The Agency Agreement For The Sale Of Residential Property is a crucial document in Indonesian real estate transactions, designed to formalize the relationship between property owners and real estate agents. This agreement is essential when a property owner wishes to engage a professional agent to market and sell their residential property in Indonesia. It encompasses all necessary elements required under Indonesian law, including compliance with the Civil Code, Basic Agrarian Law, and relevant Ministry of Trade regulations. The document specifies the agent's authority, commission structure, marketing responsibilities, and the duration of the appointment, while protecting both parties' interests through clear terms and conditions. It's particularly important in the Indonesian context where property transactions must adhere to specific local requirements and customary practices.
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1. Parties: Identifies and provides full details of the property owner (Principal) and the real estate agent (Agent), including registration numbers and licenses
2. Background: Explains the context of the agreement, including the property owner's intention to sell and the agent's qualifications to provide the service
3. Definitions: Defines key terms used throughout the agreement to ensure clear interpretation
4. Appointment and Authority: Specifies the appointment of the agent and the scope of authority granted by the property owner
5. Property Details: Complete description of the property being offered for sale, including legal description and certificate details
6. Agent's Obligations: Detailed listing of all services and duties the agent must perform
7. Principal's Obligations: Outlines the property owner's responsibilities and commitments
8. Listing Price and Commission: Specifies the agreed listing price range and commission structure
9. Term and Termination: Details the duration of the agreement and conditions for termination
10. Marketing and Advertising: Specifies the agreed marketing approach and advertising commitments
11. Confidentiality: Outlines confidentiality obligations regarding property and transaction details
12. Dispute Resolution: Procedures for handling disagreements between parties
13. Governing Law: Confirms Indonesian law as governing law and relevant jurisdictional details
14. Execution: Formal signing section with witness requirements
1. Exclusivity Rights: Used when granting exclusive selling rights to the agent
2. Multiple Agents Clause: Required when the property owner may engage multiple agents
3. Special Conditions: For any unique requirements or conditions specific to the property or arrangement
4. International Buyer Provisions: Include when targeting international buyers, addressing specific requirements
5. Virtual Tour and Digital Marketing: Specific provisions for digital marketing strategies and virtual showings
6. Force Majeure: Provisions for unforeseen circumstances preventing performance
7. Post-Termination Obligations: Details obligations that survive after agreement termination
8. Sub-Agent Authorization: Used when allowing the agent to appoint sub-agents
1. Schedule A - Property Details: Detailed description of the property, including certificates, boundaries, and included fixtures
2. Schedule B - Commission Structure: Detailed breakdown of commission calculations and payment terms
3. Schedule C - Marketing Plan: Comprehensive marketing strategy and timeline
4. Schedule D - Property Documentation: List of all required property documents and certificates
5. Appendix 1 - Agent's License and Credentials: Copies of agent's professional licenses and certifications
6. Appendix 2 - Property Photos and Floor Plans: Official property photographs and architectural plans
7. Appendix 3 - Required Disclosure Forms: Standard property disclosure forms required by Indonesian law
8. Appendix 4 - Marketing Materials Template: Templates and guidelines for promotional materials
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Residential Property
Property Management
Professional Services
Legal Services
Financial Services
Construction and Development
Property Investment
Relevant Teams
Legal
Real Estate
Sales
Compliance
Operations
Business Development
Marketing
Property Management
Contract Administration
Risk Management
Relevant Roles
Real Estate Agent
Property Manager
Legal Counsel
Property Owner
Sales Director
Compliance Officer
Contract Administrator
Real Estate Broker
Property Consultant
Business Development Manager
Transaction Coordinator
Marketing Manager
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