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Estate Agency Agreement for Malta

Estate Agency Agreement Template for Malta

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Estate Agency Agreement

"I need an Estate Agency Agreement for my luxury villa in Malta, with exclusive rights for 6 months starting March 2025, including provisions for international marketing and a tiered commission structure based on the final sale price."

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Estate Agency Agreement

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What is a Estate Agency Agreement?

The Estate Agency Agreement is a crucial document used in the Maltese real estate market when a property owner wishes to engage a professional estate agent to market and sell/lease their property. This agreement, governed by Maltese law, particularly the Real Estate Agents, Property Brokers and Property Consultants Act, sets out the complete framework of the agency relationship. It defines essential elements such as the agent's authority, commission structure, marketing approach, and duration of the appointment. The document is designed to protect both parties' interests while ensuring compliance with Malta's strict real estate regulations, including anti-money laundering requirements and data protection laws. It's particularly important in Malta's dynamic property market, where clear terms of engagement between agents and property owners are essential for successful transactions.

What sections should be included in a Estate Agency Agreement?

1. Parties: Identification of the Estate Agent and the Property Owner/Client, including license numbers and registration details as required by Maltese law

2. Background: Context of the agreement and brief description of the property owner's intention to sell/let the property through the agent

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Commission', 'Asking Price', and other relevant terms

4. Appointment and Scope of Services: Details of the agent's appointment and specific services to be provided

5. Duration of Agreement: Term of the agency agreement, including start date and termination conditions

6. Agent's Obligations: Comprehensive list of agent's duties, including marketing efforts, viewings, and compliance with Maltese real estate regulations

7. Client's Obligations: Property owner's responsibilities, including providing accurate information and maintaining the property

8. Commission Structure: Detailed breakdown of commission rates, payment terms, and circumstances when commission becomes due

9. Marketing and Advertising: Agreed marketing strategy and advertising arrangements for the property

10. Property Access: Terms regarding access to the property for viewings and inspections

11. Data Protection: Compliance with GDPR and Maltese data protection laws regarding handling of personal information

12. Anti-Money Laundering: Provisions for compliance with Maltese AML regulations and required due diligence

13. Termination: Conditions and process for terminating the agreement

14. Governing Law: Confirmation that the agreement is governed by Maltese law

15. Signatures: Execution section including date and signatures of all parties

What sections are optional to include in a Estate Agency Agreement?

1. Exclusivity Clause: Used when the agreement is exclusive, preventing the owner from engaging other agents

2. Multiple Properties: Include when the agreement covers more than one property

3. Sub-Agents: Terms for allowing/restricting the use of sub-agents

4. International Marketing: Specific provisions for marketing the property internationally

5. Property Management: Additional terms for property management services if offered

6. Special Conditions: Any unique requirements or conditions specific to the property or client

7. Post-Sale Services: Additional services to be provided after sale completion

8. Force Majeure: Provisions for unforeseen circumstances affecting the agreement

What schedules should be included in a Estate Agency Agreement?

1. Schedule 1 - Property Details: Comprehensive description of the property, including address, specifications, and condition

2. Schedule 2 - Commission Rates: Detailed breakdown of commission rates and payment structure

3. Schedule 3 - Marketing Plan: Specific marketing activities and timeline

4. Schedule 4 - Property Documentation: List of required property documents and certificates

5. Schedule 5 - Approved Asking Price: Agreed asking price and any conditions for price adjustments

6. Appendix A - Property Photographs: Official photographs of the property approved for marketing

7. Appendix B - Required Compliance Documents: Copies of agent's licenses and insurance certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions




































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Relevant Industries

Real Estate

Property Development

Property Management

Legal Services

Construction

Property Investment

Financial Services

Tourism and Hospitality

Residential Property

Commercial Property

Relevant Teams

Legal

Real Estate

Sales

Compliance

Operations

Business Development

Risk Management

Contract Administration

Property Management

Document Control

Relevant Roles

Real Estate Agent

Property Broker

Legal Counsel

Compliance Officer

Property Manager

Sales Director

Business Development Manager

Contract Manager

Real Estate Partner

Property Consultant

Estate Agency Owner

Property Portfolio Manager

Real Estate Operations Manager

Legal Risk Manager

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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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