The Real Estate Agent Contract serves as the foundational document for establishing a professional agency relationship in Malaysian property transactions. It is essential when a property owner wishes to engage a licensed real estate agent or agency to market, sell, or lease their property. The contract ensures compliance with Malaysian real estate regulations, particularly the Valuers, Appraisers, Estate Agents and Property Managers Act 1981, while clearly defining the scope of authority, commission structures, and obligations of both parties. This document is crucial for protecting all parties' interests and ensuring transparency in the agency relationship, whether for residential, commercial, or industrial properties.
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1. Parties: Identification of the property owner/seller/landlord and the real estate agency/agent, including registration numbers and contact details
2. Background: Context of the agreement and brief description of the property and intended transaction
3. Definitions: Key terms used throughout the agreement including 'Property', 'Commission', 'Exclusive Agency', etc.
4. Appointment and Authority: Formal appointment of the agent and scope of authority granted
5. Duration of Agreement: Term of the agency agreement, including start and end dates
6. Agent's Services and Obligations: Detailed listing of services to be provided by the agent and their professional obligations
7. Client's Obligations: Responsibilities and obligations of the property owner/seller/landlord
8. Commission and Fees: Structure and timing of commission payments and any additional fees
9. Marketing and Advertising: Agreement on marketing strategies and associated costs
10. Termination: Conditions and process for terminating the agreement
11. Governing Law: Specification of Malaysian law as the governing law
12. Execution: Signature blocks and execution details
1. Exclusivity Clause: Used when the agreement is an exclusive agency arrangement, detailing the terms of exclusivity
2. Property Management Services: Include when the agent will also provide property management services
3. International Marketing: Additional terms for marketing the property internationally
4. Multiple Properties: Used when the agreement covers multiple properties
5. Special Conditions: Any unique requirements or conditions specific to the property or circumstance
6. Dispute Resolution: Detailed dispute resolution procedures beyond standard legal remedies
7. Force Majeure: Provisions for unforeseen circumstances affecting contract performance
1. Schedule 1 - Property Details: Detailed description of the property, including legal description, title details, and features
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
3. Schedule 3 - Marketing Plan: Detailed marketing strategy and budget allocation
4. Schedule 4 - Service Level Agreement: Specific performance metrics and service standards
5. Appendix A - Required Documents: List of documents required from the client
6. Appendix B - Agency Registration Documents: Copies of agent's licenses and registrations
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