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Buyer Representation Agreement
I need a buyer representation agreement for a residential property purchase in Hong Kong, ensuring exclusive representation by the agent, with a clear outline of commission structure, duration of the agreement, and termination conditions.
What is a Buyer Representation Agreement?
A Buyer Representation Agreement is a formal contract between you and your real estate agent in Hong Kong, making them your exclusive representative when purchasing property. This legally binding document outlines your agent's duties, including property searching, negotiating offers, and protecting your interests throughout the buying process.
Under Hong Kong's Estate Agents Ordinance, this agreement sets clear terms about commission rates, service duration, and your obligations as a buyer. It gives your agent the legal authority to act on your behalf while preventing other agents from representing you for the same property purchase during the agreement period.
When should you use a Buyer Representation Agreement?
Sign a Buyer Representation Agreement when you're ready to start your serious property search in Hong Kong and have found an agent you trust. It's especially important before viewing multiple properties or when targeting exclusive listings that require dedicated agent relationships.
The agreement becomes crucial during competitive market periods when properties sell quickly, as it ensures your agent will prioritize your search and share new listings immediately. Many prime Hong Kong developments and luxury properties require buyers to have formal agent representation before allowing property viewings or accepting purchase offers.
What are the different types of Buyer Representation Agreement?
- Standard Exclusive Agreement: The most common type in Hong Kong, giving one agent sole rights to represent you for 3-6 months
- Non-Exclusive Agreement: Allows you to work with multiple agents but may offer fewer agent commitments and services
- Limited-Duration Agreement: Covers a shorter period (often 30-90 days) for targeted property searches
- Project-Specific Agreement: Focused on purchasing within a particular development or district
- Luxury Property Agreement: Contains additional clauses for high-end transactions, including specialized viewing arrangements and confidentiality terms
Who should typically use a Buyer Representation Agreement?
- Property Buyers: Sign the agreement to secure dedicated representation during their property search and purchase in Hong Kong
- Licensed Estate Agents: Draft and execute the agreement, committing to represent the buyer's interests exclusively
- Real Estate Agencies: Provide standardized agreement templates and oversee their agents' compliance
- Property Developers: Often require buyers to have formal representation before viewing or purchasing new developments
- Legal Advisors: Review and modify agreements to protect their clients' interests and ensure compliance with Hong Kong regulations
How do you write a Buyer Representation Agreement?
- Agent Details: Gather the estate agent's license number, agency details, and professional qualifications
- Property Scope: Define your target property types, locations, and price range in Hong Kong
- Agreement Duration: Decide on the representation period, typically 3-6 months
- Commission Structure: Clearly outline the agreed-upon commission rate and payment terms
- Service Terms: List specific services the agent will provide, from property searching to offer negotiations
- Termination Rights: Include conditions for ending the agreement early if needed
What should be included in a Buyer Representation Agreement?
- Party Information: Full legal names, contact details, and agent's license number
- Service Scope: Detailed description of agent's duties and property search parameters
- Exclusivity Terms: Clear statement of exclusive or non-exclusive representation rights
- Duration Clause: Specific start and end dates of the agreement
- Commission Structure: Detailed payment terms and conditions per EAO guidelines
- Termination Rights: Conditions for early termination by either party
- Governing Law: Reference to Hong Kong law and Estate Agents Ordinance
- Signatures: Dated signatures of all parties with witness requirements
What's the difference between a Buyer Representation Agreement and an Agency Agreement?
A Buyer Representation Agreement differs significantly from an Agency Agreement, though both involve professional representation in Hong Kong's property market. Let's explore their key distinctions:
- Scope of Representation: A Buyer Representation Agreement focuses exclusively on property purchasing, while an Agency Agreement can cover broader services including property sales, leasing, and management
- Party Obligations: Buyer agreements commit the agent specifically to the buyer's interests, while agency agreements may allow dual representation of both buyers and sellers
- Commission Structure: Buyer agreements typically specify commission based on purchase price, while agency agreements often include variable commission structures for different services
- Duration and Flexibility: Buyer agreements usually run for specific search periods (3-6 months), while agency agreements often have longer terms with broader termination conditions
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