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Real Estate Agent Agreement With Broker for Malaysia

Real Estate Agent Agreement With Broker Template for Malaysia

This agreement establishes the legal and professional relationship between a licensed real estate broker and an agent in Malaysia, governed by the Valuers, Appraisers, Estate Agents and Property Managers Act 1981. It outlines commission structures, responsibilities, compliance requirements, and operational procedures while ensuring adherence to Malaysian real estate regulations and professional standards. The document includes provisions for territory rights, professional conduct, dispute resolution, and mandatory compliance with anti-money laundering regulations specific to the Malaysian real estate market.

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What is a Real Estate Agent Agreement With Broker?

The Real Estate Agent Agreement with Broker is a fundamental document in the Malaysian real estate industry, essential for formalizing the professional relationship between licensed real estate brokers and their agents. This agreement is required under Malaysian law, specifically the Valuers, Appraisers, Estate Agents and Property Managers Act 1981, and must be in place before an agent can operate under a broker's license. It covers crucial aspects such as commission splits, territory rights, compliance requirements, professional standards, and operational procedures. The document ensures both parties understand their rights, obligations, and responsibilities while maintaining compliance with Malaysian regulatory requirements, including anti-money laundering regulations and data protection laws. It's particularly important as it provides legal protection for both parties and establishes clear guidelines for their professional relationship.

What sections should be included in a Real Estate Agent Agreement With Broker?

1. Parties: Identification of the broker and the real estate agent, including their respective license numbers and business addresses

2. Background: Context of the agreement, including the broker's authority to operate and the agent's qualifications and desire to work under the broker

3. Definitions: Key terms used throughout the agreement, including technical real estate terms and specific Malaysian real estate industry terminology

4. Appointment and Scope: Terms of the agent's appointment, territory coverage, and types of properties/transactions authorized to handle

5. Term and Termination: Duration of the agreement, renewal terms, and conditions for termination by either party

6. Commission Structure: Detailed breakdown of commission splits between broker and agent, payment terms, and conditions for commission eligibility

7. Duties and Responsibilities: Specific obligations of both the agent and broker, including compliance with Malaysian real estate laws and regulations

8. Compliance Requirements: Obligations regarding Malaysian real estate regulations, anti-money laundering requirements, and professional standards

9. Professional Standards: Requirements for maintaining professional conduct, continuing education, and adherence to industry standards

10. Confidentiality: Provisions regarding confidential information and client data protection in accordance with Malaysian law

11. Insurance and Liability: Requirements for professional indemnity insurance and allocation of liability between parties

12. Dispute Resolution: Procedures for resolving disputes, including jurisdiction under Malaysian law

13. General Provisions: Standard clauses including notices, amendments, entire agreement, and governing law

What sections are optional to include in a Real Estate Agent Agreement With Broker?

1. Non-Compete Clause: Restrictions on the agent's ability to compete with the broker during and after the agreement term - optional based on broker's requirements

2. Marketing and Branding: Guidelines for using broker's brand and marketing materials - include if broker has specific branding requirements

3. Training and Support: Details of training and support provided by broker - include if broker offers comprehensive training programs

4. Multiple Office Locations: Terms for operating across multiple broker office locations - include if broker has multiple offices

5. Team Operations: Rules for forming and operating real estate teams - include if agent plans to build a team

6. International Transactions: Special provisions for handling international property transactions - include if dealing with international clients

7. Digital Marketing Rights: Terms for online marketing and social media presence - include if specific digital marketing rules are needed

What schedules should be included in a Real Estate Agent Agreement With Broker?

1. Schedule A - Commission Structure: Detailed breakdown of commission splits, bonus structures, and payment schedules

2. Schedule B - Approved Territory: Map or description of geographic areas where agent is authorized to operate

3. Schedule C - Required Documentation: List of mandatory documents and forms to be used in transactions

4. Schedule D - Compliance Checklist: Checklist of regulatory requirements and compliance procedures

5. Schedule E - Office Procedures: Standard operating procedures and office policies

6. Appendix 1 - Professional Standards: Copy of relevant sections of Malaysian real estate professional standards

7. Appendix 2 - Insurance Requirements: Details of required insurance coverage and minimum limits

Authors

Alex Denne

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

Jurisdiction

Malaysia

Publisher

Ƶ

Document Type

Agency Agreement

Cost

Free to use
Relevant legal definitions
























Clauses


































Relevant Industries

Residential Real Estate

Commercial Real Estate

Industrial Real Estate

Retail Real Estate

Land Development

Property Management

Real Estate Investment

Holiday/Resort Properties

Agricultural Real Estate

Relevant Teams

Legal

Compliance

Real Estate Operations

Human Resources

Training and Development

Business Development

Risk Management

Finance

Administration

Relevant Roles

Real Estate Broker

Real Estate Agent

Property Consultant

Real Estate Sales Director

Compliance Officer

Legal Counsel

Real Estate Operations Manager

Branch Manager

Managing Director

Human Resources Manager

Training Coordinator

Business Development 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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