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Real Estate Agent Agreement for Malaysia

Real Estate Agent Agreement Template for Malaysia

A Real Estate Agent Agreement governed by Malaysian law establishes the formal relationship between a property owner (Principal) and a licensed real estate agent or agency. This agreement outlines the terms and conditions under which the agent will market and sell/lease the property, including commission structures, marketing responsibilities, and service obligations. The document ensures compliance with Malaysian real estate regulations, particularly the Valuers, Appraisers, Estate Agents and Property Managers Act 1981, and provides clear guidelines for both parties regarding their rights, obligations, and the scope of the agency relationship.

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What is a Real Estate Agent Agreement?

The Real Estate Agent Agreement is a crucial document in Malaysian property transactions that formalizes the relationship between property owners and licensed real estate agents. It is essential for any property sale, purchase, or lease transaction where professional real estate services are required. The agreement ensures compliance with Malaysian real estate regulations, particularly the Valuers, Appraisers, Estate Agents and Property Managers Act 1981, and provides protection for both the principal and the agent. It typically includes detailed terms about commission structures, marketing strategies, service scope, and obligations of both parties. This document is particularly important in Malaysia's dynamic property market, where clear definition of roles and responsibilities helps prevent disputes and ensures smooth property transactions.

What sections should be included in a Real Estate Agent Agreement?

1. Parties: Identification of the Principal (property owner/seller) and the Real Estate Agent, including license numbers and registration details as required by Malaysian law

2. Background: Context of the agreement, including brief description of the property and the parties' intention to enter into an agency relationship

3. Definitions: Key terms used throughout the agreement, including technical real estate terms and Malaysian legal terminology

4. Appointment and Scope of Services: Formal appointment of the agent and detailed description of services to be provided, including marketing, viewings, and negotiation

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

6. Agent's Obligations: Detailed responsibilities of the agent, including compliance with Malaysian real estate regulations and professional standards

7. Principal's Obligations: Responsibilities of the property owner, including providing accurate information and necessary documentation

8. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission eligibility

9. Marketing and Advertising: Agreed marketing strategy and advertising methods to be employed by the agent

10. Confidentiality: Obligations regarding confidential information and data protection

11. Termination: Conditions and procedures for terminating the agreement by either party

12. Governing Law: Specification of Malaysian law as governing law and jurisdiction for disputes

What sections are optional to include in a Real Estate Agent Agreement?

1. Exclusivity: Terms of exclusive agency rights, used when the agent is granted sole selling/letting rights

2. Sub-Agents: Provisions for appointing sub-agents, if permitted by the principal

3. Insurance: Specific insurance requirements beyond standard professional indemnity, if required

4. International Marketing: Additional terms for international marketing efforts, relevant for high-end or unique properties

5. Digital Marketing Rights: Specific provisions for digital marketing and online platforms

6. Property Management: Additional terms if the agent will provide property management services

7. Dispute Resolution: Alternative dispute resolution mechanisms, such as mediation or arbitration

What schedules should be included in a Real Estate Agent Agreement?

1. Schedule A - Property Details: Detailed description of the property, including legal description, title details, and specific features

2. Schedule B - Commission Rates: Detailed breakdown of commission structures, including any sliding scales or special circumstances

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

4. Schedule D - Property Documentation: List of all property-related documents provided by the principal

5. Appendix 1 - Agent's License and Credentials: Copies of the agent's professional licenses and registrations

6. Appendix 2 - Marketing Materials: Templates or samples of proposed marketing materials

7. Appendix 3 - Service Level Agreement: Detailed performance metrics and service standards

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

Jurisdiction

Malaysia

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions

























Clauses





























Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Retail Property

Industrial Property

Hospitality

Mixed-Use Development

Property Management

Construction

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Marketing

Property Management

Asset Management

Facilities Management

Investment

Operations

Relevant Roles

Real Estate Agent

Property Manager

Sales Director

Business Development Manager

Property Developer

Legal Counsel

Compliance Officer

Marketing Manager

Property Consultant

Asset Manager

Facilities Manager

Real Estate Broker

Property Portfolio Manager

Real Estate Investment 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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