The Listing Agreement is a crucial document in Maltese real estate transactions, establishing the professional relationship between property owners and real estate agents. This agreement is essential when a property owner wishes to engage a professional real estate agent or agency to market and sell their property in Malta. The document must comply with Malta's Real Estate Agents, Property Brokers and Property Consultants Act and related regulations, including specific requirements for real estate agency services, commission structures, and data protection. The Listing Agreement typically includes detailed provisions about the property, marketing strategy, commission terms, duration of the listing, and the respective obligations of both parties. It can be structured as either an exclusive or non-exclusive arrangement, depending on the parties' preferences and market strategy.

1. Parties: Identification of the property owner(s) and the real estate agent/agency, including registration numbers and contact details

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

3. Definitions: Key terms used throughout the agreement including 'Property', 'Listing Period', 'Commission', 'Successful Sale'

4. Appointment and Authority: Scope of agent's appointment and authority to market and show the property

5. Duration: Term of the listing agreement, including start and end dates

6. Agent's Obligations: Detailed responsibilities of the agent including marketing, showing property, reporting to owner

7. Owner's Obligations: Property owner's responsibilities, including providing access, maintaining property, disclosure of information

8. Commission Structure: Details of agent's commission, calculation method, and payment terms

9. Marketing Authorization: Specific permissions for marketing activities and use of property information

10. Property Access: Arrangements for property viewings and access protocols

11. Confidentiality: Confidentiality obligations regarding property and owner information

12. Data Protection: GDPR compliance and data handling procedures

13. Termination: Conditions and process for ending the agreement

14. Governing Law: Confirmation of Maltese law governance and jurisdiction

15. Entire Agreement: Standard entire agreement clause and amendment provisions