The Estate Agency Agreement is a fundamental document in Malaysian real estate practice, essential for establishing professional relationships between property owners and licensed estate agents. This agreement is required whenever a property owner engages an estate agent to market, sell, or lease their property in Malaysia. It must comply with the Valuers, Appraisers, Estate Agents and Property Managers Act 1981 and related regulations, which govern real estate practice in Malaysia. The document typically includes detailed terms about the scope of services, commission structures, marketing strategies, and obligations of both parties. It's particularly important as it provides legal protection for both the agent and the principal, ensuring clarity in their professional relationship and compliance with Malaysian regulatory requirements.
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1. Parties: Identification of the Principal (client) and the Estate Agent, including registration/license numbers for the agent
2. Background: Context of the agreement, including brief description of the property and purpose of engagement
3. Definitions: Key terms used throughout the agreement, including technical and legal terminology
4. Appointment and Scope: Formal appointment of the agent and detailed scope of services to be provided
5. Duration: Term of the agreement, including start date and end date or termination conditions
6. Agent's Obligations: Detailed responsibilities and duties of the estate agent, including marketing, viewings, and reporting
7. Principal's Obligations: Client's responsibilities, including providing accurate information and reasonable access to the property
8. Commission Structure: Details of fees, commission rates, and payment terms in accordance with Malaysian regulations
9. Confidentiality: Obligations regarding confidential information and compliance with Personal Data Protection Act
10. Termination: Conditions and procedures for ending the agreement by either party
11. Governing Law: Specification of Malaysian law as governing law and jurisdiction
12. Execution: Signature blocks and execution requirements
1. Exclusivity: Terms of exclusive agency rights, used when the agent has sole selling/letting rights
2. Sub-Agents: Provisions for appointing sub-agents, if permitted
3. International Marketing: Additional terms for marketing property internationally
4. Digital Marketing: Specific provisions for online marketing and virtual viewings
5. Special Property Features: Additional terms for unique property features or requirements
6. Multiple Properties: Terms for handling multiple properties under one agreement
7. Force Majeure: Provisions for unforeseen circumstances affecting performance
1. Property Details: Comprehensive description of the property, including legal description, title details, and physical characteristics
2. Commission Schedule: Detailed breakdown of commission structures, including different scenarios and calculation methods
3. Marketing Plan: Detailed marketing strategy and activities to be undertaken
4. Service Level Agreement: Specific performance metrics and service standards
5. Required Documents: List of documents required from the principal for marketing and compliance
6. Agent's Credentials: Copies of agent's licenses, certifications, and professional memberships
Authors
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Commercial Property
Residential Property
Industrial Property
Retail Property
Hospitality
Mixed-Use Development
Property Investment
Property Management
Relevant Teams
Real Estate
Legal
Compliance
Sales
Business Development
Property Management
Operations
Contract Administration
Asset Management
Risk Management
Relevant Roles
Real Estate Agent
Property Manager
Sales Director
Business Development Manager
Property Consultant
Legal Counsel
Compliance Officer
Contract Manager
Real Estate Broker
Property Portfolio Manager
Asset Manager
Facilities Manager
Transaction Manager
Real Estate Operations Manager
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