiating, reporting

7. Owner's Rights and Obligations: Property owner's commitments, including providing accurate information, access to property, and maintaining the property

8. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission eligibility

9. Marketing and Advertising: Specifications for marketing activities, advertising methods, and cost responsibilities

10. Termination: Conditions and procedures for early termination of the agreement

11. Confidentiality: Obligations regarding confidential information and client privacy

12. Governing Law: Specification of Indonesian law as governing law and jurisdiction

13. Execution: Signature blocks and execution requirements