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Buyer Broker Exclusive Agreement for Indonesia

Buyer Broker Exclusive Agreement Template for Indonesia

A Buyer Broker Exclusive Agreement under Indonesian law establishes an exclusive relationship between a real estate broker and a property buyer, whereby the broker is granted sole rights to represent the buyer in property searches and acquisitions. The agreement is governed by Indonesian civil law and real estate regulations, including the Indonesian Civil Code (KUH Perdata) and relevant Ministry of Trade regulations. It outlines the broker's responsibilities, compensation structure, exclusivity period, and the specific requirements for the desired property, while ensuring compliance with local property acquisition and foreign ownership restrictions where applicable.

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What is a Buyer Broker Exclusive Agreement?

The Buyer Broker Exclusive Agreement is a crucial document in Indonesian real estate transactions that formalizes the professional relationship between a property buyer and their chosen real estate broker. This agreement is particularly important in the Indonesian market, where property transactions can be complex and require extensive local knowledge. The document establishes the broker's exclusive right to represent the buyer in property searches, negotiations, and acquisitions within a specified period, protecting both parties' interests under Indonesian law. It typically includes detailed property requirements, commission structures, and service scope, while ensuring compliance with Indonesian real estate regulations and the Civil Code. This type of agreement is commonly used when buyers seek professional representation in navigating Indonesia's property market, whether for residential, commercial, or industrial acquisitions.

What sections should be included in a Buyer Broker Exclusive Agreement?

1. Parties: Identification of the broker and the buyer, including complete legal names, addresses, and registration numbers

2. Background: Context of the agreement, including the buyer's intention to purchase property and the broker's qualifications

3. Definitions: Key terms used throughout the agreement, including 'Property Requirements,' 'Territory,' 'Exclusive Period,' and 'Commission'

4. Appointment and Scope: Formal appointment of the broker and detailed description of services to be provided

5. Exclusivity: Terms of the exclusive relationship and restrictions on engaging other brokers

6. Term and Termination: Duration of the agreement, renewal provisions, and circumstances for termination

7. Broker's Obligations: Detailed responsibilities of the broker including property search, negotiations, and advisory services

8. Buyer's Obligations: Buyer's commitments including providing accurate requirements, cooperating with the broker, and maintaining exclusivity

9. Commission Structure: Details of broker's compensation, payment terms, and circumstances triggering commission payment

10. Confidentiality: Obligations regarding confidential information shared during the engagement

11. Liability and Indemnification: Extent of broker's liability and mutual indemnification provisions

12. Governing Law and Dispute Resolution: Application of Indonesian law and mechanism for resolving disputes

13. Notices: Process and requirements for formal communications between parties

14. General Provisions: Standard clauses including amendment process, severability, and entire agreement provisions

What sections are optional to include in a Buyer Broker Exclusive Agreement?

1. Virtual Services: Include when broker will provide online property viewings or digital services

2. International Transactions: Add when buyer is foreign or considering international properties, addressing specific requirements

3. Multiple Buyers: Include when agreement covers multiple buyers acting together

4. Specific Property Types: Add when focusing on specific property categories (commercial, industrial, etc.)

5. Sub-broker Arrangements: Include when broker may need to engage other agents or sub-brokers

6. Force Majeure: Add detailed force majeure provisions for regions with specific risks or concerns

What schedules should be included in a Buyer Broker Exclusive Agreement?

1. Schedule A - Property Requirements: Detailed specifications of the type of property sought, including location, size, budget, and features

2. Schedule B - Commission Structure: Detailed breakdown of commission calculations, payment terms, and examples

3. Schedule C - Broker's Services: Comprehensive list of specific services to be provided by the broker

4. Schedule D - Required Documents: List of documents required from both parties for property transactions

5. Appendix 1 - Broker's Credentials: Copies of broker's licenses, certifications, and professional memberships

6. Appendix 2 - Power of Attorney: Standard power of attorney form for broker to act on buyer's behalf when required

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Indonesia

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions







































Clauses





































Relevant Industries

Real Estate

Commercial Property

Residential Property

Industrial Property

Retail Property

Hospitality

Office Space

Land Development

Agriculture (for land acquisition)

Manufacturing (for facility acquisition)

Relevant Teams

Legal

Real Estate

Procurement

Compliance

Finance

Operations

Business Development

Investment

Facilities Management

Risk Management

Corporate Services

Relevant Roles

Real Estate Broker

Property Consultant

Real Estate Agent

Business Development Manager

Property Acquisition Manager

Facilities Manager

Corporate Real Estate Manager

Legal Counsel

Compliance Officer

Contract Manager

Chief Financial Officer

Operations Director

Investment Manager

Property Portfolio Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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