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Estate Agency Contract

Estate Agency Contract Template for Hong Kong

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Key Requirements PROMPT example:

Estate Agency Contracts

"I need a standard Estate Agency Contract for my Hong Kong-based luxury residential property agency, focusing on exclusive listing arrangements with high-net-worth property owners and including comprehensive marketing services and overseas buyer provisions."

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Document background
Estate Agency Contracts are essential documents in Hong Kong's real estate industry, required whenever a property owner, buyer, landlord, or tenant engages the services of a licensed estate agent. These contracts must comply with the Estate Agents Ordinance (Cap. 511) and its subsidiary legislation, which mandates the use of prescribed forms (Form 3 for residential properties and Form 5 for non-residential properties). The agreement details the scope of services, commission arrangements, agency period, and obligations of all parties involved. Estate Agency Contracts are particularly important in Hong Kong's dynamic property market, where transactions must adhere to strict regulatory requirements and professional standards. The document serves both as a legal protection mechanism and a clear framework for the agency relationship, ensuring transparency and compliance with local real estate laws and regulations.
Suggested Sections

1. Parties: Identification of the estate agent/agency and the client (vendor/purchaser/landlord/tenant), including license numbers and contact details

2. Background: Brief context of the appointment and the property transaction intended

3. Definitions: Key terms used in the agreement including 'Property', 'Services', 'Commission', 'Exclusive Agency Period' if applicable

4. Appointment of Agent: Formal appointment clause and scope of authority granted to the agent

5. Duration of Agreement: Term of the agency agreement, including start and end dates

6. Agent's Services: Detailed description of services to be provided by the agent

7. Commission: Commission rate, calculation method, and payment terms

8. Client's Obligations: Responsibilities of the client, including providing accurate information and cooperation

9. Agent's Obligations: Statutory and contractual duties of the agent, including disclosure requirements

10. Termination: Circumstances and procedures for terminating the agreement

11. Governing Law: Confirmation of Hong Kong law as governing law

12. Signatures: Execution block for all parties

Optional Sections

1. Exclusive Agency Rights: Used when the agreement is exclusive, defining the terms of exclusivity

2. Multiple Listing Arrangements: Used when the property may be listed with multiple agencies

3. Marketing Budget: Include when specific marketing activities and associated costs are agreed upon

4. Overseas Marketing: Used when property will be marketed to overseas buyers/tenants

5. Property Management: Include when agent will provide additional property management services

6. Confidentiality: Additional confidentiality provisions beyond standard terms

7. Force Majeure: Include when parties want specific provisions for unforeseen circumstances

8. Anti-Money Laundering Compliance: Additional AML provisions for high-value transactions

Suggested Schedules

1. Schedule 1 - Property Details: Detailed description of the property, including address, size, facilities

2. Schedule 2 - Commission Structure: Detailed breakdown of commission calculations and payment scenarios

3. Schedule 3 - Agency Services: Comprehensive list of services to be provided by the agent

4. Schedule 4 - Marketing Plan: Detailed marketing strategy and activities (if applicable)

5. Appendix A - Property Information Form: Standard form containing detailed property information as required by regulations

6. Appendix B - Agent's License Details: Copy of agent's license and company registration details

7. Appendix C - Prescribed Warning Statements: Mandatory warnings and notices required by Hong Kong law

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions





































Clauses






























Relevant Industries

Real Estate

Residential Property

Commercial Property

Industrial Property

Retail Property

Luxury Property

Property Development

Property Investment

Property Management

Relevant Teams

Legal

Compliance

Real Estate

Sales

Property Management

Operations

Business Development

Contract Administration

Risk Management

Property Services

Relevant Roles

Estate Agent

Property Agent

Real Estate Broker

Property Consultant

Sales Director

Leasing Manager

Property Manager

Compliance Officer

Legal Counsel

Contract Manager

Real Estate Manager

Branch Manager

Agency Director

Business Development Manager

Operations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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