ESTATE AGENCY AGREEMENT FOR THE SALE OF RESIDENTIAL PROPERTY

　　TABLE OF CONTENTS

　　1. Parties to Agreement 協(xié)議當(dāng)事方

　　2. Appointment of Estate Agent by Seller 銷售方指定代理

　　3. Scope of Agency and Duties of Estate Agent 代理范圍及責(zé)任

　　4. Commission 傭金

　　5. Disclosure Requirements 信息披露要求

　　6. Property Inspection and Co-broking 查驗房屋與傭金共享

　　7. Warranty by Seller 銷售方的保證

　　8. Schedules and Notes 日程與通知

　　9. Applicable Law and Dispute Resolution 適用法律與糾紛處理

　　10. Additional Terms 其他約定

　　SCHEDULE EXPLANATORY NOTES 附件 注釋

　　This form is prescribed by AVIC COAST LAND DEVELOPMENT (T) LIMITED under the Estate Agents Act for use when an estate agent is authorised or engaged by a prospective seller to introduce a buyer of residential property(2) in Tanzania.

　　Note: Where a number in brackets (e.g.(1)) appears in this Agreement, please read the explanatory note that bears the corresponding number in Schedule 1 to this Agreement. Where any space provided below is insufficient, the relevant particulars should be written on a separate sheet and attached to this Agreement.

　　1. Parties to Agreement 協(xié)議當(dāng)事方

　　Agreement Date:

　　Seller Name: AVIC COAST LAND DEVELOPMENT (T) LIMITED, a legal person incorporated and existing under the laws of the United Republic of Tanzania (Cap. 212 of the Laws) whose registered office is at AVIC INTL Apartments Sea View, Plot No. ____, Sea View, Upanga Area, Ilala Municipality, P. O. Box ____, Dar es Salaam, Tanzania

　　Name of Estate Agent(4): ____ Licence No. (3): ____

　　Address: _____

　　2. Appointment of Estate Agent by Seller 銷售方指定代理

　　The above seller (collectively called ‘‘Seller’’) hereby authorises and engages the Estate Agent(5), subject to and in accordance with the terms of this Agreement, to introduce to him a Buyer(6) of the following Property(7):

　　Plot No. 265, Block A, comprising of TWELVE (12) Main Areas indicated under registered MAIN UNIT PLAN No. 10 referred to as ZONES within which registered ZONE – 01 UNIT PLAN consist of 160 UNITS registered as UNIT PLAN №. 10/1 with the Registrar of Titles - Ministry of Lands, Housing and Human Settlements Development at Dar es Salaam – Tanzania, located at AmaniGomvu, MinondoSomangila, Kigamboni Area, Temeke Municipality, Dar es Salaam, Tanzania (herein to be referred to as a Property);

　　3. Scope of Agency and Duties of Estate Agent 代理范圍及責(zé)任

　　The Estate Agent’s duties shall be as set out in Schedule 2 to this Agreement, in addition to the duties placed on the Estate Agent by the other terms in this Agreement and any written law.

　　DUTIES OF ESTATE AGENT

　　The Estate Agent shall:

　　(a) provide reasonable assistance and advice to the Seller throughout the process of sale of the

　　Property.

　　(b) represent the Seller in negotiations with any prospective Buyer in accordance with his

　　instructions.

　　4. Commission 傭金

　　(a) The commission rate is 3_% (9) of the transacted net price (exclusive of VAT) of the Property.

　　(b) 90% amount of the commission will be paid if the Seller enters into a binding agreement for the sale and purchase(8) of the Property with a Buyer introduced by the Estate Agent, and the Buyer paid for the down payment(at least 5% of purchase price of the property) ;10% amount of the commission will be paid after the buyer’s payment reach 70% amount of purchase price of the property.

　　i. The commission specified is inclusive of TAX.

　　ii. The commission will be paid by monthly. Every month from 1st to 3rd , the Estate Agent shall provide the payment application of the commission for last month, the Seller shall confirm the payment application and arrange for payment before 5th of the month.

　　(c) The Seller shall have no obligation to pay any commission to the Estate Agent if completion of the Property transaction falls through without fault on the part of the Seller.

　　5. Disclosure Requirements 信息披露要求

　　(a) The Estate Agent or Salesperson does not hav(10) a conflict or potential conflict of interest in acting for the Seller.

　　(b) If the Estate Agent or Salesperson has declared that there is no conflict or potential conflict of interest but a conflict or potential conflict of interest only arises (or he becomes aware of the conflict or potential conflict of interest) after the execution of this Agreement, the conflict or potential conflict of interest must be immediately disclosed in writing to the Seller. Upon such disclosure, the Estate Agent and Salesperson may continue to act for the Seller only if the Seller, being fully informed, consents in writing to the Estate Agent and Salesperson continuing to act for him.

