The Exclusive Buyer Brokerage Agreement is essential for establishing professional real estate representation services in Indonesia's property market. This document is used when a property buyer seeks dedicated professional assistance in finding and acquiring real estate, willing to work exclusively with one broker or brokerage firm. The agreement comprehensively outlines the scope of services, exclusivity terms, compensation structure, and obligations of both parties, ensuring compliance with Indonesian real estate regulations and consumer protection laws. It's particularly important in Indonesia's complex property market, where foreign ownership restrictions, local regulations, and specific transaction requirements necessitate professional guidance. The document provides legal protection for both the broker and buyer while establishing clear parameters for the professional relationship, including specific provisions required under Indonesian law regarding property transactions and brokerage services.
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1. Parties: Identification of the broker/brokerage firm and the buyer, including complete legal names, addresses, and registration numbers where applicable
2. Background: Context of the agreement, including the buyer's intention to purchase property and the broker's qualifications to provide services
3. Definitions: Key terms used throughout the agreement, including 'Exclusive Period', 'Property Requirements', 'Brokerage Services', and 'Commission'
4. Appointment and Scope of Services: Formal appointment of the broker as exclusive representative and detailed description of services to be provided
5. Exclusivity: Terms of the exclusive relationship, preventing the buyer from engaging other brokers during the agreement period
6. Term and Termination: Duration of the agreement, renewal provisions, and conditions for early termination
7. Broker's Obligations: Detailed list of broker's duties, including property search, negotiations, due diligence assistance, and professional conduct requirements
8. Buyer's Obligations: Buyer's commitments, including providing accurate requirements, maintaining exclusivity, and cooperation
9. Commission Structure: Details of broker's compensation, payment terms, and conditions triggering commission payment
10. Confidentiality: Obligations regarding confidential information shared during the engagement
11. Representations and Warranties: Statements of fact and guarantees from both parties
12. Liability and Indemnification: Extent of broker's liability and mutual indemnification provisions
13. Governing Law and Dispute Resolution: Choice of Indonesian law and dispute resolution mechanisms
14. General Provisions: Standard clauses including notices, amendments, and severability
1. Foreign Ownership Provisions: Required when the buyer is a foreign national, addressing specific requirements and limitations under Indonesian property law
2. Digital Communications: Optional section covering electronic communications and digital signatures when parties agree to conduct business electronically
3. Property Type Specific Terms: Additional terms specific to certain property types (commercial, industrial, residential) when the search is limited to specific categories
4. Multi-Currency Provisions: Required when transactions may involve multiple currencies, including exchange rate mechanisms
5. Sub-Agency Arrangements: Optional section when the broker may need to engage other agents or sub-brokers
6. Post-Termination Obligations: Optional detailed section about obligations that survive after agreement termination
1. Schedule A - Property Requirements: Detailed specifications of the type of property sought, including location, size, budget, and other requirements
2. Schedule B - Commission Structure: Detailed breakdown of commission calculations, including any sliding scales or special circumstances
3. Schedule C - Broker's Services: Comprehensive list of specific services included in the broker's scope of work
4. Schedule D - Required Documents: List of documents the buyer must provide for due diligence and transaction purposes
5. Appendix 1 - Power of Attorney: Standard form of power of attorney for broker to act on buyer's behalf when required
6. Appendix 2 - Compliance Checklist: Checklist of regulatory requirements and necessary approvals for property purchase
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