| 1. |
Appointment of Agent and Validity
Period of this Agreement
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I/We, _____________ ("Vendor"), appoint
_____________ ("Agent"(2)) subject to and
in accordance with the terms of this Agreement to act
as my/our exclusive(3)/ non-exclusive(1)
agent in the marketing of ____________("Property").
This Agreement shall take effect on _____________ (D/M/Y)
and expire on ______________(D/M/Y) (both days inclusive)
("Validity Period").
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[CAUTION: In the case of exclusive
agency, the Vendor may be liable to pay commission to
the Agent even if the Property is not sold through the
Agent within the Validity Period. The Vendor should
therefore consider carefully when he enters into an
exclusive agency relationship with the Agent. Special
obligations to be performed by the Agent under exclusive
agency may be specified as extra terms under clause
13.]
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| 2. |
Agency Relationship and Duties of Agent |
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The Agent agrees with the Vendor that
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(a)
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the agency relationship between
them in respect of the Property shall be a single
agency/dual agency/potentially dual agency(3)(1);
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(b)
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in the case of dual agency, the Agent
shall as soon as is practicable disclose in writing
to the Vendor the amount or rate of commission to
be received by the Agent from a purchaser; |
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(c)
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in the case of potentially dual
agency, the Agent shall as soon as is practicable
after dual agency arises disclose in writing to
the Vendor such agency relationship and the amount
or rate of commission to be received by the Agent
from a purchaser; and
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(d)
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The Agent's duties shall be as
set out in Schedule 1 to this Agreement, in addition
to the duties placed on the Agent by this Agreement
or any enactment.
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3.
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List Price [CAUTION: The
Vendor does not confer upon the Agent, by virtue of
this clause, the right to accept an offer on behalf
of the Vendor. The list price is for the purpose of
listing and advertising only.]
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The list price shall be Hong Kong Dollars_____________
(HK$__________). The list price can only be varied with
written instructions of the Vendor and such instructions
shall form part of this Agreement.
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| 4. |
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Commission
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The provisions of this Agreement applicable
to the commission to be paid by the Vendor to the Agent
shall be as set out in Schedules 2 and 4 to this Agreement(4).
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5.
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Property Information
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The Agent shall provide to the Vendor
the Property Information Form including the Vendor's
Statement prescribed under the Estate Agents Practice
(General Duties and Hong Kong Residential Properties)
Regulation duly completed and signed by the Agent.
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6.
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Property Inspection
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| (a) |
The Vendor agrees to allow viewing
of the Property by the Agent/purchaser(s)(1)
at a mutually agreeable time.
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Yes  No
(8)
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| (b) |
The Vendor agrees to pass the keys
of the Property to the Agent for safe custody and
for the viewing of the Property.
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Yes  No
(8)
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| (c) |
The Vendor authorizes the Agent
to pass the keys to other estate agents/persons(1)
for the viewing of the Property.
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Yes No
(8)
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| 7. |
Sub-listing
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| (a) |
The Vendor authorizes the Agent
to sub-list the Property and pass relevant information
about the Vendor and the Property supplied by
the Vendor to other estate agents for sub-listing
purposes.
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Yes No
(8)
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| (b) |
If the Agent sub-lists the Property
to another estate agent ("sub-listing agent"),
the Agent shall ensure that the sub-listing agent
shall observe the Estate Agents Practice (General
Duties and Hong Kong Residential Properties) Regulation
regarding advertising.
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| 8. |
Advertising
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| (a) |
The Vendor authorizes the Agent
to issue advertisement in respect of the Property.
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Yes No
(8)
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| (b) |
If the answer to the above is "yes",
then the advertising fees will be borne by the
Agent unless otherwise specified in this Agreement.
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| 9. |
Disclosure of Interest by Agent
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| (a) |
The person signing this Agreement
on behalf of the Agent discloses that he or his
specified relative(5), or any nominee
of his or of his specified relative, or the Agent
or any employee/substantial shareholder(6)/partner/director
of the Agent has a pecuniary or other beneficial
interest(7) in the Property:
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Yes No
(8)
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| (b) |
If the answer to the above is "yes",
then the particulars of the interest must be specified
in Schedule 3 to this Agreement.
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| (c) |
The person signing this Agreement
on behalf of the Agent shall as soon as is practicable
disclose in writing to the Vendor any interest
referred to in paragraph (a) above that may arise
during the Validity Period.
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| 10. |
Acknowledgement by Vendor |
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The Vendor acknowledges that he has -
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| (a) |
read and understood the terms of
this Agreement; and
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| (b) |
(8)
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received the Property Information
Form including the Vendor's Statement required
to be provided under clause 5 of this Agreement.
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(8)
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agreed to receive the Property
Information Form including the Vendor's Statement
before entering into a binding agreement for sale
and purchase between the vendor and a purchaser.
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| 11. |
Schedules |
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The Schedules to this Agreement form
part of this Agreement.
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| 12. |
Agreement void if domestic purpose
or use not allowed |
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This Agreement shall be void if the occupation
permit for the Property does not include or allow domestic
purpose or use.
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| 13. |
Extra Terms [CAUTION:
These extra terms cannot conflict with or limit the other
terms of this Agreement.]:
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| __________________ |
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Signature of the Vendor:
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Signature of the estate agent/salesperson
signing for and
on behalf of the Agent:
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Hong Kong identity card(s) number(s):
(if applicable)
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Name and licence number of the
signatory:
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Where the Vendor is a company,
please state:
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Name of the Signatory:
Position of the Signatory:
Business Registration Certificate number
of the Vendor:
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Number of Agent's statement of
particulars of business:
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Address:
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Address:
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Telephone number:
Fax number:
Date:
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Telephone number:
Fax number:
Date:
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[CAUTION: Immediately after this
Agreement has been signed, the Vendor must be given
the original or a copy of this Agreement as signed.]
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