Restriction on Estate Agency Practice(1) No person shall unless he is a registered estate agent and has been issued with an authority to practice under section 16 –
- practice or carry on business or take up employment under any name, style or title containing the words “Estate Agent”, “House Agent”, “Property Agent”, “Land Agent”, “House Broker” or the equivalent thereto, in any language or bearing any other word whatsoever in any language which may reasonably be construed to imply that he is a registered estate agent or that he is engaged in estate agency practice or business.
- display any signboard or poster or use, distribute or circulate any card, letter, pamphlet, leaflet, notice or any form of advertisement, implying either directly or indirectly that he is a registered estate agent or that he is engaged in estate agency practice or business;
- offer for sale, rent or lease or invite offers to purchase, rent or lease any land, building and any interest therein irrespective of whether such land, building and interest is located within Malaysia or outside Malaysia: Provided that where foreign properties are to be marketed in Malaysia, such offer or invitation shall be made by or through an estate agent practicing and residing in Malaysia on behalf of a principal or an estate agent practicing or residing outside Malaysia;
- be entitled to recover in any court any fees, commission, charges or remuneration for any professional advice or services rendered as an estate agent.
- Notwithstanding subsection (1) – (a) an owner of any land, building and any interest therein may sell or rent or lease or sub-lease, or offer to sell or rent or lease or sub-lease, such land, building and interest therein;
Section 30 – Offences
Any person who
- procures or attempts to procure registration or an authority to practise under this Act by knowingly making it or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation whether in writing or otherwise;
- wilfully makes or causes to be made any falsification in the Register or Register of Probationary
- forges, alters or counterfeits any certificate , testimonial, order or authority to practise under this Act;
- utters or uses any forged, altered or counterfeit authority to practise under this Act knowing the same to be forged altered or counterfeited;
- Impersonates a registered estate agent
- Buys a fraudulently obtains an authority to practise under this Act issued to another person
- Sells transfers sublets or otherwise permits any other person to use any authority to practise issued to him under this Act;
- Not being a person acting under the immediate personal direction and supervision of a registered estate agent carries out or undertakes to carry out any work provided under section 19 or 22c or;
- Acts in contravention of section 22C.
Commits an offence and is liable on conviction to a FINE NOT EXCEEDING THREE HUNDRED THOUSAND RINGGIT OR TO IMPRISONMENT FOR A TERM NOT EXCEEDING THREE YEARS OR TO BOTH and he shall be liable to a further penalty of one thousand ringgit for each day during the continuance of such offence.
- Penalty for Other Offences
- Any person who commits any offence under this Act for which no other penalty is expressly provided is liable on conviction to a fine not exceeding two hundred thousand ringgit.
- If a firm fails to comply with any provisions of this Act the sole proprietor, every partner and every director or other similar officer thereof commits the same offence and is liable to the same penalty as the firm unless he proves that the offence was committed without his knowledge, consent or connivance or was not attributable to any neglect on his part.
Section 22a – Who Is A Registered Estate Agent?
Means a person who has
- Attained age of 21, of sound mind, Good character and has not been convicted of any offence involving fraud or dishonesty moral turpitude during the five years immediately preceding the date of his application;
- Is not an undischarged bankrupt
- Registered as a probationary estate agent
- Made a declaration in the form and manner prescribed by the Board; and
- He has paid the fees prescribed by the Board;
- Is not under suspension from estate agency practice nor has his name been cancelled from the register.
If any member is
- Convicted of any offence involving fraud or dishonesty
- Contravened or failed to comply with provisions of the Act/Rules
- Found guilty of professional misconduct or any conduct that is disgraceful or infamous
The Board may
- Cancel his registration
- Suspend his practice not exceeding 3 years
- Admonishing (warning) him
- Imposing a fine not exceeding RM10,000
A firm that holds client’s money must keep a client’s account and only client’s money are to be kept in the clients account.
No money may be withdrawn except
- Monies required for payment to or on behalf of the client
- Monies required towards reimbursement of moneys expanded by the firm on behalf of a client
- Monies required towards payment of the firm’s fees and disbursement
- Where a bill has been delivered for such fees to the client or his solicitor and it has thereby in writing been made clear that money is being or will be applied towards the satisfaction of such fees.
- Where any drawing is authorized by the client in writing before hand
Companies / Firms are identified by type of firms by the no in the bracket
- E (1) 0000 – Sdn Bhd
- E (2) 0000 – Partnership
- E (3) 0000 – Sole Proprietor
Estate Agents Probationary Estate Agents are all assigned a number for life.
- Estate Agents – E 0000
- Real Estate Negotiators – REN 000000