The Lease Listing Agreement serves as a crucial legal instrument in Indonesian real estate transactions, establishing the framework for professional property marketing services. This document is essential when property owners seek to engage professional real estate agents or agencies to market and secure tenants for their properties. The agreement, governed by Indonesian law including the Civil Code (KUHPerdata) and relevant real estate regulations, typically details the agent's authority, marketing scope, commission structure, and duration of the listing. It's particularly important in Indonesia's dynamic property market where clear delineation of rights and responsibilities between property owners and agents is essential for successful leasing arrangements. The document ensures compliance with local property marketing regulations while protecting both parties' interests throughout the listing period.
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1. Parties: Identification of the Property Owner and the Licensed Real Estate Agent/Agency, including full legal names, addresses, and registration numbers
2. Background: Brief context explaining the owner's intention to lease the property and engage the agent's services
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Listing Period', 'Commission', 'Lease Terms', etc.
4. Appointment and Authority: Formal appointment of the agent and scope of authority granted by the property owner
5. Property Details: Specific description of the property being listed for lease
6. Listing Terms: Duration of the listing agreement, desired lease terms, and asking price/rent
7. Agent's Obligations: Detailed responsibilities of the agent including marketing, showing property, screening tenants, etc.
8. Owner's Obligations: Property owner's responsibilities, including providing access, maintaining property condition, and necessary documentation
9. Commission Structure: Detailed breakdown of agent's commission, payment terms, and conditions for commission earning
10. Marketing Authorization: Specific permissions for advertising and marketing the property
11. Term and Termination: Duration of the agreement and conditions for early termination
12. Representations and Warranties: Statements of fact by both parties regarding their authority, property condition, and compliance with laws
13. Governing Law: Specification of Indonesian law as governing law and jurisdiction
14. Dispute Resolution: Process for handling disagreements between parties
15. Notices: Methods and addresses for official communications between parties
16. Execution: Signature blocks and execution requirements
1. Exclusivity Clause: Used when the owner grants exclusive listing rights to the agent
2. Multiple Listing Service: Include when the property will be listed on multiple platforms or shared with other agents
3. Property Management Services: Added when the agent will provide additional property management services
4. Foreign Ownership Considerations: Required when dealing with foreign owners or tenants
5. Special Property Features: Include for properties with unique characteristics or restrictions
6. Digital Marketing Provisions: Specific terms for online marketing and virtual showings
7. Force Majeure: Added to address unforeseen circumstances affecting the agreement
8. Assignment Rights: Include when either party may need to transfer their rights under the agreement
1. Schedule A - Property Description: Detailed description of the property, including floor plans, boundaries, and included fixtures
2. Schedule B - Marketing Plan: Detailed marketing strategy and activities to be undertaken by the agent
3. Schedule C - Commission Schedule: Detailed breakdown of commission structures and payment terms
4. Schedule D - Property Photographs: Official photographs of the property for marketing purposes
5. Schedule E - Property Documents: List of property certificates, permits, and other relevant documentation
6. Appendix 1 - Property Condition Report: Detailed assessment of the property's current condition
7. Appendix 2 - Required Maintenance: List of maintenance issues to be addressed before or during listing
8. Appendix 3 - Authorized Marketing Materials: Approved marketing content and materials
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