Exclusive Seller Brokerage Agreement Template for Indonesia

The Exclusive Seller Brokerage Agreement is a crucial document in Indonesian real estate transactions, used when a property owner wishes to grant sole and exclusive rights to a specific broker or brokerage firm to market and sell their property. This document, governed by Indonesian law including the Civil Code (KUHPer) and Ministry of Trade Regulation No. 33/M-DAG/PER/8/2008, establishes the terms under which the broker will represent the property, including commission structures, marketing responsibilities, and the duration of the exclusive relationship. It provides protection for both the broker's efforts and the owner's interests, while ensuring compliance with Indonesian property law and real estate regulations. The agreement is particularly important in establishing clear rights and obligations in the Indonesian market, where exclusive brokerage relationships need to be carefully documented to be enforceable.

1. Parties: Identification of the property owner (seller) and the licensed real estate broker/brokerage firm, 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 through the broker's services

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Exclusive Period', 'Commission', 'Listing Price', and other relevant terms

4. Appointment and Scope: Explicit statement of exclusive appointment and detailed scope of broker's services

5. Term and Exclusivity: Duration of the agreement and nature of exclusive rights granted to the broker

6. Broker's Rights and Obligations: Comprehensive list of broker's responsibilities, including marketing efforts, showing property, negotiating with potential buyers

7. Owner's Rights and Obligations: Owner's commitments, including providing access to property, maintaining property condition, and providing necessary documentation

8. Commission Structure: Detailed explanation of commission rates, payment terms, and conditions for commission earning

9. Property Details and Pricing: Agreed listing price and property description

10. Marketing Authorization: Permission for specific marketing activities and use of property information

11. Representations and Warranties: Statements of fact by both parties regarding their authority, property condition, and other material matters

12. Termination: Conditions and procedures for ending the agreement, including any early termination fees

13. Governing Law and Dispute Resolution: Choice of Indonesian law and method for resolving disputes

14. General Provisions: Standard clauses including notices, amendments, assignment, and severability