【法规名称】
【法规编号】 81911 什么是编号？
【正 文】
第13页 CAP 511C ESTATE AGENTS PRACTICE (GENERAL DUTIES AND HONG KONG RESIDENTIAL PROPERTIES) REGULATION
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[接上页] Single agency- this means the Agent acts for the Landlord only. Dual agency- this means the Agent acts for both the Landlord and a tenant of the Property. Potentially dual agency- this means the Agent acts for the Landlord only but may also act for a tenant of the Property at a later stage.(4) The amount or rate of commission is negotiable between the Landlord 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 Property; (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 Property; or (c) being a party to any arrangement or agreement (whether enforceable or not) concerning the Property.(8) Tick the relevant box. (L.N. 176 of 1999) FORM 6 ESTATE AGENCY AGREEMENT FOR LEASING OF RESIDENTIAL PROPERTIES IN HONG KONG (for use between an estate agent and a tenant) 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 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 I/We, _______________________ ("Tenant"), appoint ____________________ ("Agent"(2)) subject to and in accordance with the terms of this Agreement to act as my/our agent in the intended renting 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 Tenant that- (a) the agency relationship between them in respect of the Properties shall be a single agency/dual agency /potentially dual agency(3) 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 Tenant the amount or rate of commission to be received by the Agent from the relevant landlord; (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 Tenant such agency relationship and the amount or rate of commission to be received by the Agent from the relevant landlord; 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 Tenant to the Agent shall be as set out in Schedules 1, 3 and 5 to this Agreement(4). 4. Property Information The Agent shall provide to the Tenant in respect of the Properties all relevant Leasing Information Forms prescribed under the Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation- (a) obtained from the respective landlords' 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 landlord is not represented by a licensed estate agent, unless the Tenant expressly waives his right to receive any of them. 5. Disclosure of Interest by Agent (a) The person signing this Agreement on behalf of the Agent discloses that he or his specified relative(5), or any nominee of his or of his specified relative, or the |
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