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Leasing Agency Agreement for Malaysia

Leasing Agency Agreement Template for Malaysia

A comprehensive legal agreement governed by Malaysian law that establishes and regulates the relationship between a property owner/landlord and a leasing agency. The document outlines the agency's authority to market, negotiate, and facilitate property leasing transactions on behalf of the owner. It includes detailed provisions for commission structures, service obligations, marketing responsibilities, and compliance with Malaysian real estate regulations, particularly the Valuers, Appraisers, Estate Agents and Property Managers Act 1981. The agreement serves as the foundation for the professional relationship while ensuring compliance with local property and agency laws.

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What is a Leasing Agency Agreement?

The Leasing Agency Agreement is a crucial document used when a property owner wishes to engage a professional real estate agency to handle the leasing of their property in Malaysia. This agreement is essential for both commercial and residential properties, providing a legally binding framework that defines the scope of the agency's authority, responsibilities, and compensation structure. It ensures compliance with Malaysian regulations, including the Valuers, Appraisers, Estate Agents and Property Managers Act 1981 and related property laws. The document typically covers various aspects such as marketing obligations, commission terms, service standards, and dispute resolution mechanisms, making it suitable for different types of properties and leasing arrangements. It protects both parties' interests while establishing clear operational guidelines and performance expectations.

What sections should be included in a Leasing Agency Agreement?

1. Parties: Identification of the property owner/landlord and the leasing agency, including full legal names and addresses

2. Background: Context of the agreement, including brief description of the property and purpose of engaging the agency

3. Definitions: Key terms used throughout the agreement

4. Appointment and Term: Formal appointment of the agency, nature of appointment (exclusive/non-exclusive), and duration

5. Scope of Services: Detailed description of services to be provided by the leasing agency

6. Agency's Obligations: Specific duties and responsibilities of the leasing agency

7. Property Owner's Obligations: Specific duties and responsibilities of the property owner

8. Fees and Commission Structure: Detailed breakdown of fees, commission rates, and payment terms

9. Marketing and Advertising: Terms regarding property marketing, advertising responsibilities, and cost allocation

10. Compliance and Regulatory Requirements: Obligations regarding legal compliance, licenses, and regulatory requirements

11. Confidentiality: Protection of confidential information and trade secrets

12. Liability and Indemnification: Allocation of risks and responsibilities between parties

13. Termination: Conditions and procedures for ending the agreement

14. Governing Law and Jurisdiction: Specification of Malaysian law as governing law and jurisdiction for disputes

15. General Provisions: Standard boilerplate clauses including notices, amendments, and entire agreement

What sections are optional to include in a Leasing Agency Agreement?

1. Exclusivity Provisions: Detailed terms when the appointment is exclusive, including territorial restrictions

2. Sub-Agents: Terms governing the appointment and management of sub-agents if permitted

3. Performance Targets: Specific performance metrics and consequences of not meeting them

4. Insurance Requirements: Detailed insurance obligations beyond standard coverage

5. Property Management Services: Additional terms if the agency also provides property management services

6. Digital Marketing Provisions: Specific terms regarding online marketing and digital platforms

7. Force Majeure: Terms dealing with unforeseen circumstances preventing performance

What schedules should be included in a Leasing Agency Agreement?

1. Property Details: Comprehensive description of the property(ies) covered by the agreement

2. Commission Structure: Detailed breakdown of commission rates, calculation methods, and examples

3. Marketing Plan: Detailed marketing strategy and activities to be undertaken

4. Service Level Agreement: Specific performance metrics and service standards

5. Approved Marketing Materials: Templates or examples of approved marketing materials and branding guidelines

6. Required Documentation: List of required documents for property listing and leasing transactions

7. Agency's Operating Procedures: Standard operating procedures for handling inquiries, viewings, and negotiations

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

Real Estate

Property Management

Commercial Property

Residential Property

Retail Property

Industrial Property

Hospitality

Office Space

Mixed-Use Development

Relevant Teams

Legal

Real Estate

Property Management

Operations

Compliance

Business Development

Marketing

Facilities Management

Asset Management

Finance

Risk Management

Relevant Roles

Property Manager

Real Estate Agent

Leasing Manager

Property Owner

Asset Manager

Facilities Manager

Real Estate Director

Legal Counsel

Compliance Officer

Business Development Manager

Operations Manager

Marketing Manager

Portfolio Manager

Commercial Director

Managing 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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