Exclusive Listing Agreement Template for Hong Kong

The Exclusive Listing Agreement is a crucial document in Hong Kong's real estate transactions, used when a property owner wishes to grant sole marketing and selling rights to a single estate agency. This arrangement, regulated under Hong Kong's Estate Agents Ordinance and Practice Regulations, provides the agency with exclusive authority to market the property while ensuring the owner receives dedicated service and marketing efforts. The agreement typically includes detailed property specifications, commission structures, marketing commitments, and compliance requirements. It's particularly useful for high-value properties or when owners prefer centralized marketing control. The Exclusive Listing Agreement must conform to Hong Kong's specific regulatory requirements, including mandatory content and format specifications set by the Estate Agents Authority.

1. Parties: Identification of the Property Owner/Vendor and the Estate Agency, including full legal names, addresses, and relevant registration numbers

2. Background: Brief context explaining the owner's intention to sell/lease the property and appointment of the agency

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

4. Appointment and Exclusivity: Terms of the exclusive appointment, including duration and scope of the agency's exclusive rights

5. Property Details: Detailed description of the property being listed, including address and identifying details

6. Listing Price and Commission: Agreed listing price, commission rate, and payment terms

7. Agency's Obligations: Duties and responsibilities of the estate agency, including marketing efforts and reporting requirements

8. Owner's Obligations: Property owner's responsibilities, including providing accurate information and cooperation

9. Term and Termination: Duration of the agreement, renewal terms, and conditions for early termination

10. Protection Period: Post-termination period during which commission is still payable for specified transactions

11. Representations and Warranties: Statements of fact and promises by both parties regarding their capacity and authority

12. Compliance with Laws: Commitment to comply with relevant laws and regulations

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