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Exclusive Real Estate Agent Contract for Malaysia

Exclusive Real Estate Agent Contract Template for Malaysia

This document establishes an exclusive agency relationship between a property owner and a licensed real estate agent/agency in Malaysia, governed by the Valuers, Appraisers, Estate Agents and Property Managers Act 1981. It grants exclusive rights to the agent to market and sell/lease the specified property for a defined period, detailing commission structures, marketing obligations, and service terms. The agreement includes comprehensive provisions for property marketing, viewing arrangements, commission payments, and dispute resolution mechanisms, all within the Malaysian legal framework.

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What is a Exclusive Real Estate Agent Contract?

The Exclusive Real Estate Agent Contract is a crucial document used in Malaysian real estate transactions when a property owner wishes to grant sole marketing and selling rights to a specific real estate agent or agency. This arrangement provides the agent with exclusive authority to market and sell the property for a specified period, typically used for high-value properties or when owners want focused, dedicated marketing efforts. The document complies with Malaysian real estate regulations, particularly the Valuers, Appraisers, Estate Agents and Property Managers Act 1981, and includes essential elements such as commission structures, marketing commitments, property details, and service obligations. It offers protection for both the agent's marketing investment and the owner's interests while ensuring professional property representation in the market.

What sections should be included in a Exclusive Real Estate Agent Contract?

1. Parties: Identifies the property owner/seller (Principal) and the licensed real estate agency/agent (Agent), including full legal names, registration numbers, and contact details

2. Background: Contextual information about the property sale/lease intention and the parties' desire to enter into an exclusive agency arrangement

3. Definitions: Defines key terms used throughout the agreement including 'Property', 'Exclusive Period', 'Commission', 'Selling Price', etc.

4. Appointment and Scope: Details of the exclusive appointment and specific services the agent will provide

5. Duration of Agreement: Specifies the term of the exclusive agency period and any renewal provisions

6. Agent's Rights and Obligations: Comprehensive list of agent's duties, responsibilities, and authorized activities

7. Principal's Rights and Obligations: Owner's responsibilities, including providing accurate information and property access

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

9. Marketing and Advertising: Specifies marketing strategies, advertising commitments, and cost arrangements

10. Property Access: Terms regarding property viewing arrangements and access for potential buyers

11. Termination: Conditions and procedures for early termination of the agreement

12. Dispute Resolution: Procedures for handling disagreements and specified jurisdiction

13. Governing Law: Specifies Malaysian law as the governing law of the agreement

14. General Provisions: Standard contractual clauses including notices, amendments, and entire agreement provisions

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

1. Multiple Properties: Additional terms for cases where the agreement covers multiple properties

2. International Marketing: Specific provisions for marketing the property internationally

3. Special Property Features: Additional terms for unique property features or restrictions

4. Sub-Agency Rights: Terms allowing or restricting the agent's right to appoint sub-agents

5. Post-Termination Obligations: Provisions regarding ongoing obligations after agreement termination

6. Digital Marketing Rights: Specific terms for online marketing and virtual showings

7. Property Management: Additional terms if property management services are included

What schedules should be included in a Exclusive Real Estate Agent Contract?

1. Property Details: Comprehensive description of the property, including legal description, title details, and current condition

2. Commission Schedule: Detailed breakdown of commission structures, including any sliding scales or special arrangements

3. Marketing Plan: Detailed marketing strategy and timeline

4. Agent's License and Credentials: Copies of relevant licenses, registrations, and professional credentials

5. Property Documentation: List of property-related documents provided by the owner

6. Approved Price List: Agreed pricing details and any acceptable negotiation ranges

7. Service Level Agreement: Detailed breakdown of service standards and response times

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

Agency Agreement

Cost

Free to use
Relevant legal definitions






























Clauses



































Relevant Industries

Real Estate

Residential Property

Commercial Property

Industrial Property

Property Development

Property Investment

Legal Services

Property Management

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Property Management

Contract Administration

Marketing

Business Affairs

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Broker

Legal Counsel

Property Developer

Sales Director

Business Development Manager

Contract Manager

Property Owner

Estate Agent

Real Estate Investment Manager

Compliance Officer

Property Consultant

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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