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Buyer Representation Agreement for Malaysia

Buyer Representation Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes a professional relationship between a property buyer and a real estate agent or agency. The document outlines the agent's authority to represent the buyer in property transactions, details the scope of services to be provided, specifies compensation terms, and defines the rights and obligations of both parties. It incorporates requirements from Malaysian real estate regulations, particularly the Valuers, Appraisers, Estate Agents and Property Managers Act 1981, and includes provisions for confidentiality, term duration, and termination conditions.

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What is a Buyer Representation Agreement?

The Buyer Representation Agreement serves as a fundamental legal document in Malaysian real estate transactions, establishing the formal relationship between a property buyer and their chosen real estate agent. This document is essential when a buyer seeks professional representation in their property search and acquisition process. It clearly defines the agent's duties, including property search, negotiations, and advisory services, while protecting both parties' interests under Malaysian law. The agreement typically includes specific details about the desired property type, geographical area, price range, and the agent's compensation structure. It ensures compliance with Malaysian real estate regulations and provides a clear framework for the professional services to be rendered. This document is particularly crucial in Malaysia's dynamic property market, where professional representation can significantly impact transaction outcomes.

What sections should be included in a Buyer Representation Agreement?

1. Parties: Identifies the buyer and the real estate agent/agency, including full legal names, registration numbers, and contact details

2. Background: Explains the context of the agreement, including the buyer's intention to purchase property and the agent's qualification to provide representation services

3. Definitions: Defines key terms used throughout the agreement for clarity and legal certainty

4. Appointment and Scope of Services: Details the formal appointment of the agent and comprehensive list of services to be provided

5. Term of Agreement: Specifies the duration of the agreement, including start and end dates

6. Agent's Obligations: Lists all duties and responsibilities of the agent, including fiduciary duties and specific services

7. Buyer's Obligations: Outlines the buyer's responsibilities, including cooperation and information provision

8. Compensation: Details the agent's fees, commission structure, and payment terms

9. Confidentiality: Addresses the handling and protection of confidential information

10. Termination: Specifies conditions and procedures for ending the agreement

11. Governing Law: Confirms Malaysian law as governing law and jurisdiction

What sections are optional to include in a Buyer Representation Agreement?

1. Dual Agency: Required when the agent might represent both buyer and seller in a transaction

2. Property Type Specifications: Used when the buyer has specific property requirements or limitations

3. International Property Services: Included when the scope includes properties outside Malaysia

4. Additional Services: Details extra services beyond standard representation, such as property management advice

5. Force Majeure: Addresses unforeseen circumstances that may affect agreement performance

6. Dispute Resolution: Specifies mediation or arbitration procedures when parties prefer alternative dispute resolution

What schedules should be included in a Buyer Representation Agreement?

1. Schedule A - Service Fee Structure: Detailed breakdown of all fees, commissions, and payment terms

2. Schedule B - Property Requirements: Specific details of the type of property the buyer is seeking

3. Schedule C - Excluded Properties: List of properties or developments excluded from the agreement

4. Appendix 1 - Agent's Credentials: Copies of agent's license and professional certifications

5. Appendix 2 - Service Level Agreement: Detailed description of service standards and response times

6. Appendix 3 - Agency Disclosure Form: Standard form required by Malaysian real estate regulations regarding agency relationships

Authors

Alex Denne

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions


















Clauses






























Relevant Industries

Real Estate

Property Development

Commercial Property

Residential Property

Industrial Property

Retail Property

Hospitality

Corporate Services

Professional Services

Relevant Teams

Real Estate

Legal

Compliance

Finance

Property Acquisition

Facilities Management

Corporate Services

Risk Management

Operations

Relevant Roles

Real Estate Agent

Property Buyer

Real Estate Broker

Property Consultant

Real Estate Manager

Corporate Real Estate Manager

Facilities Manager

Property Acquisition Manager

Legal Counsel

Compliance Officer

Chief Financial Officer

Real Estate Director

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

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