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estate
agency agreement for leasing of |
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form 5 |
residential properties in
hong kong
for
use between an estate agent and a landlord
general caution: read this agreement carefully and follow its
instructions. if you do not
understand any thing in this agreement then ask for an explanation to be
given. if you do not understand or
agree with any explanation given then it is best to consult your solicitor
before signing this agreement.
information note: where any thing in this
agreement is followed by a number in brackets (e.g. (1)), then
immediately read the explanatory note that bears that number in schedule 4 to this
agreement. where any thing in this
agreement refers to a schedule to this agreement, then immediately read that
schedule.
1. appointment of
agent and validity period of this agreement
i/we,
___________________________________ (“landlord”), appoint
___________________________ (“agent”(2)) subject to and in
accordance with the terms of this agreement to act as my/our exclusive(3)/non-exclusive(1)
agent in the marketing for letting purpose of
_________________________________________________ (“property”). this agreement shall take effect on
___________________ (d/m/y) and expire on ___________________(d/m/y) (both days
inclusive) (“validity period”).
[caution: in the case of exclusive agency,
the landlord may be liable to pay commission to the agent even if the property
is not let through the agent within the validity period. the landlord should therefore consider
carefully when he enters into an exclusive agency relationship with the
agent. special obligations to be
performed by the agent under exclusive agency may be specified as extra terms
under clause 12.]
2. agency
relationship and duties of agent
the
agent agrees with the landlord that –
(a) the
agency relationship between them shall be a single agency/dual
agency/potentially dual agency(3)(1);
(b) in
the case of dual agency, the agent shall as soon as is practicable disclose in
writing to the landlord the amount or rate of commission to be received by the
agent from a tenant;
(c) in
the case of potentially dual agency, the agent shall as soon as is practicable
after dual agency arises disclose in writing to the landlord such agency
relationship and the amount or rate of commission to be received by the agent
from a tenant; and
(d) the
agent’s duties shall be as set out in schedule 1 to this agreement, in addition
to the duties placed on the agent by this agreement or any enactment.
3. list rental [caution: the landlord does not
confer upon the agent, by virtue of this clause, the right to accept an offer
on behalf of the landlord. the
list rental is for the purpose of listing and advertising only.]
the
list rental shall be hong kong dollars _______________________________________
(hk$______________) per month inclusive/exclusive(1) of rates and
management fee. the list rental
can only be varied with written instructions of the landlord and such
instructions shall form part of this agreement.
4. commission
the
provisions of this agreement applicable to the commission to be paid by the landlord
to the agent shall be as set out in schedules 2 and 4 to this agreement(4).
5. property
information
the
agent shall provide to the landlord the leasing information form prescribed
under the estate agents practice (general duties and hong kong residential
properties) regulation duly completed and signed by the agent.
6. property inspection
(a) the landlord agrees
to allow viewing of the property by the agent/tenant(s)(1) at a
mutually agreeable time.
yes
¨ no
¨(8)
(b) the landlord agrees to
pass the keys of the property to the agent for safe custody and for the viewing
of the property.
yes
¨ no
¨(8)
(c) the
landlord authorizes the agent to pass the keys to other estate agents/persons(1)
for the viewing of the property.
yes
¨ no
¨(8)
7. sub-listing
(a) the
landlord authorizes the agent to sub-list the property and pass relevant
information about the landlord and the property supplied by the landlord to
other estate agents for sub-listing purposes.
yes ¨ no
¨(8)
(b) if the agent sub-lists the
property to another estate agent (“sub-listing agent”), the agent shall ensure
that the sub-listing agent shall observe the estate agents practice (general
duties and hong kong residential properties) regulation regarding advertising.
8. advertising
(a) the
landlord authorizes the agent to issue advertisement in respect of the property.
yes
¨ no
¨(8)
(b) if
the answer to the above is “yes”, then the advertising fees will be borne by the
agent unless otherwise specified in this agreement.
9. disclosure
of interest by agent
(a) the
person signing this agreement on behalf of the agent discloses that he or his
specified relative(5), or any nominee of his or of his specified
relative, or the agent or any employee/substantial shareholder(6)/
partner/director of the agent has a pecuniary or other beneficial interest(7)
in the property:
yes
¨ no
¨(8)
(b) if
the answer to the above is “yes”, then the particulars of the interest must be
specified in schedule 3 to this agreement.
