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.
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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
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
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
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
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