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Schedule 2

Duties of Agent

The Agent shall –

(a) obtain information in relation to the Properties for the Purchaser;

(b) arrange for the Purchaser to inspect the Properties if requested to do so by the Purchaser;

(d) assist the Purchaser in entering into a binding agreement for sale and purchase with the vendor of any one or more of

the Properties.

Schedule 3

Commission to be Paid by Purchaser

Subject to sections 2 and 5 of this Schedule, if during the Validity Period the Purchaser through the Agent enters into a

binding agreement for sale and purchase with the vendor in respect of one or more of the Properties then the Purchaser

is liable to pay the Agent commission :

(8)

upon the signing of the agreement for sale and purchase.

(8)

upon the completion of the property transaction as specified in the agreement for sale and purchase.

Subject to section 3 of this Schedule, the Purchaser shall have no obligation to pay any commission to the Agent if

completion of the property transaction falls through without fault on the part of the Purchaser and, in such case, if the

commission has already been paid it shall be refunded by the Agent to the Purchaser as soon as is practicable and in any

case not later than 5 working days from the completion date as specified in the agreement for sale and purchase with

(1)

interest/without interest

The commission shall become payable to the Agent in the case of mutual cancellation of a binding agreement for sale

and purchase of the property concerned not arising from any provisions of the agreement for sale and purchase.

The Purchaser is not liable to pay any commission to other estate agents with whom the Agent co-operates for the

purpose of purchasing any one or more of the Properties.

Subject to sections 2, 3 and 4 of this Schedule, the Purchaser is also liable to pay to the Agent as commission for

services rendered with regard to the property concerned if the Purchaser or the spouse, or any nominee, undisclosed

principal or agent of the Purchaser enters into a binding agreement for sale and purchase with the vendor of any one or

more of the Properties during the Validity Period whether through the Agent or otherwise.

Schedule 4

Interests in Property

(7)

In accordance with clause 5 of this Agreement, particulars of the pecuniary or other beneficial interests

in respect of one or

more of the Properties are as follows:

Schedule 5

Explanatory Notes

(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)

Single agency – this means the Agent acts for the Purchaser only.

Dual agency – this means the Agent acts for both the Purchaser and the vendor of a property listed in Schedule 1 to this

Agreement.

Potentially dual agency –

this means the Agent acts for the Purchaser only but may also act for the vendor of a property listed in

Schedule 1 to this Agreement at a later stage.

(4)

The amount or rate of commission is negotiable between the Purchaser 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

Properties;

(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

Properties; or

(c)

being a party to any arrangement or agreement (whether enforceable or not) concerning the Properties.

(8)

Tick the relevant box.

Form 4 - Estate Agency Agreement For Purchase Of Residential Properties In Hong Kong Page 4

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