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GENERAL CAUTION: Read this Agreement
carefully and follow its instructions. If you do not understand
any thing in this Agreement then ask for an explanation to
be given. If you do not understand or agree with any explanation
given then it is best to consult your solicitor before signing
this Agreement.
Information note: Where any thing in
this Agreement is followed by a number in brackets (e.g. (1)),
then immediately read the explanatory note that bears that
number in Schedule 5 to this Agreement. Where any thing in
this Agreement refers to a Schedule to this Agreement, then
immediately read that Schedule.
| 1. |
Appointment of Agent and Validity
Period of this Agreement
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I/We, ______________ ("Purchaser"),
appoint ________________ ("Agent"(2))
subject to and in accordance with the terms of this
Agreement to act as my/our agent in the intended purchase
of the properties listed in Schedule 1 to this Agreement
("Properties"). 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: It is recommended that
the Validity Period should be not more than 3 months.]
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| 2. |
Agency Relationship and
Duties of Agent |
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The Agent agrees with the Purchaser that
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(a)
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the agency relationship between
them in respect of the Properties shall be a single
agency/dual agency/potentially dual agency(3)
as specified in column 4 of Schedule 1 to
this Agreement;
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(b)
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in the case of each dual
agency, the Agent shall as soon as is practicable
disclose in writing to the Purchaser the amount
or rate of commission to be received by the Agent
from the relevant vendor; |
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(c)
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in the case of each potentially
dual agency, the Agent shall as soon as is practicable
after dual agency arises disclose in writing to
the Purchaser such agency relationship and the
amount or rate of commission to be received by
the Agent from the relevant vendor; and
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(d)
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The Agent's duties shall be as
set out in Schedule 2 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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Commission
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The provisions of this Agreement applicable
to the commission to be paid by the Purchaser to the
Agent shall be as set out in Schedules 1, 3 and 5 to
this Agreement(4).
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| 4. |
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Property Information
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The Agent shall provide to the Purchaser
in respect of the Properties all relevant Property Information
Forms including Vendor's Statements prescribed under
the Estate Agents Practice (General Duties and Hong
Kong Residential Properties) Regulation -
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| (a) |
obtained from the respective vendors'
licensed estate agents in the case of single agency;
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| (b) |
duly completed and signed by the
Agent in the case of dual agency or where a vendor
is not represented by a licensed estate agent,
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unless the Purchaser expressly waives
his right to receive any of them.
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5.
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| 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 Properties:
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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 4 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 Purchaser any interest
referred to in paragraph (a) above that may arise
during the Validity Period.
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6.
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Acknowledgement by Purchaser
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The Purchaser acknowledges that he has
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| (a) |
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read and understood the terms of
this Agreement; and
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| (b) |
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received all relevant Property
Information Forms including Vendor's Statements
required to be provided under clause 4 of this
Agreement which the Purchaser has not expressly
waived his right to receive.
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| 7. |
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Schedules
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The Schedules to this Agreement form part
of this Agreement.
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| 8. |
Agreement void if domestic purpose
or use not allowed
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This Agreement shall be void with regard
to a property listed in Schedule 1 if the occupation
permit for that property does not include or allow domestic
purpose or use.
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| 9. |
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 Purchaser:
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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 Purchaser is a company, please state:
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Name of the Signatory:
Position of the Signatory:
Business Registration Certificate number
of the Purchaser:
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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 Purchaser must be given the
original or a copy of this Agreement as signed.]
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Go to FORM 4 -
Schedules | Back to Standard Documents
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