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[接上页] 9. 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 Agent or any employee/substantial shareholder(6)/partner/director of the Agent has a pecuniary or other beneficial interest(7) in the Property: Yes □ No □(8) (b) If the answer to the above is "yes", then the particulars of the interest must be specified in Schedule 3 to this Agreement. (c) The person signing this Agreement on behalf of the Agent shall as soon as is practicable disclose in writing to the Vendor any interest referred to in paragraph (a) above that may arise during the Validity Period. 10 Acknowledgement by Vendor The Vendor acknowledges he has- (a) read and understood the terms of this Agreement; and (b) □(8) received the Property Information Form including the Vendor's Statement required to be provided under clause 5 of this Agreement; □(8) agreed to receive the Property Information Form including the Vendor's Statement before entering into a binding agreement for sale and purchase between the Vendor and a purchaser. 11. Schedules The Schedules to this Agreement form part of this Agreement. 12. Agreement void if domestic purpose or use not allowed This Agreement shall be void if the occupation permit for the Property does not include or allow domestic purpose or use. 13. Extra Terms [CAUTION: These extra terms cannot conflict with or limit the other terms of this Agreement.]: ___________________________________________________ Signature of the Vendor: Signature of the estate agent/salesperson signing for and on behalf of the Agent: Hong Kong identity card(s) number(s): (if applicable) Name and licence number of the signatory: Where the Vendor is a company, please state: Name of the Signatory: Position of the Signatory: Business Registration Certificate number of the Vendor: Number of Agent's statement of particulars of business: Address: Address: Telephone number: Fax number: Date: Telephone number: Fax number: Date: [CAUTION: Immediately after this Agreement has been signed, the Vendor must be given the original or a copy of this Agreement as signed.] Schedule 1 Duties of Agent The Agent shall- (a) market the Property on behalf of the Vendor; (b) obtain information in relation to the Property for the Vendor; (c) arrange for purchasers to inspect the Property; (d) conduct negotiation and submit all offers in relation to the Property to the Vendor; and (e) assist the Vendor in entering into a binding agreement for sale and purchase with a purchaser. Schedule 2 Commission to be Paid by Vendor 1. Subject to section 2 of this Schedule, if during the Validity Period the Vendor through the Agent enters into a binding agreement for sale and purchase with a purchaser in respect of the Property then the Vendor is liable to pay the Agent commission in the amount of $__________/at the rate of ______% of the transacted price of the Property(1): □(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. 2. Subject to section 3 of this Schedule, the Vendor 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 Vendor and, in such case, if the commission has already been paid it shall be refunded by the Agent to the Vendor 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 interest/without interest(1). 3. 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 not arising from any provisions of the agreement for sale and purchase. 4. The Vendor is not liable to pay any commission to other estate agents with whom the Agent co-operates in the marketing of the Property. Schedule 3 Interests in Property In accordance with clause 9 of this Agreement, particulars of the pecuniary or other beneficial interests(7) in respect of the Property are as follows: ______________________________________________________________________ ______________________________________________________________________ Schedule 4 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) Exclusive Agency- this means the Agent is the only estate agent acting for the Vendor. If during the Validity Period the Vendor enters into a binding agreement for sale and purchase with a purchaser in respect of the Property through another estate agent, the Agent has a right to claim commission as specified in section 1 of Schedule 2 from the Vendor. |