Form 4 - Estate Agency Agreement For Purchase Of Residential Properties In Hong Kong
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4ESTATE AGENCY AGREEMENT FOR PURCHASE OF
FORM 4
RESIDENTIAL PROPERTIES IN HONG KONG
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.
(1)
Information note: Where any thing in this Agreement is followed by a number in brackets (e.g.
), then immediately read the
explanatory note that bears that number in Schedule 5 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
(2)
I/We, _____________________________________________ (“Purchaser”), appoint ________________ (“Agent”
)
subject to and in accordance with the terms of this Agreement to act as my/our agent in the intended purchase of the
properties listed in Schedule 1 to this Agreement (“Properties”).
This Agreement shall take effect on
_______________ (D/M/Y) and expire on _______________ (D/M/Y) (both days inclusive) (“Validity Period”).
[CAUTION: It is recommended that the Validity Period should be not more than 3 months.]
2.
Agency Relationship and Duties of Agent
The Agent agrees with the Purchaser that –
(a)
the agency relationship between them in respect of the Properties shall be a single agency/dual
(3)
agency/potentially dual agency
as specified in column 4 of Schedule 1 to this Agreement;
(b)
in the case of each dual agency, the Agent shall as soon as is practicable disclose in writing to the Purchaser
the amount or rate of commission to be received by the Agent from the relevant vendor;
(c)
in the case of each potentially dual agency, the Agent shall as soon as is practicable after dual agency arises
disclose in writing to the Purchaser such agency relationship and the amount or rate of commission to be
received by the Agent from the relevant vendor; and
(d)
The Agent’s duties shall be as set out in Schedule 2 to this Agreement, in addition to the duties placed on the
Agent by this Agreement or any enactment.
3.
Commission
The provisions of this Agreement applicable to the commission to be paid by the Purchaser to the Agent shall be as
(4)
set out in Schedules 1, 3 and 5 to this Agreement
.
4.
Property Information
The Agent shall provide to the Purchaser in respect of the Properties all relevant Property Information Forms
including Vendor’s Statements prescribed under the Estate Agents Practice (General Duties and Hong Kong
Residential Properties) Regulation –
(a)
obtained from the respective vendors’ licensed estate agents in the case of single agency;
(b)
duly completed and signed by the Agent in the case of dual agency or where a vendor is not represented by a
licensed estate agent,
unless the Purchaser expressly waives his right to receive any of them.
5.
Disclosure of Interest by Agent
(5)
(a)
The person signing this Agreement on behalf of the Agent discloses that he or his specified relative
, or any
nominee
of
his
or
of
his
specified
relative,
or
the
Agent
or
any
employee/substantial
(6)
(7)
shareholder
/partner/director of the Agent has a pecuniary or other beneficial interest
in the Properties:
(8)
Yes
No
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