The Seller Agency Agreement serves as the foundational document for establishing a professional relationship between property owners and real estate agents in Malaysia. This agreement is essential when a property owner wishes to engage a professional real estate agent or agency to market and sell their property. The document encompasses crucial elements including the scope of the agent's authority, commission structures, marketing strategies, and the duration of the engagement. It is designed to comply with Malaysian legal requirements, particularly the Valuers, Appraisers, Estate Agents and Property Managers Act 1981, and includes provisions for both residential and commercial properties. The agreement is particularly important in protecting both parties' interests and clearly defining their respective rights, obligations, and expectations throughout the property sale process.
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1. Parties: Identification of the property seller (Principal) and the real estate agent (Agent), including full legal names, registration numbers, and addresses
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 and legal terminology
4. Appointment and Scope: Terms of agent appointment, whether exclusive or non-exclusive, and detailed scope of services
5. Duration: Term of the agreement, including start date and end date or continuation provisions
6. Agent's Duties and Responsibilities: Comprehensive list of agent's obligations, including marketing, showing property, negotiating, etc.
7. Seller's Obligations: Seller's responsibilities, including providing accurate information, maintaining property, and cooperation requirements
8. Commission Structure: Detailed explanation of commission rates, payment terms, and conditions for commission earning
9. Marketing and Advertising: Agreed marketing strategies, advertising methods, and related costs
10. Termination: Conditions and procedures for terminating the agreement by either party
11. Governing Law: Specification of Malaysian law as governing law and jurisdiction
12. Dispute Resolution: Procedures for handling disputes between parties
1. Multiple Listing Service: Include when the property will be listed on MLS systems, specifying terms and conditions
2. Digital Marketing Rights: Include when specific digital marketing strategies and social media usage need to be detailed
3. International Marketing: Include when the property will be marketed to international buyers
4. Property Management: Include when agent will provide additional property management services
5. Subdivision Rights: Include when the property may be subdivided or has development potential
6. Force Majeure: Include when specific provisions for unforeseen circumstances need to be addressed
7. Confidentiality: Include when dealing with high-value properties or sensitive information
8. Post-Termination Obligations: Include when specific post-termination arrangements are needed
1. Schedule 1 - Property Details: Detailed description of the property, including title details, dimensions, and features
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, including any sliding scales or special circumstances
3. Schedule 3 - Marketing Plan: Comprehensive marketing strategy and budget allocation
4. Schedule 4 - Approved Marketing Materials: Templates or examples of approved marketing materials and content
5. Schedule 5 - Required Documents: List of documents required from the seller for the sale process
6. Appendix A - Agency Credentials: Agent's licenses, certifications, and professional memberships
7. Appendix B - Service Level Agreement: Detailed performance metrics and service standards
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Construction
Property Management
Commercial Property
Residential Property
Industrial Property
Retail Property
Agricultural Property
Hospitality
Relevant Teams
Legal
Real Estate
Sales
Business Development
Compliance
Property Management
Marketing
Operations
Finance
Risk Management
Relevant Roles
Real Estate Agent
Property Manager
Sales Director
Business Development Manager
Property Developer
Legal Counsel
Contracts Manager
Real Estate Broker
Sales Manager
Property Consultant
Corporate Lawyer
Compliance Officer
Real Estate Marketing Manager
Asset Manager
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