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Real Estate Channel Partner Agreement for Malaysia

Real Estate Channel Partner Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes and regulates the relationship between a principal real estate company and its channel partner. The document outlines the terms of collaboration, commission structures, territorial rights, and operational procedures while ensuring compliance with Malaysian real estate regulations, including the Valuers, Appraisers, Estate Agents and Property Managers Act 1981. It addresses key aspects such as licensing requirements, marketing guidelines, property transaction procedures, and the obligations of both parties in the real estate sales and marketing process.

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What is a Real Estate Channel Partner Agreement?

The Real Estate Channel Partner Agreement is a crucial document for property companies operating in Malaysia who wish to expand their market reach through authorized channel partners. This agreement is specifically designed to comply with Malaysian real estate regulations and business laws, providing a framework for collaboration between property developers or agencies and their sales channels. It typically includes detailed provisions for commission structures, territorial rights, compliance requirements, and operational procedures. The document is essential when establishing new sales partnerships, expanding into new territories, or formalizing existing channel partner relationships in the Malaysian real estate market. It incorporates necessary safeguards to protect both parties' interests while ensuring compliance with local regulatory requirements, including those under the Valuers, Appraisers, Estate Agents and Property Managers Act 1981.

What sections should be included in a Real Estate Channel Partner Agreement?

1. Parties: Identification of the principal real estate company and the channel partner, including full legal names, registration numbers, and addresses

2. Background: Context of the agreement, brief description of the parties' businesses, and purpose of the channel partner arrangement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Appointment and Scope: Terms of appointment of the channel partner, territory coverage, and scope of services

5. Channel Partner Obligations: Detailed responsibilities of the channel partner including marketing, client management, and compliance requirements

6. Principal's Obligations: Responsibilities of the principal company including support, training, and information provision

7. Commission Structure: Details of commission rates, calculation methods, and payment terms

8. Compliance and Licenses: Requirements for maintaining necessary licenses and compliance with Malaysian real estate regulations

9. Confidentiality: Provisions for protecting confidential information of both parties

10. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

11. Post-Termination Obligations: Obligations and restrictions that survive after the agreement ends

12. General Provisions: Standard legal clauses including governing law, notices, and entire agreement

What sections are optional to include in a Real Estate Channel Partner Agreement?

1. Non-Compete: Restrictions on the channel partner's ability to work with competitors, included when exclusivity is required

2. Marketing Guidelines: Specific rules for marketing and brand usage, included when the principal has strict brand requirements

3. Performance Targets: Specific sales or performance metrics, included when the agreement is performance-based

4. Training Requirements: Detailed training obligations and certification requirements, included for complex property types

5. Data Protection: Specific provisions for handling personal data under PDPA, included when significant personal data processing is involved

6. Dispute Resolution: Specific procedures for handling disputes, included when parties prefer alternative dispute resolution

7. Insurance Requirements: Detailed insurance obligations, included for high-value property dealings

What schedules should be included in a Real Estate Channel Partner Agreement?

1. Schedule 1 - Commission Rates: Detailed breakdown of commission structures for different property types and transaction values

2. Schedule 2 - Territory: Detailed description or map of the geographical territory covered by the agreement

3. Schedule 3 - Property Types: List of property types covered under the agreement

4. Schedule 4 - Operating Procedures: Detailed procedures for property listings, viewings, and transaction processing

5. Schedule 5 - Marketing Materials: Approved marketing templates and brand guidelines

6. Appendix A - Required Licenses: List of required licenses and certifications

7. Appendix B - Reporting Ƶ: Standard forms for activity reporting and commission claims

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

Cost

Free to use
Relevant legal definitions



































Clauses


































Relevant Industries

Residential Real Estate

Commercial Real Estate

Industrial Real Estate

Retail Real Estate

Office Real Estate

Luxury Real Estate

Mixed-use Development

Property Development

Real Estate Investment

Relevant Teams

Legal

Business Development

Sales

Compliance

Operations

Marketing

Finance

Risk Management

Partner Relations

Property Management

Relevant Roles

Real Estate Director

Business Development Manager

Channel Sales Manager

Property Sales Director

Real Estate Agent

Property Marketing Manager

Legal Counsel

Compliance Officer

Operations Manager

Sales Director

Partnership Manager

Real Estate Broker

Property Consultant

Commercial Director

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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