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1. Parties: Identification of the property owner/seller and the real estate agency, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, establishing the owner's intention to list properties and the agent's qualification to provide listing services
3. Definitions: Key terms used throughout the agreement, including 'Listed Properties', 'Listing Period', 'Commission', 'Exclusive Listing', etc.
4. Appointment and Authority: Terms of the agent's appointment and scope of authority granted by the owner
5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination
6. Listing Process: Procedures for adding or removing properties under the master agreement
7. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission eligibility
8. Owner's Obligations: Responsibilities of the property owner, including providing accurate information and maintaining properties
9. Agent's Obligations: Duties and responsibilities of the real estate agency, including marketing efforts and professional standards
10. Representations and Warranties: Statements of fact and guarantees from both parties
11. Confidentiality: Provisions for handling confidential information and data protection compliance
12. Dispute Resolution: Procedures for handling disagreements, including jurisdiction and governing law
13. General Provisions: Standard clauses including notices, amendments, assignment, and severability
1. Exclusivity Provisions: Used when the agreement is exclusive, detailing the terms of exclusive rights and any carve-outs
2. Marketing Budget and Cost Sharing: Include when there are specific arrangements for marketing expenses and their allocation
3. Performance Metrics: Used when specific performance standards or KPIs are required for the agent
4. International Marketing: Include when properties may be marketed to international buyers, including compliance with foreign investment laws
5. Digital Marketing Rights: Specific provisions for online marketing, virtual tours, and digital content ownership
6. Sub-Agency Provisions: Include when the agent may engage other agents or agencies
7. Property Management Services: Used when additional property management services are included beyond listing
8. Insurance Requirements: Detailed insurance obligations when specific coverage levels are required
1. Schedule 1 - Property Schedule: Template and current list of properties covered under the agreement
2. Schedule 2 - Commission Rates: Detailed breakdown of commission structures for different property types or transaction values
3. Schedule 3 - Marketing Standards: Required marketing activities and minimum standards for property listings
4. Schedule 4 - Required Documentation: List of necessary documents and information required for each property listing
5. Schedule 5 - Approved Marketing Materials: Templates and standards for marketing materials and property advertisements
6. Appendix A - Property Information Form: Standard form for collecting property details for new listings
7. Appendix B - Commission Calculator: Formula and examples for commission calculations in various scenarios
8. Appendix C - Compliance Checklist: Checklist ensuring compliance with Malaysian real estate regulations
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