The Agent And Landlord Agreement is a crucial document used in the Malaysian real estate market to formalize the professional relationship between property agents and property owners. This agreement is essential when a landlord wishes to engage a licensed real estate agent to manage, market, and lease their property. It is particularly relevant in the context of Malaysian property law and must comply with the Valuers, Appraisers, Estate Agents and Property Managers Act 1981, along with other relevant Malaysian regulations. The document typically includes comprehensive details about commission structures, service scope, marketing responsibilities, property management duties, and the specific authorities granted to the agent. It serves as a protective mechanism for both parties by clearly defining their rights, obligations, and the terms of their professional engagement.
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1. Parties: Identifies and provides full details of the agent and landlord, including registration/license numbers for the agent and contact information for both parties
2. Background: Outlines the context of the agreement, including the landlord's ownership of the property and desire to engage the agent's services
3. Definitions: Defines key terms used throughout the agreement to ensure clarity and prevent misinterpretation
4. Appointment and Authority: Formally establishes the agent's appointment and specifies the scope of authority granted by the landlord
5. Duration of Appointment: Specifies the term of the agreement, including start date and initial period
6. Agent's Services and Obligations: Details the specific services the agent will provide, including marketing, tenant screening, and property management duties
7. Landlord's Obligations: Outlines the landlord's responsibilities, including providing necessary information and maintaining the property
8. Commission Structure: Specifies the agent's fees, commission rates, and payment terms
9. Marketing and Advertising: Details the agreed marketing approach and advertising responsibilities
10. Property Information: Specifies details about the property(ies) covered by the agreement
11. Representations and Warranties: Contains standard representations and warranties from both parties
12. Liability and Indemnification: Addresses liability limitations and indemnification obligations
13. Termination: Specifies conditions and procedures for terminating the agreement
14. Governing Law: Confirms Malaysian law as governing law and jurisdiction
15. General Provisions: Includes standard boilerplate clauses such as notices, amendments, and entire agreement
1. Multiple Property Management: Include when the agent will manage multiple properties for the landlord
2. Maintenance Services: Include when the agent will handle property maintenance and repairs
3. Rent Collection: Include when the agent will be responsible for collecting rent from tenants
4. Insurance Requirements: Include when specific insurance obligations need to be detailed
5. Key Performance Indicators: Include when specific performance metrics will be used to evaluate the agent's services
6. Sub-Agents: Include when the agent may appoint sub-agents or needs to work with other agents
7. Digital Services: Include when specifying online listing platforms or digital property management tools
8. Confidentiality: Include when handling sensitive property or financial information requires additional protection
1. Schedule 1 - Property Details: Detailed description of the property(ies), including address, title details, and specific features
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
3. Schedule 3 - Marketing Plan: Specific marketing strategies, platforms, and budget allocation
4. Schedule 4 - Service Level Agreement: Detailed performance standards and response times for various services
5. Schedule 5 - Required Documentation: List of documents required from the landlord and maintenance records
6. Appendix A - Agent's License and Certifications: Copies of the agent's professional licenses and certifications
7. Appendix B - Property Photos and Condition Report: Visual documentation of the property's condition at the time of appointment
8. Appendix C - Standard Operating Procedures: Detailed procedures for handling various property management tasks
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Management
Property Investment
Commercial Property
Residential Property
Property Development
Professional Services
Real Estate Investment Trusts (REITs)
Asset Management
Relevant Teams
Legal
Real Estate Operations
Property Management
Asset Management
Facilities Management
Business Development
Contracts Administration
Compliance
Property Services
Investment Management
Relevant Roles
Property Manager
Real Estate Agent
Leasing Manager
Asset Manager
Property Management Director
Real Estate Broker
Portfolio Manager
Facilities Manager
Property Investment Manager
Legal Counsel
Contracts Manager
Real Estate Operations Manager
Business Development Manager
Property Services Coordinator
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