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Exclusive Seller Representation Agreement Template for Malaysia

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Key Requirements PROMPT example:

Exclusive Seller Representation Agreement

"I need an Exclusive Seller Representation Agreement for a luxury residential property in Kuala Lumpur, with a six-month exclusivity period starting March 1, 2025, including international marketing provisions and a tiered commission structure."

Document background
The Exclusive Seller Representation Agreement is a crucial document in Malaysian real estate transactions that establishes a legally binding relationship between a property owner and a real estate agency. This agreement type is commonly used when property owners want to ensure coordinated marketing efforts and clear accountability in the sales process. The document complies with Malaysian real estate regulations, particularly the Valuers, Appraisers, Estate Agents and Property Managers Act 1981 and related regulations. It specifies the exclusive rights granted to the agency, details commission structures, outlines marketing strategies, and defines the obligations of all parties involved. The agreement is particularly important in protecting both the agent's interests in investing resources into marketing the property and the seller's interests in ensuring professional representation. It includes specific provisions for the Malaysian market context and local property practices, making it distinct from similar agreements in other jurisdictions.
Suggested Sections

1. Parties: Identifies the seller and the real estate agency, including their full legal names, registration numbers, and addresses

2. Background: Explains the context of the agreement, including the seller's intention to sell the property and appoint the agent exclusively

3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Exclusive Period', 'Asking Price', and 'Commission'

4. Appointment and Scope: Details the exclusive appointment of the agent and the specific services to be provided

5. Duration: Specifies the length of the exclusive arrangement and any renewal provisions

6. Agent's Obligations: Lists all duties and responsibilities of the agent, including marketing, showing the property, and reporting

7. Seller's Obligations: Outlines the seller's responsibilities, including providing accurate information and access to the property

8. Commission Structure: Details the commission rate, payment terms, and conditions under which commission becomes payable

9. Marketing and Advertising: Specifies the agreed marketing approach, advertising methods, and related costs

10. Confidentiality: Addresses the handling of confidential information about the seller and the property

11. Termination: States the conditions under which either party may terminate the agreement

12. Governing Law: Confirms that the agreement is governed by Malaysian law

13. Execution: Formal signing section with space for signatures, witnesses, and dates

Optional Sections

1. Multiple Properties: Include when the seller is listing more than one property through the agent

2. International Marketing: Add when the property will be marketed to international buyers

3. Virtual Tours and Digital Marketing: Include specific provisions for digital marketing strategies and virtual showings

4. Property Management: Add if the agent will provide property management services during the listing period

5. Dual Agency: Include provisions for situations where the agent might represent both seller and buyer

6. Force Majeure: Add specific provisions for unforeseen circumstances that might affect the agreement

7. Post-Termination Obligations: Include when specific post-termination responsibilities need to be outlined

Suggested Schedules

1. Schedule 1: Property Details: Detailed description of the property, including legal description, title details, and included fixtures

2. Schedule 2: Commission Schedule: Detailed breakdown of commission rates, including any sliding scales or special circumstances

3. Schedule 3: Marketing Plan: Comprehensive marketing strategy and timeline

4. Schedule 4: Property Documentation: List of all required property documents and certificates

5. Appendix A: Photo Schedule: List and copies of approved property photographs for marketing

6. Appendix B: Pricing Analysis: Comparative market analysis and pricing strategy

7. Appendix C: Agency Credentials: Copy of agent's license and professional certifications as required by Malaysian law

Authors

Alex Denne

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

Relevant legal definitions




























Clauses






























Relevant Industries

Real Estate

Residential Property

Commercial Property

Industrial Property

Retail Property

Luxury Real Estate

Property Development

Property Investment

Land Development

Mixed-Use Development

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Operations

Marketing

Property Management

Contract Administration

Transaction Management

Relevant Roles

Real Estate Agent

Property Manager

Real Estate Broker

Sales Director

Business Development Manager

Property Consultant

Legal Counsel

Compliance Officer

Contract Manager

Real Estate Partner

Property Sales Manager

Marketing Manager

Transaction Coordinator

Real Estate Operations 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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