The Agency Listing Agreement is a crucial document in Indonesian real estate transactions, used when a property owner wishes to engage a professional real estate agency to market and sell/lease their property. This agreement, governed by Indonesian law including the Civil Code (KUHPerdata) and relevant real estate regulations, establishes the formal agency relationship and outlines all essential terms of the engagement. The document typically includes detailed provisions about the property, commission structures, marketing strategies, and the parties' respective rights and obligations. It serves as the primary reference point for the agency relationship and helps prevent potential disputes by clearly documenting all agreed terms. The Agency Listing Agreement is particularly important in the Indonesian context as it provides a framework compliant with local property laws and business practices while protecting the interests of both the property owner and the appointed agency.
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1. Parties: Identification of the property owner (Principal) and the real estate agency (Agent), including their complete legal names, addresses, and registration details
2. Background: Context of the agreement, including brief description of the property and the owner's intention to sell/lease through the agent
3. Definitions: Definitions of key terms used throughout the agreement, including 'Property', 'Listing Period', 'Commission', 'Exclusive Rights', etc.
4. Appointment and Scope: Terms of the agent's appointment and detailed scope of services to be provided
5. Duration: Period of the listing agreement, including start date and end date
6. Agent's Rights and Obligations: Detailed listing of the agent's responsibilities, including marketing efforts, showing the property, and reporting obligations
7. Owner's Rights and Obligations: Owner's responsibilities, including providing accurate information, maintaining the property, and cooperating with showings
8. Commission Structure: Detailed explanation of commission rates, when commission becomes payable, and payment terms
9. Marketing and Advertising: Specific terms regarding marketing strategy, approved methods, and cost allocation
10. Property Access: Terms governing access to the property for viewings and inspections
11. Confidentiality: Provisions regarding confidential information and its handling
12. Termination: Conditions and process for terminating the agreement
13. Governing Law: Specification of Indonesian law as governing law and jurisdiction
14. Dispute Resolution: Process for resolving disputes between parties
15. Notices: Methods and addresses for formal communications between parties
16. General Provisions: Standard legal provisions including severability, entire agreement, and amendments
1. Multiple Listing Service: Terms for listing on MLS platforms, used when the property will be listed on multiple platforms
2. International Marketing: Additional provisions for marketing to international buyers, when targeting foreign investors
3. Virtual Tours and Digital Marketing: Specific terms for digital marketing services and virtual showings
4. Property Management: Additional terms if the agent will provide property management services during the listing period
5. Post-Sale Services: Terms for additional services after sale, such as documentation assistance
6. Special Conditions: Any unique requirements or conditions specific to the property or circumstances
7. Force Majeure: Provisions for unforeseen circumstances affecting the agreement execution
8. Tax Considerations: Specific provisions regarding tax implications and responsibilities when relevant
1. Schedule A - Property Details: Detailed description of the property, including address, title details, size, and specifications
2. Schedule B - Commission Structure: Detailed breakdown of commission rates, including any sliding scales or special circumstances
3. Schedule C - Marketing Plan: Detailed marketing strategy and timeline
4. Schedule D - Property Documentation: List of all property-related documents provided by the owner
5. Schedule E - Approved Marketing Materials: Templates or examples of approved marketing materials and content
6. Appendix 1 - Property Photos: Official photographs of the property approved for marketing use
7. Appendix 2 - Property Certificates: Copies of relevant property certificates and permits
8. Appendix 3 - Agency Licenses: Copies of the agency's relevant licenses and certifications
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Commercial Property
Residential Property
Industrial Property
Retail Property
Hospitality
Mixed-Use Development
Property Investment
Property Management
Relevant Teams
Legal
Real Estate
Sales
Business Development
Operations
Compliance
Marketing
Property Management
Contract Administration
Asset Management
Relevant Roles
Real Estate Agent
Property Manager
Business Development Manager
Sales Director
Legal Counsel
Property Owner
Corporate Counsel
Real Estate Broker
Marketing Manager
Operations Manager
Compliance Officer
Contract Administrator
Real Estate Investment Manager
Asset Manager
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