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FORM 6
ESTATE AGENCY AGREEMENT FOR LEASING
OF
RESIDENTIAL PROPERTIES IN HONG KONG

for use between an estate agent and a tenant

This Form is prescribed by the Estate Agents Authority in accordance with the Estate Agents Ordinance


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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

I/We, _________________________________ ("Tenant"), appoint _________________________ ("Agent"(2)) subject to and in accordance with the terms of this Agreement to act as my/our agent in the intended renting 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").

[CAUTION : It is recommended that the Validity Period should be not more than 3 months.

2. Agency Relationship and Duties of Agent

The Agent agrees with the Tenant that -

(a)

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;

(b)

in the case of each dual agency, the Agent shall as soon as is practicable disclose in writing to the Tenant the amount or rate of commission to be received by the Agent from the relevant landlord;

(c)

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 Tenant such agency relationship and the amount or rate of commission to be received by the Agent from the relevant landlord; and

(d)

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.

3.

Commission

The provisions of this Agreement applicable to the commission to be paid by the Tenant to the Agent shall be as set out in Schedules 1, 3 and 5 to this Agreement(4).

4.

Property Information

The Agent shall provide to the Tenant in respect of the Properties all relevant Leasing Information Forms prescribed under the Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation -

(a)

obtained from the respective landlords' licensed estate agents in the case of single agency;

(b)

duly completed and signed by the Agent in the case of dual agency or where a landlord is not represented by a licensed estate agent,

unless the Tenant expressly waives his right to receive any of them.

5.

Disclosure of Interest by Agent

(1)

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:

Yes   No (8)

(2)

If the answer to the above is "yes", then the particulars of the interest must be specified in Schedule 4 to this Agreement.

(3)

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.

6.

Acknowledgement by Tenant

The Tenant acknowledges that he has -

(a)

read and understood the terms of this Agreement; and

(b)

received all relevant Leasing Information Forms required to be provided under clause 4 of this Agreement which the Tenant has not expressly waived his right to receive.

7.

Schedules

The Schedules to this Agreement form part of this Agreement.

8.

Extra Terms [CAUTION: These extra terms cannot conflict with or limit the other terms of this Agreement] :

____________________________________________

Signature of the Tenant:

Signature of the estate agent/salesperson signing for and on behalf of the Agent:

Hong Kong identity card(s) number(s):
(if applicable)

Name and licence number of the signatory:

Where the Tenant is a company, please state:

Name of the Signatory:
Position of the Signatory:
Business Registration Certificate number of the Tenant:

Number of Agent's statement of particulars of
business:

Address:

Telephone number:
Fax number:
Date:

Address:

Telephone number:
Fax number:
Date:

[CAUTION :Immediately after this Agreement has been signed, the Tenant must be given the original or a copy of this Agreement as signed.]

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