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Referral Agreement (Real Estate) for Indonesia

Referral Agreement (Real Estate) Template for Indonesia

This document establishes a formal referral arrangement between parties involved in Indonesian real estate transactions, governed by Indonesian law including the Civil Code and relevant real estate regulations. It outlines the terms and conditions for referring potential clients or property opportunities, specifying commission structures, referral processes, and mutual obligations. The agreement ensures compliance with Indonesian property laws and regulations while protecting both parties' interests in the referral relationship, including provisions for commission payments, confidentiality, and dispute resolution mechanisms specific to the Indonesian legal context.

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Referral Agreement (Real Estate)

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What is a Referral Agreement (Real Estate)?

The Real Estate Referral Agreement (Real Estate) is essential for businesses operating in Indonesia's property sector who wish to formalize their referral relationships. This document is typically used when real estate agencies, property developers, or individual agents want to establish a systematic approach to sharing leads and opportunities, with clear terms for compensation. It addresses key requirements under Indonesian law, including the Basic Agrarian Law and relevant Ministry of Trade regulations governing real estate brokerage services. The agreement is particularly important in the Indonesian market where real estate transactions often involve multiple intermediaries and require careful documentation of referral relationships to ensure compliance with local regulations and tax requirements. The document includes specific provisions for commission structures, referral processes, and compliance with Indonesian property laws and regulations.

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

1. Parties: Identifies and provides full details of the parties entering into the agreement, including registration numbers and addresses

2. Background: Explains the context of the agreement and the parties' intentions to enter into a referral arrangement

3. Definitions: Defines key terms used throughout the agreement, including 'Referral', 'Commission', 'Qualified Lead', and 'Successful Transaction'

4. Scope of Agreement: Outlines the nature and extent of the referral relationship and territorial coverage

5. Referral Process: Details the specific procedures for making and accepting referrals, including communication methods and timeframes

6. Commission Structure: Specifies the commission rates, calculation methods, and payment terms for successful referrals

7. Obligations of Referrer: Lists the responsibilities and duties of the party making the referrals

8. Obligations of Recipient: Details the responsibilities of the party receiving and processing the referrals

9. Representations and Warranties: States the parties' assurances regarding their capacity, qualifications, and compliance with applicable laws

10. Confidentiality: Addresses the handling and protection of confidential information shared between parties

11. Term and Termination: Specifies the duration of the agreement and conditions for termination

12. Governing Law and Dispute Resolution: Establishes Indonesian law as governing law and outlines dispute resolution procedures

13. General Provisions: Includes standard clauses such as force majeure, notices, and amendments

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

1. Non-Compete: Includes restrictions on competing activities, recommended when parties operate in overlapping markets

2. Data Protection: Detailed provisions for handling personal data, necessary when dealing with significant customer information

3. Marketing and Branding: Guidelines for using each party's branding in referral activities, important for larger agencies with strong brand presence

4. Training and Support: Outlines any training or support provided between parties, useful for complex referral systems

5. Insurance Requirements: Specifies required insurance coverage, important for high-value property transactions

6. Audit Rights: Provisions for auditing referral records, useful for high-volume referral relationships

7. Sub-referral Rights: Provisions regarding the right to involve third parties in the referral chain, if applicable

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

1. Commission Schedule: Detailed breakdown of commission rates for different types of properties or transaction values

2. Referral Process Flowchart: Visual representation of the referral process and timeline

3. Required Documentation: List of documents required for processing referrals and claiming commissions

4. Territory Map: Geographical areas covered by the referral agreement, if territorially restricted

5. Contact Details: List of key contacts and their roles in both organizations

6. Compliance Checklist: Checklist of regulatory requirements and necessary documentation for valid referrals

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

Cost

Free to use
Relevant legal definitions






























Clauses



































Relevant Industries

Real Estate

Property Development

Property Management

Construction

Property Investment

Professional Services

Financial Services

Hospitality

Commercial Property

Residential Property

Relevant Teams

Legal

Business Development

Sales

Operations

Compliance

Marketing

Partnership Management

Property Management

Commercial

Client Relations

Relevant Roles

Real Estate Agent

Property Manager

Business Development Manager

Sales Director

Managing Director

Legal Counsel

Compliance Officer

Marketing Manager

Property Consultant

Real Estate Broker

Agency Principal

Operations Manager

Partnership Manager

Chief Executive Officer

Commercial Director

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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