The Exclusive Contract (Real Estate) is a crucial legal document used in Indonesian property transactions when a property owner wishes to grant exclusive rights to a single real estate agency for the marketing and sale of their property. This document is essential in the Indonesian real estate market where clear establishment of exclusive agency rights is necessary for effective property marketing and sale. The contract type is specifically structured to comply with Indonesian property laws and regulations, including the Basic Agrarian Law and relevant real estate business regulations. It provides comprehensive coverage of the agency relationship, including detailed marketing rights, commission structures, and obligations of both parties. This document is particularly important in situations where property owners want to ensure coordinated marketing efforts and avoid conflicts between multiple agents, while providing legal protection for all parties involved under Indonesian jurisdiction.
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1. Parties: Identification of the property owner/seller and the exclusive 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 intention to grant exclusive rights for its sale/lease
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Exclusive Period', 'Commission', 'Qualified Buyer', etc.
4. Appointment and Scope: Details of the exclusive appointment and its scope, including territorial limitations if any
5. Duration: Term of the exclusive agreement, including start date and end date
6. Property Details: Comprehensive description of the property, including legal status, certificates, and condition
7. Agent's Rights and Obligations: Detailed responsibilities of the agent, including marketing commitments, reporting requirements, and service standards
8. Owner's Rights and Obligations: Owner's commitments, including providing accurate information, access to the property, and cooperation requirements
9. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission eligibility
10. Marketing and Promotion: Agreed marketing strategies, channels, and minimum marketing commitments
11. Property Access and Viewings: Procedures for property viewings, notice requirements, and access protocols
12. Confidentiality: Obligations regarding confidential information and client data protection
13. Termination: Grounds for termination, notice requirements, and post-termination obligations
14. Governing Law: Specification of Indonesian law as governing law and relevant jurisdictional matters
15. Dispute Resolution: Process for resolving disputes, including mediation and arbitration procedures
16. Notices: Methods and addresses for formal communications between parties
17. General Provisions: Standard boilerplate clauses including severability, entire agreement, and amendments
1. International Buyers: Special provisions for handling international buyers and compliance with foreign ownership regulations
2. Digital Marketing Rights: Specific provisions for digital marketing, virtual tours, and online promotions
3. Post-Sale Services: Additional services to be provided after successful sale
4. Sub-Agency Rights: Provisions allowing or restricting the appointment of sub-agents
5. Property Management: Additional provisions if the agent will also provide property management services
6. Multiple Properties: Special provisions for cases involving multiple properties under the same agreement
7. Performance Targets: Specific performance metrics and consequences for meeting/missing targets
8. Force Majeure: Provisions for extraordinary circumstances affecting contract performance
1. Schedule 1 - Property Details: Detailed property specifications, including certificates, permits, and technical information
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, including any sliding scales or special circumstances
3. Schedule 3 - Marketing Plan: Detailed marketing strategy and commitments
4. Schedule 4 - Property Documentation: Copies of property certificates, permits, and other relevant documents
5. Schedule 5 - Pricing Schedule: Agreed property pricing details and any permitted variations
6. Appendix A - Property Photos: Official photos and floor plans of the property
7. Appendix B - Required Forms: Standard forms required under Indonesian real estate regulations
8. Appendix C - Power of Attorney: If required, formal authorization for the agent to act on behalf of the owner
Authors
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