Real Estate Agent Rental Agreement for Malaysia

Real Estate Agent Rental Agreement Template for Malaysia

This document establishes the legal relationship between a property owner and a real estate agent for rental property services in Malaysia. It outlines the agent's authority, responsibilities, commission structure, and service scope while ensuring compliance with Malaysian real estate regulations, particularly the Valuers, Appraisers, Estate Agents and Property Managers Act. The agreement covers essential aspects such as marketing services, tenant screening, negotiation authority, and commission terms, while incorporating Malaysian legal requirements for property rental transactions and agency relationships.

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What is a Real Estate Agent Rental Agreement?

The Real Estate Agent Rental Agreement is a crucial document used in the Malaysian property market when a property owner wishes to engage a licensed real estate agent's services for renting out their property. This agreement is essential for compliance with Malaysian real estate regulations, particularly the Valuers, Appraisers, Estate Agents and Property Managers Act 1981. It defines the scope of the agent's authority, commission structure, and responsibilities in marketing and managing rental properties. The document is designed to protect both the property owner's and agent's interests while ensuring transparent terms for services such as property marketing, tenant screening, rental negotiation, and documentation handling. It's particularly relevant in both residential and commercial property contexts, and can be adapted for individual landlords or corporate property owners.

What sections should be included in a Real Estate Agent Rental Agreement?

1. Parties: Identifies the property owner/landlord and the licensed real estate agent/agency, including full legal names, registration numbers, and contact details

2. Background: Establishes the context of the agreement, including the property owner's intention to rent out the property and engage the agent's services

3. Definitions: Defines key terms used throughout the agreement including 'Property', 'Commission', 'Rental Period', and other relevant terms

4. Appointment and Authority: Formal appointment of the agent and scope of authority granted by the property owner

5. Agent's Duties and Responsibilities: Detailed listing of services to be provided by the agent, including marketing, tenant screening, and negotiation

6. Property Owner's Obligations: Responsibilities of the property owner, including providing accurate information and necessary documentation

7. Commission Structure: Details of the agent's compensation, including commission rates, payment terms, and conditions

8. Term and Termination: Duration of the agreement and conditions for termination by either party

9. Confidentiality: Obligations regarding confidential information and data protection requirements

10. Warranties and Representations: Statements of fact and promises made by both parties

11. Governing Law and Jurisdiction: Specifies Malaysian law as governing law and jurisdiction for dispute resolution

12. Execution: Signature blocks and execution formalities

What sections are optional to include in a Real Estate Agent Rental Agreement?

1. Exclusive Agency Rights: Used when the property owner grants exclusive rights to the agent for a specified period

2. Sub-Agents: Include when the agent is permitted to appoint sub-agents to assist in the rental process

3. Property Management Services: Added when the agent will provide ongoing property management services beyond securing a tenant

4. Marketing Budget and Plans: Include when specific marketing commitments and budgets need to be agreed upon

5. Insurance Requirements: Used when specific insurance coverage is required for the agent's services

6. Force Majeure: Include when parties want to address unforeseen circumstances affecting contract performance

What schedules should be included in a Real Estate Agent Rental Agreement?

1. Property Details: Detailed description of the property, including address, size, features, and condition

2. Commission Rate Schedule: Detailed breakdown of commission rates for different rental values or scenarios

3. Required Documentation: List of documents required from property owner and potential tenants

4. Marketing Plan: Detailed marketing strategy and platforms to be used for property promotion

5. Agent's License and Credentials: Copies of the agent's professional licenses and certifications

6. Approved Rental Terms: Pre-approved rental terms and conditions set by the property owner

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Agency Agreement

Cost

Free to use
Relevant Industries

Real Estate

Property Management

Residential Property

Commercial Property

Property Investment

Professional Services

Property Development

Rental Management

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Business Development

Contract Administration

Operations

Asset Management

Relevant Roles

Real Estate Agent

Property Manager

Leasing Manager

Real Estate Broker

Property Owner

Legal Counsel

Compliance Officer

Estate Agency Director

Rental Property Manager

Business Development Manager

Contract Administrator

Property Portfolio 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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