Exclusive Brokerage Contract Template for Hong Kong

This Exclusive Brokerage Contract is essential for establishing a formal, exclusive relationship between property owners and licensed estate agents in Hong Kong. The document is primarily used when property owners wish to grant sole marketing and negotiation rights to a specific broker or agency, ensuring focused and dedicated service. The contract must comply with Hong Kong's Estate Agents Ordinance (Cap. 511) and related regulations, including specific requirements for estate agency agreements and professional conduct. It typically includes comprehensive details about marketing commitments, commission structures, property information, and the specific obligations of both parties. The exclusivity period, termination rights, and protection mechanisms are clearly defined to prevent disputes and ensure compliance with local real estate practices.

1. Parties: Identification of the property owner/seller and the licensed estate agent, including license numbers and contact details

2. Background: Context of the agreement, including brief description of the property and the owner's intention to sell/lease through the broker

3. Definitions: Key terms used in the agreement, including 'Exclusive Period', 'Property', 'Commission', and other relevant terms

4. Appointment and Scope: Clear statement of the exclusive appointment and its scope, including the broker's authority to market and negotiate

5. Duration of Exclusivity: Specific term of the exclusive period, including start and end dates

6. Broker's Rights and Obligations: Detailed listing of the broker's responsibilities, marketing commitments, and service standards

7. Property Owner's Obligations: Owner's commitments, including providing accurate information and referring all enquiries to the broker

8. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission becoming payable

9. Marketing Plan: Specific marketing activities the broker will undertake

10. Property Information: Detailed description of the property and its current condition

11. Termination: Circumstances under which the agreement can be terminated and the process for termination

12. Governing Law: Specification of Hong Kong law as governing law and jurisdiction

13. Entire Agreement: Standard entire agreement clause incorporating all schedules and appendices