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Vietnamese-English translation

Ready to use legal template

Drafted by lawyers

Vietnamese-English translation

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Learn more about Real Estate Agent Agreement in Vietnam

A Real Estate Agent Agreement is a formal contract between a real estate agent and a property owner, establishing the terms of their working relationship and outlining their respective responsibilities. This agreement comprehensively details the scope of the agent’s services, the duration of the engagement, the commission structure, and any additional terms or conditions specific to the arrangement. Our Real Estate Agent Agreement template, meticulously crafted by legal professionals at Themis Partner, is designed to meet the stringent legal requirements in Vietnam. Provided in a user-friendly Word format, it allows for straightforward customization, ensuring both flexibility and compliance with local laws. This template aims to facilitate a clear, legally sound understanding between the parties, promoting a smooth and professional real estate transaction process.

Table of contents


What is a Real Estate Agent Agreement?

A Real Estate Agent Agreement is a crucial document that formalizes the relationship between a property owner and a real estate agent. This agreement serves as a comprehensive roadmap for their collaboration, meticulously outlining each party’s rights and responsibilities to ensure mutual understanding and alignment. It clarifies important aspects such as the scope of the agent’s services, detailing what tasks and duties the agent is expected to perform, and the duration of the agreement, specifying the time frame within which the agent will operate.

The agreement delineates the commission structure, explaining how and when the agent will be compensated for their services, and includes any specific terms or conditions that both parties must adhere to throughout their partnership. By clearly defining these details, the Real Estate Agent Agreement helps prevent misunderstandings and disputes, fostering a smoother and more transparent working relationship between the property owner and the agent. This level of clarity not only enhances trust and cooperation but also provides a solid foundation for addressing any issues that may arise, ensuring that both parties can work together effectively towards their common goals.

What is included in a Real Estate Agent Agreement?

A Real Estate Agent Agreement typically includes several key components to ensure clarity and protect the interests of both parties. These elements help protect both the property owner and the agent by clearly defining their rights and responsibilities during the real estate transaction. Here are some common elements included in such agreements:

1. Parties Involved

The agreement identifies the property owner (referred to as the “principal”) and the real estate agent or agency.

2. Scope of Services

It outlines the specific services the agent will provide, such as marketing the property, showing it to potential buyers or tenants, and negotiating offers.

3. Duration of Agreement

The agreement specifies the length of time the agent will represent the property owner, including the start and end dates.

4. Commission Structure

This section details how and when the agent will be compensated, including the percentage of the sale or rental price that will serve as the commission.

5. Exclusive Representation

Some agreements grant the agent exclusive rights to represent the property, meaning the owner cannot work with other agents during the agreement period.

6. Termination Clause

This outlines the conditions under which either party can terminate the agreement before its expiration date.

7. Confidentiality

Both parties agree to keep certain information confidential, such as the owner’s financial details or any sensitive information about the property.

8. Dispute Resolution

It may include a clause specifying how any disputes between the parties will be resolved, such as through mediation or arbitration.

Why is a Real Estate Agent Agreement important in Vietnam?

A Real Estate Agent Agreement is important in Vietnam for several reasons:

1. Legal Protection: It provides legal protection for both the property owner and the real estate agent by clearly defining their rights and obligations. This can help prevent disputes and misunderstandings.

2. Clarity: The agreement helps ensure that both parties have a clear understanding of the terms of their agreement, including the scope of services, commission structure, and duration of the agreement.

3. Compliance: In Vietnam, there are specific laws and regulations that govern real estate transactions. A Real Estate Agent Agreement helps ensure that both parties comply with these laws.

4. Professionalism: Having a written agreement in place demonstrates professionalism and can help build trust between the property owner and the real estate agent.

5. Dispute Resolution: The agreement can include provisions for resolving disputes, such as mediation or arbitration, which can help avoid costly and time-consuming litigation.

A Real Estate Agent Agreement is important in Vietnam to protect the interests of both parties involved in a real estate transaction and to ensure that the transaction is conducted in accordance with the law.

Are there any legal requirements for a Real Estate Agent Agreement?

Yes, there are legal requirements for a Real Estate Agent Agreement in Vietnam. While the specifics can vary, depending on the jurisdiction, some common legal requirements include:

In Writing: In many jurisdictions, including Vietnam, a Real Estate Agent Agreement must be in writing to be legally enforceable. This helps ensure that both parties have a clear understanding of the terms of the agreement.
Duration: The agreement should specify the duration of the agent's representation, including the start and end dates.
Commission: The agreement should clearly outline the commission structure, including the percentage of the sale price that will serve as the agent's commission.
Exclusive Representation: If the agreement grants the agent exclusive rights to represent the property, this should be clearly stated in the agreement.
Termination Clause: The agreement should include a clause specifying under what conditions either party can terminate the agreement before its expiration date.
Confidentiality: The agreement may include provisions requiring both parties to keep certain information confidential.
Legal Compliance: The agreement should ensure that both parties will comply with all applicable laws and regulations related to real estate transactions.

