The Real Estate Agent Commission Agreement is a crucial document used in Indonesian property transactions to formalize the relationship between property owners and real estate agents or agencies. It is essential when engaging professional real estate services for property sale or lease, whether for residential or commercial properties. The agreement, governed by Indonesian law including the Civil Code (KUH Perdata) and relevant real estate regulations, specifies commission structures, service scope, marketing responsibilities, and payment terms. It protects both parties' interests by clearly defining rights, obligations, and performance expectations, while ensuring compliance with local real estate practice and regulatory requirements. This document is particularly important in Indonesia's dynamic property market, where clear terms of engagement and commission structures are essential for successful property transactions.
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1. Parties: Identification of the property owner and the real estate agent/agency, including their complete legal names, addresses, and any relevant license numbers
2. Background: Context of the agreement, including the owner's intention to sell/lease the property and the agent's qualification to provide such services
3. Definitions: Key terms used throughout the agreement, including 'Property', 'Commission', 'Successful Transaction', 'Exclusive Period', etc.
4. Appointment and Authority: Formal appointment of the agent and scope of authority granted by the property owner
5. Property Details: Complete description of the property subject to the agreement, including address and registration details
6. Agent's Services and Obligations: Detailed listing of services to be provided by the agent, including marketing, showing property, negotiations, etc.
7. Owner's Obligations: Property owner's responsibilities, including providing accurate information and reasonable access to the property
8. Commission Structure: Detailed explanation of commission rates, calculation method, and conditions for commission payment
9. Payment Terms: Timing and method of commission payment, including any staging or deposit requirements
10. Term and Termination: Duration of the agreement, renewal terms, and conditions for early termination
11. Confidentiality: Obligations regarding confidential information shared during the engagement
12. Governing Law: Specification of Indonesian law as governing law and jurisdiction for disputes
13. Dispute Resolution: Process for handling disagreements, including mediation or arbitration procedures
1. Exclusivity: Terms making the agreement exclusive, preventing the owner from engaging other agents - used when exclusive rights are granted
2. Sub-Agents: Provisions for the appointment of sub-agents - included when the agent may need to engage other agents
3. International Marketing: Special provisions for international marketing efforts - used when targeting foreign buyers/tenants
4. Digital Marketing Rights: Specific terms for online marketing and social media - important for agents with significant digital presence
5. Property Management: Additional terms for property management services - included when agent provides ongoing management services
6. Force Majeure: Provisions for unforeseen circumstances - particularly relevant in uncertain market conditions
7. Insurance Requirements: Specific insurance obligations - included for high-value properties or when required by local regulations
1. Schedule A - Property Details: Detailed description of the property, including land certificate numbers, building permits, and exact measurements
2. Schedule B - Commission Rates: Detailed breakdown of commission rates for different transaction types (sale, lease, etc.) and value ranges
3. Schedule C - Marketing Plan: Detailed marketing strategy and activities to be undertaken by the agent
4. Schedule D - Required Documentation: List of documents required from the owner and their current status
5. Appendix 1 - Agent's License: Copy of agent's professional license and certifications
6. Appendix 2 - Property Photos: Official photographs and floor plans of the property
7. Appendix 3 - Property Title: Copy of property ownership documents and relevant certificates
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