The Listing Agreement serves as the foundational document for property marketing arrangements in Hong Kong's real estate market. It is used when a property owner wishes to engage a licensed estate agent to market their property for sale or lease. The agreement must comply with Hong Kong's Estate Agents Ordinance and related regulations, which mandate specific content and prescribed forms. A properly structured Listing Agreement includes essential elements such as property details, commission terms, marketing authority, and service obligations, while incorporating required consumer protections and disclosures. It can be either exclusive or non-exclusive, depending on whether the owner wishes to engage multiple agents. The document is particularly important in Hong Kong's dynamic property market, where clear terms and compliance with regulatory requirements are crucial for protecting all parties' interests.
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1. Parties: Identification of the property owner(s) and the appointed estate agent/agency
2. Background: Brief context of the property listing arrangement
3. Definitions: Key terms used throughout the agreement
4. Appointment and Authority: Formal appointment of the agent and scope of authority granted
5. Property Details: Complete description and details of the property being listed
6. Listing Terms: Listing price, duration, and type of listing (exclusive/non-exclusive)
7. Commission Structure: Commission rate, payment terms, and conditions for commission becoming payable
8. Agent's Obligations: Specific duties and responsibilities of the estate agent
9. Owner's Obligations: Property owner's responsibilities and commitments
10. Marketing Authorization: Permissions for advertising and promoting the property
11. Personal Data Handling: Compliance with PDPO and data privacy requirements
12. Termination: Conditions and process for ending the agreement
13. Governing Law: Specification of Hong Kong law as governing law
14. Signing Page: Execution blocks for all parties
1. Multiple Properties: Additional terms for listing multiple properties - used when more than one property is being listed
2. Special Property Features: Detailed terms for unique property features or restrictions - used for properties with special characteristics
3. Co-Agency Arrangements: Terms for cooperation with other agents - used in cases where co-agency is permitted
4. International Marketing: Additional terms for overseas marketing - used when targeting international buyers
5. Property Management: Terms for additional property management services - used when agent provides additional services
6. Staged Commission: Structure for staged or progressive commission - used in complex sales arrangements
7. Virtual Tours: Terms for virtual viewing arrangements - used when virtual tours are part of marketing strategy
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: Specific marketing activities and timeline
4. Schedule 4 - Property Photographs: Approved photographs and imagery for marketing
5. Schedule 5 - Required Disclosures: Mandatory disclosures required by Hong Kong regulations
6. Appendix A - Estate Agents Authority Prescribed Forms: Standard forms required by the Estate Agents Authority
7. Appendix B - Property Ownership Documents: Copies of relevant title documents and certificates
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