The Real Estate Agent Contract serves as the foundational document governing the professional relationship between property owners and real estate agents/agencies in Indonesia. This agreement is essential when engaging a real estate professional to market, sell, or lease property within the Indonesian market. It encompasses crucial elements including agent authorization, scope of services, commission structures, and compliance with local regulations such as the Indonesian Civil Code and Ministry of Trade regulations. The document is designed to protect both parties' interests while ensuring transparency and legal compliance in property transactions. It's particularly important given Indonesia's specific property laws and regulations, including requirements for property transfers, foreign ownership restrictions, and local business practices. The contract should be used whenever engaging a real estate agent's services in Indonesia, whether for residential, commercial, or industrial properties.
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1. Parties: Identification of the Principal (property owner/seller) and the Real Estate Agent/Agency, including complete legal names, addresses, and registration numbers
2. Background: Context of the agreement, including brief description of the property and the parties' intention to enter into an agency relationship
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology specific to Indonesian real estate practice
4. Appointment and Scope of Services: Formal appointment of the agent and detailed description of services to be provided, including marketing, showing property, negotiating, etc.
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for early termination
6. Agent's Rights and Obligations: Detailed responsibilities of the agent, including marketing efforts, reporting requirements, and compliance with local regulations
7. Principal's Rights and Obligations: Property owner's responsibilities, including providing accurate information, access to property, and necessary documentation
8. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission eligibility
9. Exclusivity Terms: Whether the appointment is exclusive or non-exclusive, and the implications thereof
10. Confidentiality: Obligations regarding confidential information and client data protection
11. Compliance with Laws: Commitment to comply with Indonesian real estate regulations and relevant laws
12. Dispute Resolution: Process for handling disagreements, including jurisdiction and applicable law
13. Signing Page: Execution block with space for signatures, witnesses, and dates
1. Multiple Property Provisions: Additional terms for cases where the agent is appointed to sell multiple properties
2. International Marketing: Specific provisions for marketing to international buyers, including additional services and responsibilities
3. Team Structure: Details about the team handling the property, used when multiple agents are involved
4. Digital Marketing Terms: Specific provisions for online marketing and virtual showings
5. Property Management Services: Additional terms for agents providing property management services beyond sales
6. Sub-Agent Authorization: Terms governing the appointment and management of sub-agents
7. Force Majeure: Provisions for unforeseen circumstances affecting contract performance
1. Schedule A - Property Details: Detailed description of the property, including address, title details, and specific features
2. Schedule B - Commission Rates: Detailed breakdown of commission structures, including any sliding scales or special circumstances
3. Schedule C - Marketing Plan: Specific marketing activities and timeline proposed by the agent
4. Schedule D - Required Documentation: List of necessary documents and certificates required for the property sale
5. Appendix 1 - Agent Credentials: Copies of agent's licenses, certifications, and professional registrations
6. Appendix 2 - Property Photos and Floor Plans: Official documentation of property appearance and layout
7. Appendix 3 - Service Level Agreement: Detailed performance metrics and service standards
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