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Exclusive Agency Agreement (Real Estate) for Indonesia

Exclusive Agency Agreement (Real Estate) Template for Indonesia

This document establishes an exclusive agency relationship between a property owner and a real estate agency in Indonesia, governed by Indonesian law. It grants the agency sole rights to market and sell/lease the specified property for a defined period. The agreement complies with Indonesian real estate regulations, including Law No. 8 of 1999 on Consumer Protection and relevant Ministry of Trade regulations. It details commission structures, marketing obligations, property handling procedures, and the specific responsibilities of both parties while ensuring protection of their respective interests under Indonesian jurisdiction.

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What is a Exclusive Agency Agreement (Real Estate)?

The Exclusive Agency Agreement (Real Estate) is a crucial document in Indonesian property transactions, used when a property owner wishes to grant sole marketing and selling/leasing rights to a specific real estate agency. This arrangement is particularly common for high-value properties or when owners seek dedicated, focused marketing efforts. The agreement must comply with Indonesian real estate regulations and consumer protection laws, particularly addressing commission structures, marketing obligations, and agency responsibilities. It provides legal protection for both the agency's exclusive rights and the owner's interests, while ensuring compliance with local property transaction requirements. The document is typically notarized and includes specific provisions for the Indonesian market, such as marketing restrictions, property handling procedures, and commission structures aligned with local market practices.

What sections should be included in a Exclusive Agency Agreement (Real Estate)?

1. Parties: Identification of the Property Owner and the Real Estate Agency, 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 an exclusive agency arrangement

3. Definitions: Key terms used in the agreement including 'Exclusive Agency', 'Property', 'Agency Period', 'Commission', 'Gross Sale Price'

4. Appointment and Scope: Formal appointment of the agent as exclusive representative and detailed scope of authority

5. Duration: Term of the exclusive agency agreement, including start and end dates

6. Agent's Rights and Obligations: Detailed responsibilities of the agent including marketing, showing property, negotiating, reporting

7. Owner's Rights and Obligations: Property owner's commitments, including providing accurate information, access to property, and maintaining the property

8. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission eligibility

9. Marketing and Advertising: Specifications for marketing activities, advertising methods, and cost responsibilities

10. Termination: Conditions and procedures for early termination of the agreement

11. Confidentiality: Obligations regarding confidential information and client privacy

12. Governing Law: Specification of Indonesian law as governing law and jurisdiction

13. Execution: Signature blocks and execution requirements

What sections are optional to include in a Exclusive Agency Agreement (Real Estate)?

1. Post-Termination Obligations: Used when there's a need to specify ongoing obligations after agreement termination, such as commission on pending transactions

2. Sub-Agency Rights: Include when the agent may need to engage other agents or agencies

3. Force Majeure: Include in regions prone to natural disasters or when specifically requested by parties

4. Dispute Resolution: Optional detailed procedure for handling disputes, including mediation or arbitration provisions

5. Insurance Requirements: Include when specific insurance coverage is required from either party

6. Digital Marketing Rights: Include when specific digital marketing permissions and restrictions need to be outlined

7. Property Maintenance: Include for luxury properties or when the agent has specific maintenance responsibilities

What schedules should be included in a Exclusive Agency Agreement (Real Estate)?

1. Schedule A - Property Details: Detailed description of the property, including address, title details, and specific features

2. Schedule B - Commission Structure: Detailed breakdown of commission rates for different transaction types or value ranges

3. Schedule C - Marketing Plan: Specific marketing activities, timeline, and budget allocation

4. Schedule D - Property Documents: List of all property-related documents provided by the owner

5. Appendix 1 - Agency Authorization Form: Required forms under Indonesian real estate regulations

6. Appendix 2 - Property Photographs: Official photographs of the property approved for marketing use

Authors

Alex Denne

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

Jurisdiction

Indonesia

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions



































Clauses







































Relevant Industries

Real Estate

Property Development

Property Management

Construction

Hospitality

Retail

Commercial Property

Residential Property

Industrial Property

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Operations

Property Management

Contract Administration

Risk Management

Relevant Roles

Real Estate Agent

Property Manager

Business Development Manager

Sales Director

Property Owner

Agency Principal

Legal Counsel

Contract Manager

Real Estate Broker

Property Developer

Asset Manager

Compliance Officer

Real Estate Operations 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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