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[接上页] 6. A separate form should be completed for each property. 7. Any material changes in the given information should be conveyed immediately to the recipients of this Form. 8. "*" means delete whichever is inappropriate. Provisions deleted must be initialled. Where appropriate, mark a tick "P" in the box □ provided. 9. Prescribed sources of information: A: Land Registry B: Rating and Valuation Department (Info-Hotline Service) C: Housing Society D: Housing Department10. Enter the name of the estate agency business entity concerned. (L.N. 176 of 1999) FORM 3 ESTATE AGENCY AGREEMENT FOR SALE OF 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. 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, __________________________ ("Vendor"), 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 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 Vendor may be liable to pay commission to the Agent even if the Property is not sold through the Agent within the Validity Period. The Vendor 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 13.] 2. Agency Relationship and Duties of Agent The Agent agrees with the Vendor that- (a) the agency relationship between them in respect of the Property 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 Vendor the amount or rate of commission to be received by the Agent from a purchaser; (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 Vendor such agency relationship and the amount or rate of commission to be received by the Agent from a purchaser; 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 Price [CAUTION: The Vendor does not confer upon the Agent, by virtue of this clause, the right to accept an offer on behalf of the Vendor. The list price is for the purpose of listing and advertising only.] The list price shall be Hong Kong Dollars ____________________________________ (HK$___________). The list price can only be varied with written instructions of the Vendor 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 Vendor 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 Vendor the Property Information Form including the Vendor's Statement 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 Vendor agrees to allow viewing of the Property by the Agent/purchaser(s)(1) at a mutually agreeable time. Yes □ No □(8) (b) The Vendor 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 Vendor authorizes the Agent to pass the keys to other estate agents/persons(1) for the viewing of the Property. Yes □ No □(8) 7. Sub-listing (a) The Vendor authorizes the Agent to sub-list the Property and pass relevant information about the Vendor and the Property supplied by the Vendor to other estate agents for sub-listing purposes. Yes □ No □(8) (b) If the Agent sub-lists the Property to another estate agent ("sub-listing agent"), the Agent shall ensure that the sub-listing agent shall observe the Estate Agents Practice (General Duties and Hong Kong Residential Properties) Regulation regarding advertising. 8. Advertising (a) The Vendor authorizes the Agent to issue advertisement in respect of the Property. Yes □ No □(8) (b) If the answer to the above is "yes", then the advertising fees will be borne by the Agent unless otherwise specified in this Agreement. |