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Estate Agent Contract for Indonesia

Estate Agent Contract Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes the professional relationship between a property owner/seller and a real estate agent or agency. The contract defines the terms and conditions under which the agent will market and sell/lease the property, including commission structures, service obligations, marketing responsibilities, and compliance requirements under Indonesian real estate regulations. This document incorporates specific provisions required by Indonesian civil code (KUH Perdata) and relevant Ministry of Trade regulations, while addressing local real estate practice requirements and consumer protection considerations.

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What is a Estate Agent Contract?

The Estate Agent Contract is a fundamental document in Indonesian real estate transactions, used to formalize the relationship between property owners and real estate agents/agencies. This agreement is essential when a property owner wishes to engage professional services for the marketing, sale, or lease of their property in Indonesia. The contract must comply with Indonesian civil code (KUH Perdata), Ministry of Trade regulations, and local real estate association requirements. It typically includes detailed provisions on commission structures, service scope, marketing strategies, agent authorities, and owner obligations. The document also addresses specific Indonesian market considerations such as property certification requirements, local marketing practices, and regulatory compliance. This contract type is particularly important given Indonesia's complex property market regulations and the need for clear delineation of responsibilities between parties in real estate transactions.

What sections should be included in a Estate Agent Contract?

1. Parties: Identification of the property owner/seller and the estate agent, including full legal names, addresses, and business registration details

2. Background: Context of the agreement, including brief description of the property and the parties' intention to enter into an agency relationship

3. Definitions: Key terms used throughout the agreement including 'Property', 'Commission', 'Exclusive Agency', 'Marketing Period', etc.

4. Appointment and Authority: Formal appointment of the agent and scope of authority granted by the property owner

5. Agent's Services and Obligations: Detailed description of services to be provided by the agent, including marketing, showings, negotiations, and reporting

6. Property Owner's Obligations: Owner's responsibilities including providing accurate information, access to the property, and cooperation with the agent

7. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission eligibility

8. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party

9. Marketing and Advertising: Agreed marketing strategies, advertising methods, and associated costs

10. Confidentiality: Obligations regarding confidential information and client privacy

11. Liability and Indemnification: Allocation of risks and responsibilities between parties

12. Governing Law: Specification of Indonesian law as governing law and jurisdiction for disputes

13. Dispute Resolution: Process for handling disagreements and conflicts between parties

14. Notices: Methods and addresses for formal communications between parties

15. General Provisions: Standard contractual provisions including entire agreement, amendments, and severability

What sections are optional to include in a Estate Agent Contract?

1. Exclusive Agency Rights: Used when the agreement is for exclusive agency rights rather than open listing

2. International Marketing: Include when the property will be marketed to international buyers, including specific requirements and considerations

3. Multiple Properties: When the agreement covers multiple properties under the same owner

4. Sub-Agents: Include when the agent has the right to appoint sub-agents or collaborate with other agencies

5. Special Property Features: For properties with unique characteristics requiring special marketing or handling

6. Digital Marketing Rights: Specific provisions for online marketing, virtual tours, and social media promotion

7. Post-Termination Obligations: Include when there are specific obligations that survive after agreement termination

What schedules should be included in a Estate Agent Contract?

1. Property Details: Comprehensive description of the property, including legal description, certificates, and current condition

2. Commission Schedule: Detailed breakdown of commission structures, including any sliding scales or special circumstances

3. Marketing Plan: Detailed marketing strategy and timeline, including specific advertising channels and budget

4. Service Level Agreement: Specific performance metrics and service standards the agent must maintain

5. Approved Marketing Materials: Templates or examples of approved marketing materials and property descriptions

6. Required Documentation: List of necessary documents for property sale/rental, including certificates and permits

7. Fee Schedule: Breakdown of all potential fees and charges beyond the basic commission

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

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions


















































Clauses









































Relevant Industries

Real Estate

Property Development

Construction

Property Management

Real Estate Investment

Commercial Property

Residential Property

Retail Property

Industrial Property

Hospitality

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Operations

Property Management

Marketing

Contract Administration

Risk Management

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Broker

Sales Director

Business Development Manager

Property Consultant

Legal Counsel

Compliance Officer

Contract Manager

Real Estate Portfolio Manager

Property Sales Executive

Marketing Manager

Real Estate Operations Manager

Agency Principal

Managing Director

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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