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The Real Estate Agent Independent Contractor Agreement is essential for Malaysian real estate brokerages engaging licensed agents as independent contractors rather than employees. This document is particularly crucial in the Malaysian real estate market, where agents typically operate as independent businesses while maintaining affiliation with established brokerages. The agreement ensures compliance with Malaysian regulations, including the Valuers, Appraisers, Estate Agents and Property Managers Act 1981 and related rules. It covers critical aspects such as commission structures, professional obligations, regulatory compliance, and operational procedures. This agreement is typically used when onboarding new agents or updating terms with existing agents, providing clear guidelines for the business relationship while protecting both parties' interests under Malaysian law.

1. Parties: Identifies the real estate brokerage company and the independent contractor (real estate agent)

2. Background: Establishes context, including the brokerage's business nature and agent's qualifications/registration status

3. Definitions: Defines key terms used throughout the agreement, including 'Commission', 'Property', 'Client', 'Services'

4. Appointment and Scope: Establishes the independent contractor relationship and outlines the authorized services the agent can provide

5. Independent Contractor Status: Explicitly defines the relationship as independent contractor, not employment

6. Agent's Obligations: Details the agent's responsibilities, including compliance with laws, professional conduct, and service standards

7. Brokerage's Obligations: Outlines the brokerage's responsibilities to the agent, including support services and training

8. Commission Structure: Details the commission splits, payment terms, and conditions for earning commissions

9. Expenses and Taxation: Clarifies responsibility for business expenses and tax obligations

10. Compliance Requirements: Specifies compliance with BOVAEA regulations and other applicable laws

11. Confidentiality: Addresses handling of confidential information and client data

12. Term and Termination: Specifies agreement duration and conditions for termination

13. Post-Termination Obligations: Outlines obligations after agreement ends, including handling of pending transactions

14. Dispute Resolution: Establishes process for resolving disputes between parties

15. General Provisions: Standard contract clauses including governing law, notices, and amendments