(c) the
person signing this agreement on behalf of the agent shall as soon as is
practicable disclose in writing to the landlord any interest referred to in
paragraph (a) above that may arise during the validity period.
10. acknowledgement by landlord
the
landlord acknowledges that he has –
(a) read
and understood the terms of this agreement; and
(b) ¨(8) received the leasing information form
required to be provided under clause 5 of this agreement.
¨(8) agreed to receive the leasing information form before entering into a
binding lease between the landlord and a tenant.
11. schedules
the
schedules to this agreement form part of this agreement.
12. extra terms [caution:
these extra terms cannot conflict with or limit the other terms of this
agreement.]:
_____________________________________________________________________________________________
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signature of the landlord: |
signature of the estate agent/salesperson signing for and on behalf
of the agent: |
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hong kong identity card(s) number(s): (if applicable) |
name and licence number of the signatory: |
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where the landlord is a company, please state: |
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name of the signatory: position of the signatory: business registration certificate number of the landlord: |
number of agent’s statement of particulars of business: |
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address: |
address: |
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telephone number: fax number: date: |
telephone number: fax number: date: |
[caution: immediately
after this agreement has been signed, the landlord must be given the original or a copy of this agreement as
signed.]
schedule
1
the agent
shall –
(a) market
the property on behalf of the landlord;
(b) obtain
information in relation to the property for the landlord;
(c) arrange
for tenants to inspect the property;
(d) conduct
negotiation and submit all offers in relation to the property to the landlord;
and
(e) assist
the landlord in entering into a binding lease with a tenant.
commission to be paid by landlord
1. subject
to section 2 of this schedule, if during the validity period the landlord through
the agent enters into a binding lease with a tenant in respect of the property
then the landlord is liable to pay the agent commission in the amount of
$______________/at the rate of _______ % of the transacted rental(1)
:-
¨(8) upon the signing of the lease.
¨(8) upon the commencement of the tenancy as specified in
the lease.
2. subject
to section 3 of this schedule, the landlord shall have no obligation to pay any
commission to the agent if commencement of the binding lease falls through without fault on the part of
the landlord and, in such case, if the commission has already been paid it
shall be refunded by the agent to the landlord as soon as is practicable and in
any case not later than 5 working days from the commencement date of the lease
with interest/without interest(1).
3. the
commission shall become payable to the agent in the case of mutual cancellation
of the binding lease not arising from any provisions of the lease.
4. the
landlord is not liable to pay any commission to other estate agents with whom
the agent co-operates in letting the property.
interests in property
in accordance
with clause 9 of this agreement, particulars of the pecuniary or other
beneficial interests in respect of the property are as follows:
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(1) this
means delete whichever is inappropriate.
all deletions must be initialled.
(2) enter
the name of the estate agency business entity concerned in clause 1 of this
agreement.
(3) exclusive agency － this means the agent
is the only estate agent acting for the landlord. if during the validity period the landlord enters into a
binding lease with a tenant in respect of the property through another estate
agent, the agent has a right to claim commission as specified in section 1 of
schedule 2 from the landlord.
single
agency – this means the agent acts for the landlord only.
dual
agency – this means the agent acts for both the landlord and a tenant of the
property.
potentially
dual agency – this means the agent
acts for the landlord only but may also act for a tenant of the property at a
later stage.
(4) the
amount or rate of commission is negotiable between the landlord and the agent.
(5) specified relative – this means the
spouse, parent, child, brother or sister.
(6) substantial shareholder – this means a person who is entitled to exercise or control the exercise of 10% or more of the voting power at any general meeting of the agent.
(7) having
a pecuniary or other beneficial interest includes:
(a) being
a member of a company or any other body which has a pecuniary or other
beneficial interest in respect of the property;
(b) being
in partnership with or is in the employment of a person who has a pecuniary or
other beneficial interest in respect of the property; or
(c) being
a party to any arrangement or agreement (whether enforceable or not) concerning
the property.
(8) tick
the relevant box.