What does a real estate agent do in a Real Estate Agent Agreement?

In a Real Estate Agent Agreement, a real estate agent typically agrees to provide certain services related to the marketing and sale or rental of a property. His role is to represent the property owner’s interests and help facilitate a successful transaction. These services may include:

Marketing the Property: This can include listing the property on various platforms, such as websites and social media, and arranging for photos or virtual tours.

Showing the Property: The agent may be responsible for showing the property to potential buyers or tenants and answering any questions they may have.

Negotiating Offers: The agent may negotiate offers on behalf of the property owner, including the price, terms, and conditions of the sale or rental agreement.

Assisting with Paperwork: The agent may help prepare and review documents related to the transaction, such as purchase agreements or rental contracts.

Providing Advice: The agent may provide advice to the property owner on pricing, market conditions, and other factors that may affect the sale or rental of the property.

Facilitating the Transaction: The agent may help facilitate the transaction, including coordinating with other parties, such as inspectors, appraisers, and attorneys.

Complying with Laws: The agent agrees to comply with all applicable laws and regulations related to real estate transactions.

What should I consider before signing a Real Estate Agent Agreement?

Before signing a Real Estate Agent Agreement, you should consider several factors to ensure that the agreement meets your needs and protects your interests. Some key considerations include:

Commission Structure: Understand how the agent will be compensated and ensure that the commission structure is fair and reasonable.
Duration of Agreement: Consider the length of the agreement and whether it aligns with your goals for selling or renting the property.
Exclusive vs. Non-Exclusive Agreement: Determine whether you want to grant the agent exclusive rights to represent the property or if you prefer a non-exclusive agreement that allows you to work with multiple agents.
Services Provided: Clarify the specific services the agent will provide, such as marketing the property, showing it to potential buyers or tenants, and negotiating offers.
Termination Clause: Review the termination clause to understand under what circumstances you or the agent can terminate the agreement before its expiration date.
Legal Compliance: Ensure that the agreement complies with all applicable laws and regulations related to real estate transactions in Vietnam.
Confidentiality: Consider whether the agreement includes provisions to protect confidential information about the property or the transaction.
Professionalism and Experience: Evaluate the agent's professionalism and experience to ensure that they are qualified to represent you effectively.
References and Reviews: Consider asking for references or reading reviews from past clients to gauge the agent's reputation and track record.
Costs and Fees: In addition to the commission, consider any other costs or fees associated with the agreement, such as advertising costs or administrative fees.

It’s important to review the Real Estate Agent Agreement carefully and consider seeking legal advice if you have any questions or concerns before signing.

What happens if a Real Estate Agent Agreement is breached in Vietnam?

In Vietnam, if a Real Estate Agent Agreement is breached, the consequences can vary depending on the nature and severity of the breach, as well as the terms of the agreement. Some potential consequences of breaching a Real Estate Agent Agreement may include:

Financial Penalties: The breaching party may be required to pay financial damages to the non-breaching party to compensate for any losses suffered as a result of the breach.

Termination of Agreement: The non-breaching party may have the right to terminate the agreement immediately, which could result in the loss of the breaching party’s right to receive any commission or fees.

Legal Action: The non-breaching party may choose to take legal action against the breaching party to enforce the terms of the agreement and seek damages for any losses incurred.

Loss of Reputation: Breaching a Real Estate Agent Agreement can damage the breaching party’s reputation in the real estate industry, making it more difficult to secure future agreements or clients.

It’s important for both parties to understand their rights and obligations under the agreement and to seek legal advice if they believe the agreement has been breached or if they are facing potential breaches.

Can I end a Real Estate Agent Agreement early in Vietnam?

Yes, you can end a Real Estate Agent Agreement early in Vietnam, but the ability to do so and the consequences will depend on the terms of the agreement. Typically, Real Estate Agent Agreements include a clause that specifies under what conditions either party can terminate the agreement before its expiration date. These conditions may include:

1. Mutual Agreement: Both parties agree to terminate the agreement early.

2. Breach of Contract: If one party breaches the terms of the agreement, the other party may have the right to terminate the agreement early.

3. Notice Period: The agreement may require one party to provide a certain amount of notice before terminating the agreement early.

4. Specific Circumstances: The agreement may specify other circumstances under which the agreement can be terminated early, such as the property being sold or leased through another agent.

It’s important to review the termination clause in your Real Estate Agent Agreement carefully and to seek legal advice if you are considering terminating the agreement early to understand your rights and obligations under the agreement.

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