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Drafted by lawyers

Compliant with Malaysian law

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Learn more about Real Estate Agent Agreement in Malaysia

The Real Estate Agent Agreement connects a business to a real estate developer who will represent the business and advertise its products. The real estate agent contract is very widespread in Malaysia’s real estate sector. Although establishing a written contract is not required, it is strongly advised. The creation of a sales agent contract establishes the framework for the principal company and the sales agent’s business relationship. Knowing your partner’s expectations, rights, and duties in a clear and exact manner will help you prevent numerous disagreements. Download our professional Real Estate Agent Contract drafted by Malaysian lawyers. Once you have a buyer, you can also use our Real Estate Purchase Agreement to secure the transaction.

Table of contents


What is a Real Estate Agent Agreement?

Real estate agent agreements are frequently drafted to document the terms and payment details associated with the services to be provided. Signing this crucial agreement can help everyone avoid future squabbles. It is vital to document the facts of your employment, regardless of how long your organization has been in operation. The real estate agent and the consumer are both aware of their respective responsibilities. Both sides understand when payment is due. There are no ambiguities regarding the duration of the engagement. Anyone who refuses to sign a real estate agent agreement might expect missed deadlines and unpaid fees on a regular basis.

What is the role of a Real Estate Agent?

The agent can be self-employed or employed by a real estate firm to provide these services. It is critical to carefully select the agent who will handle the sale or purchase of a property. Indeed, his expertise and network will be crucial in obtaining the best potential purchase or selling price, depending on the circumstances. Contract-related litigation could also be avoided. Before entering into a contract, it is therefore necessary to investigate the reputation of real estate brokers.

What are the advantages of a Real Estate Agent Agreement?

1. Commitment to promote your unit

Exclusive agreements require that the chosen agent push your interests without regard for the interests of others. Because the exclusive agent is confident that his efforts will not be in vain, he will commit more of his resources to promoting and marketing your unit.

2. Simpler Coordination

With a single point of contact, one agent is now totally accountable for your property. You may be confident that your agent will meticulously carry out reasonable instructions and requests regarding the sale or lease of your apartment.

3. Target pricing

When prospects discover multiple ads for your apartment, they will usually call the agent giving the lowest price. As a result, when an owner hires numerous agents, in order to entice more inquiries, the agents will frequently drop the asking price, resulting in a price war for your apartment.

What are the different types of Agent Contract?

1. Sole Agency: The most prevalent type of estate agent contract is sole agency. Sole agency means that the estate agent is the only agent with the right to sell your home throughout the length of the contract, but you do not have to pay the estate agent costs if you find a buyer yourself. If the contract is open-ended, the agent may be entitled to claim commission even after the contract has expired.

2. Joint Sole Agency: In a joint sole agency arrangement, you appoint two agents who agree ahead of time who will receive the commission, which may be split. This is usually only appropriate if you want to choose a specialist agent who acts on a national scale as well as a generalist local agent, rather than having two local agents compete with one another.

3. Multi Agency: You can work with as many agents as you choose and only pay a commission to the one who sells your home. The more brokers you hire, the more potential buyers you’ll reach and, presumably, the greater the bids you’ll receive – but you’ll pay larger fees.

4. Exclusive Selling Rights: If your contract grants the agency “sole selling rights,” exercise caution before signing. The estate agent named in the contract is the only one authorized to sell your home during the time period specified. Even if you find your own buyer, you will have to pay the estate agency.

What to do before signing a Real Estate Agent Agreement?

Before signing any estate agency contract or enabling the agent to take images or begin selling your house, carefully review it. Keep the following in mind:

➤ Review all commission rates. They should be consistent with what you discussed with the agent and based on the agreed-upon final sale price.
➤ Make it crystal clear whether or not the fee includes VAT.
➤ Examine the contract type. If you agree to sole selling rights, the estate agent will receive a commission even if you locate the buyer yourself.
➤ Check that there are no hidden fees or charges, and that the commission is paid upon completion.
➤ Contracts containing handwritten alterations should be avoided. Some agents utilize this to levy extra marketing costs or withdrawal fees. A marketing incentive charge is another term for it.
➤ Examine the lengths of the tie-in and written notification periods. If you are not comfortable, you should negotiate. Make certain that there is no lengthy introducer commitment period.

What are property agent fees used for?

Their role is to creatively promote and advertise a property in order to clinch a transaction. They may also assist you in checking for flaws and managing all of your crucial documents. There are also stories of agents that go above and above for their clients. Unfortunately, more acreage implies more foliage, which results in overgrown weeds when the property is vacant.

A property agent’s fees include the cost of marketing materials, printing or making copies of papers, and travel expenditures, in addition to finding suitable purchasers for your house.

Are booking fees legal in Malaysia?

Booking fees have been outlawed since the 1980s. Initially, booking fees were permitted, but the price was limited. The Housing Development (Control and Licensing) Rules 1970 established a cap on the amount that might be charged.

However, the Housing Developers (Control and Licensing) Regulations 1982 (known as ‘HDR 1982’) were quickly abolished. It was implied in this that the practice of collecting booking fees was prohibited.

What can I do if my estate agent is not performing?

If your estate agent isn’t performing, for example, because they haven’t located any possible purchasers, you should first chat with them to convey your discontent. You must then review your agreement conditions to see whether it is possible to switch to another agency and, if so, whether you must pay any exit fees – the agent may have paid marketing expenditures such as advertising.

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