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Agency Listing Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Agency Listing Agreement

I need a Hong Kong Agency Listing Agreement for an exclusive 6-month arrangement starting March 2025, to sell a luxury residential property in The Peak area, with specific provisions for international marketing and a tiered commission structure based on the final sale price.

Document background
The Agency Listing Agreement is a crucial document in Hong Kong's real estate market, used when property owners wish to engage professional estate agents to market and sell their properties. This agreement must comply with Hong Kong's Estate Agents Ordinance and related regulations, which set strict requirements for real estate transactions and agency relationships. The document typically includes detailed property information, commission structures, marketing terms, and obligations of both parties. It serves as the primary contract governing the relationship between the property owner and the estate agency, incorporating necessary provisions for data privacy, anti-money laundering compliance, and consumer protection. The agreement is particularly important in Hong Kong's dynamic property market, where high-value transactions and complex regulatory requirements necessitate clear documentation of agency arrangements.
Suggested Sections

1. Parties: Identification of the Property Owner/Vendor and the Estate Agency, including license numbers

2. Background: Context of the agreement and confirmation of property ownership

3. Definitions: Key terms used throughout the agreement including Property, Listing Period, Asking Price, Commission

4. Appointment and Authority: Scope of agency appointment and authority granted to the agent

5. Property Details: Comprehensive description of the property including address, specifications, and title details

6. Listing Terms: Duration of listing, asking price, and marketing conditions

7. Commission Structure: Commission rate, payment terms, and circumstances when commission becomes payable

8. Agent's Obligations: Duties and responsibilities of the estate agent

9. Owner's Obligations: Duties and responsibilities of the property owner

10. Termination: Conditions and process for terminating the agreement

11. Compliance with Laws: Acknowledgment of compliance with relevant Hong Kong laws and regulations

12. Personal Data Handling: Provisions for handling personal data in accordance with PDPO

13. Governing Law: Specification of Hong Kong law as governing law

14. Execution: Signing section with declaration of understanding

Optional Sections

1. Exclusive Agency Rights: Additional terms for exclusive agency arrangements, used when the owner grants exclusive rights to the agent

2. Multiple Properties: Additional provisions for listing multiple properties, used when more than one property is being listed

3. Marketing Budget: Detailed marketing expenditure terms, used when specific marketing commitments are agreed

4. Special Conditions: Any unique terms or conditions specific to the property or arrangement

5. Dual Agency Disclosure: Required when the agent may represent both seller and buyer

6. Property Management: Additional terms for property management services if offered alongside listing

7. Foreign Investment Disclosure: Required when the property may be marketed to foreign investors

Suggested Schedules

1. Schedule 1 - Property Details: Detailed property specifications, including floor plans, facilities, and conditions

2. Schedule 2 - Commission Schedule: Detailed breakdown of commission structures and payment terms

3. Schedule 3 - Marketing Plan: Proposed marketing activities and timeline

4. Schedule 4 - Property Photographs: Official photographs of the property approved for marketing

5. Appendix A - Required Forms: Mandatory forms required under the Estate Agents Ordinance

6. Appendix B - Property Ownership Documents: Copies of relevant title documents and certificates

7. Appendix C - Disclosure Statement: Required disclosures under Hong Kong real estate regulations

Authors

Alex Denne

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

Relevant legal definitions


































Clauses






























Relevant Industries

Real Estate

Property Development

Property Management

Real Estate Investment

Commercial Property

Residential Property

Retail Property

Industrial Property

Luxury Property

Professional Services

Relevant Teams

Legal

Compliance

Real Estate

Sales

Property Management

Operations

Risk Management

Business Development

Contract Administration

Marketing

Transaction Management

Relevant Roles

Real Estate Agent

Property Manager

Legal Counsel

Compliance Officer

Sales Director

Property Developer

Real Estate Investment Manager

Business Development Manager

Contract Administrator

Risk Manager

Property Consultant

Estate Agency Branch Manager

Sales and Marketing Director

Transaction 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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