　　6. Property Inspection and Co-broking 查驗房屋與傭金共享

　　(a) The Seller agrees to allow the Estate Agent to show the property to potential Buyer(s) (including their agents) at mutually agreeable time(s).

　　(b) The Estate Agent may co-operate or co-broke with another Estate Agent to secure Buyers for the Property.

　　(c) If co-broking is allowed, the commission may be shared between the Estate Agent and a co-broking agent in such amounts as may be agreed between them but the Seller is not liable to pay any commission to the co-broking agent.

　　7. Warranty by Seller 銷售方的保證

　　The Seller warrants that he is the owner of / duly authorised(1) to sell the Property.

　　8. Schedules and Notes 日程與通知

　　The Schedules and Notes to or in this Agreement form part of this Agreement.

　　9. Applicable Law and Dispute Resolution 適用法律與糾紛處理

　　(a) This Agreement shall be governed by the laws of Tanzania.

　　(b) Any dispute between the Seller and the Estate Agent arising out of or in connection with this Agreement (including any question regarding its existence, validity or termination) shall first be resolved in the following manner:

　　In the event of any dispute or difference arising between the Parties in relation to or arising out of this Agreement, the Parties shall forthwith, upon receipt of a notice in writing from the Party claiming such dispute or difference, attempt to resolve the dispute or difference through good faith negotiations. In the event the Parties fail to reach a settlement within a period of Fourteen (14) business days either Party may refer the dispute or difference to arbitration under the provisions of the Arbitration Act, Cap. 15 of the Laws of Tanzania.

　　The appointment of the Arbitrator shall be final and binding on the Parties.

　　The arbitration shall take place in Dar es Salaam, Tanzania or any other place as may

　　be determined by the Parties.

　　The decision of the Arbitrator shall be final and binding on the Parties; and

　　The decision may be made an order of a court of competent jurisdiction.

　　10. Additional Terms 其他約定

　　Note: The printed terms prescribed in this form of Agreement cannot be deleted or varied. If theparties wish at any time to agree to or add on any other terms, they must be in writing, dated, inserted as Additional Terms below and initialed by the parties. If the space below is insufficient, the Additional Terms are to be written/printed in black ink on a separate sheet of paper which must be pink in color and in a font not smaller than the font of the above terms.

　　The Additional Terms cannot conflict with, vary or otherwise limit the prescribed terms(11) of this Agreement.

　　Signed by the Seller(s) and the Estate Agent

　　Note: The parties are to initial every page of this Agreement including the Schedules and any attachments.

　　Signed by Seller

　　Date:

　　Signed by Salesperson for and on behalf of the Estate Agent / Estate Agent

　　Date:

　　Note: The Estate Agent must provide the original or a copy of this Agreement to the Seller immediately upon signing.

　　SCHEDULE EXPLANATORY NOTES 附件 注釋

　　(1) *means delete if not applicable. All deletions must be initialed by the Seller at the time they

　　are made.

　　(2) This form of agreement is only applicable if all or part of the property to be sold comprises

　　residential property in Singapore.

　　(3) If there is no NRIC No., please write another number such as FIN, passport or company

　　incorporation/registration No., as the case may be.

　　(4) To insert full name of the Estate Agent.

　　(5) The Estate Agent is not an exclusive agent and the Seller may also sell the Property himself

　　or through another agent.

　　(6) Buyer includes a potential Buyer.

　　(7) If there is more than one Property, the relevant addresses may be recorded on a separate

　　sheet and attached to this Agreement. Alternatively, a separate agreement may be used for

　　each Property.

　　(8) An agreement for sale and purchase may take the form of an executed sale and purchase

　　agreement or an option to purchase which has been exercised by the Buyer.

　　(9) The amount or rate of commission is negotiable between the Seller and the Estate Agent.

　　(10) The Code of Ethics and Professional Client Care prescribes the Estate Agent’s and

　　Salesperson’s duty to disclose and avoid any potential or actual conflict of interest.

　　(11) Where the parties have made any choice above, they may subsequently vary such choice in

　　writing but such variation must be dated and initialed by the parties. The parties may also

　　vary the non-prescribed Additional Terms but such variation must be in writing, dated and

　　initialed by the parties.

　　(12) If there is a Salesperson representing the Estate Agent in the proposed sale of the Property,

　　the Salesperson shall sign and fill in his particulars. Otherwise, if the Estate Agent acting in

　　the proposed sale of the Property is a natural person, he shall sign and fill in his particulars.

　　If there is more than one such Salesperson or Estate Agent who is a natural person acting in

　　the proposed sale of the Property, their name(s) and particular(s) shall also be written, if

　　necessary, on a separate sheet and attached to this Agreement.