Agency Agreement (Real Estate) for Malta

Agency Agreement (Real Estate) Template for Malta

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Agency Agreement (Real Estate)

"I need a Real Estate Agency Agreement for my Malta-based property development company, starting from March 2025, granting exclusive rights to an agency to market our new 45-unit residential development internationally, with specific provisions for online marketing and foreign buyer arrangements."

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What is a Agency Agreement (Real Estate)?

The Agency Agreement (Real Estate) is a crucial document used in the Maltese real estate market to formalize the professional relationship between property owners/sellers and real estate agents or agencies. This agreement is essential when a property owner wishes to engage a professional real estate agent to market, sell, or lease their property in Malta. The document encompasses key elements required by Maltese law, including compliance with the Real Estate Agents, Property Brokers and Property Consultants Act (Cap. 615), and addresses important aspects such as commission structures, service scope, marketing rights, and obligations of both parties. It provides legal protection for all parties involved and ensures clarity in the business relationship, particularly important in Malta's dynamic property market where international transactions are common.

What sections should be included in a Agency Agreement (Real Estate)?

1. Parties: Identification of the Agent (real estate agency) and the Principal (property owner/seller)

2. Background: Context of the agreement, including brief description of the property and the Principal's intention to engage the Agent

3. Definitions: Key terms used throughout the agreement including Property, Services, Commission, Exclusive Agency Period, etc.

4. Appointment and Scope: Terms of the Agent's appointment and detailed scope of services to be provided

5. Duration: Term of the agreement, including start date and initial period

6. Agent's Obligations: Detailed responsibilities of the Agent including marketing, viewings, reporting, and compliance with relevant laws

7. Principal's Obligations: Responsibilities of the Principal including providing accurate information, access to the property, and cooperation

8. Commission Structure: Detailed breakdown of commission rates, payment terms, and conditions for commission becoming due

9. Marketing and Advertising: Terms regarding property marketing, including approved methods and cost responsibilities

10. Confidentiality: Obligations regarding confidential information and data protection compliance

11. Termination: Circumstances and process for terminating the agreement, including notice periods

12. General Provisions: Standard clauses including notices, entire agreement, amendments, governing law, etc.

What sections are optional to include in a Agency Agreement (Real Estate)?

1. Exclusivity Provisions: Used when the agreement is exclusive, detailing the terms of exclusivity and consequences of breach

2. Sub-Agents: Include when the Agent may need to appoint sub-agents or cooperate with other agencies

3. Property Management Services: Include when the Agent will provide additional property management services beyond sales/letting

4. International Marketing: Include when the property will be marketed internationally, including specific provisions for foreign markets

5. Online Portal Listings: Specific terms for online property portal listings when premium or international listings are involved

6. Professional Indemnity: Detailed professional indemnity provisions when dealing with high-value properties

7. Anti-Money Laundering Compliance: Detailed AML procedures when dealing with high-value transactions or international clients

What schedules should be included in a Agency Agreement (Real Estate)?

1. Property Details Schedule: Detailed description of the property, including address, specifications, and condition

2. Commission Schedule: Detailed breakdown of commission structures, including different scenarios and calculation methods

3. Services Schedule: Comprehensive list of services to be provided by the Agent

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

5. Approved Marketing Materials: Templates or examples of approved marketing materials and property descriptions

6. Required Documentation: List of required documents for property sale/letting and compliance requirements

Authors

Alex Denne

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

Relevant legal definitions
Relevant Industries

Real Estate

Property Development

Property Management

Construction

Real Estate Investment

Hospitality

Commercial Property

Residential Property

Relevant Teams

Legal

Real Estate

Sales

Business Development

Compliance

Operations

Contract Management

Property Management

Marketing

Relevant Roles

Real Estate Agent

Property Broker

Real Estate Manager

Property Consultant

Business Development Manager

Sales Director

Property Manager

Legal Counsel

Compliance Officer

Contract Manager

Real Estate Partner

Managing Director

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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