The Agency Listing Agreement is a crucial document in Malaysian real estate transactions that formalizes the relationship between property owners and real estate agencies. It is used when a property owner wishes to engage a professional real estate agency to market and sell their property. The agreement must comply with Malaysian legislation, particularly the Valuers, Appraisers, Estate Agents and Property Managers Act 1981 and related regulations. This document typically includes detailed specifications about the property, the scope of agency services, commission structures, marketing authorizations, and the duration of the listing. It serves as a protective mechanism for both parties by clearly defining rights, responsibilities, and expectations while ensuring compliance with local real estate practices and regulatory requirements.
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1. Parties: Identification of the Property Owner/Seller and the Licensed Real Estate Agency
2. Background: Context of the agreement and brief description of the property to be listed
3. Definitions: Key terms used throughout the agreement including 'Property', 'Listing Period', 'Commission', etc.
4. Appointment and Authority: Formal appointment of the agent and scope of authority granted
5. Agent's Obligations: Detailed responsibilities including marketing, showing property, negotiating, etc.
6. Owner's Obligations: Owner's responsibilities including providing accurate information, access to property, etc.
7. Listing Period: Duration of the agreement including start and end dates
8. Commission Structure: Details of commission rates, payment terms, and conditions for commission earning
9. Marketing Authorization: Permissions for advertising, signage, and promotional activities
10. Property Information: Warranties regarding property information accuracy
11. Termination: Conditions and procedures for ending the agreement
12. Governing Law: Specification of Malaysian law as governing law and jurisdiction
13. Entire Agreement: Standard boilerplate confirming this as the complete agreement between parties
1. Exclusive Agency Rights: Used when the agreement is exclusive rather than non-exclusive
2. Multiple Listing Service: Include when the property will be listed on MLS or similar services
3. International Marketing: Added for high-end properties requiring international promotion
4. Virtual Tours and Digital Marketing: Specific provisions for digital marketing strategies
5. Property Management: Include if agent will provide property management services during listing
6. Special Conditions: For unique property features or special selling requirements
7. Post-Termination Obligations: Include when protection period or post-termination commissions apply
1. Schedule 1 - Property Details: Detailed description of the property including lot number, title details, size, etc.
2. Schedule 2 - Commission Structure: Detailed breakdown of commission rates, calculation methods, and payment terms
3. Schedule 3 - Marketing Plan: Specific marketing activities and timeline
4. Schedule 4 - Property Photographs: Official photographs and floor plans of the property
5. Schedule 5 - Authorized Personnel: List of authorized agency representatives handling the listing
6. Appendix A - Required Documents: Checklist of necessary property documents and certificates
7. Appendix B - Property Disclosure Statement: Owner's disclosure of property condition and known issues
Relevant legal definitions
Agency Period
Agreement
Asking Price
Authorised Representative
Board
Business Day
Commission
Completion
Confidential Information
Deposit
Effective Date
Estate Agency
Estate Agent
Identity Card
Listing
Marketing Materials
Marketing Plan
Net Selling Price
Owner
Property
Purchase Price
Purchaser
Real Estate Registration Number
Sale
Sales Documentation
Schedule
Selling Period
Services
Transaction
Valuation Report
Viewing Record
Agreement
Asking Price
Authorised Representative
Board
Business Day
Commission
Completion
Confidential Information
Deposit
Effective Date
Estate Agency
Estate Agent
Identity Card
Listing
Marketing Materials
Marketing Plan
Net Selling Price
Owner
Property
Purchase Price
Purchaser
Real Estate Registration Number
Sale
Sales Documentation
Schedule
Selling Period
Services
Transaction
Valuation Report
Viewing Record
Clauses
Agency Appointment
Scope of Authority
Commission
Term and Duration
Marketing Rights
Property Information
Confidentiality
Representations and Warranties
Agent Obligations
Owner Obligations
Exclusivity
Termination
Payment Terms
Marketing and Advertising
Property Access
Intellectual Property
Data Protection
Liability and Indemnity
Force Majeure
Dispute Resolution
Governing Law
Assignment
Notices
Severability
Entire Agreement
Amendment
Third Party Rights
Compliance with Laws
Anti-Money Laundering
Costs and Expenses
Scope of Authority
Commission
Term and Duration
Marketing Rights
Property Information
Confidentiality
Representations and Warranties
Agent Obligations
Owner Obligations
Exclusivity
Termination
Payment Terms
Marketing and Advertising
Property Access
Intellectual Property
Data Protection
Liability and Indemnity
Force Majeure
Dispute Resolution
Governing Law
Assignment
Notices
Severability
Entire Agreement
Amendment
Third Party Rights
Compliance with Laws
Anti-Money Laundering
Costs and Expenses
Relevant Industries
Real Estate
Commercial Property
Residential Property
Industrial Property
Retail Property
Hospitality
Mixed-Use Development
Property Development
Property Investment
Relevant Teams
Legal
Real Estate
Sales
Business Development
Compliance
Operations
Marketing
Property Management
Contracts Administration
Executive Leadership
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 Executive
Marketing Manager
Transaction Manager
Managing Director
Chief Executive Officer
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