【法规名称】
【法规编号】 81911 什么是编号？
【正 文】
第11页 CAP 511C ESTATE AGENTS PRACTICE (GENERAL DUTIES AND HONG KONG RESIDENTIAL PROPERTIES) REGULATION
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[接上页] (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. (L.N. 176 of 1999) FORM 5 ESTATE AGENCY AGREEMENT FOR LEASING OF 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) |
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