| 1. |
Appointment of Agent and Validity
Period of this Agreement
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I/We, ____________________________________
("Landlord"), 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 for letting purpose 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 Landlord may be liable to pay commission
to the Agent even if the Property is not let through
the Agent within the Validity Period. The Landlord 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
12.]
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| 2. |
Agency Relationship and Duties of
Agent
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The Agent agrees with the Landlord that
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(a)
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the agency relationship between
them 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 Landlord the amount or rate
of commission to be received by the Agent from
a tenant;
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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 Landlord such agency relationship and the
amount or rate of commission to be received by
the Agent from a tenant; 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 Rental [CAUTION: The
Landlord does not confer upon the Agent, by virtue of
this clause, the right to accept an offer on behalf
of the Landlord. The list rental is for the purpose
of listing and advertising only.]
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The list rental shall be Hong Kong
Dollars _______________________________________ (HK$______________)
per month inclusive/exclusive(1) of rates
and management fee. The list rental can only be varied
with written instructions of the Landlord 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 Landlord 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 Landlord
the Leasing Information Form 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) |
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The Landlord agrees to allow viewing
of the Property by the Agent/tenant(s)(1)
at a mutually agreeable time.
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Yes  No
(8)
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| (b) |
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The Landlord 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) |
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The Landlord 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. |
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Sub-listing
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| (a) |
The Landlord authorizes the Agent
to sub-list the Property and pass relevant information
about the Landlord and the Property supplied by
the Landlord 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 Landlord 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 Landlord any interest
referred to in paragraph (a) above that may arise
during the Validity Period.
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| 10. |
Acknowledgement by Landlord |
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The Landlord 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 Leasing Information
Form required to be provided under clause 5 of
this Agreement.
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(8)
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agreed to receive the Leasing
Information Form before entering into a binding
lease between the Landlord and a tenant.
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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. |
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 Landlord:
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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 Landlord is a company,
please state:
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Name of the Signatory:
Position of the Signatory:
Business Registration Certificate number
of the Landlord:
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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 Landlord must
be given the original or a copy of this Agreement as
signed.]
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