SlideShare a Scribd company logo
1 of 9
REAL ESTATE LAW (D08) MALAYSIA 
Types of Agency Appointments 
EXCLUSIVE 
AGENCY 
• Instruction from a Principal to a single Estate Agent to act on his behalf. 
• Principals may make introduction but leave the closing of the transaction to the EA 
• Principals must pay the appointed EA the agreed fee even if the EA was not effective in the cause of the transaction 
SOLE AGENCY 
• A single Estate Agency was engaged. 
• The principal may close deal by himself and not obliged to pay the EA his agent fee if the EA was not effective in the cause of tranx 
• Principal can choose to make a discount in fee on an arrangement made. 
SOLE JOINT 
AGENCY 
• The EA works together with the Principal as a team the the fee is divided on a pre-agreed formula. 
• The principle has the flexibility to compensate additional estate agent and at the same time maintain the advantage of having one 
EA in control 
JOINT AGENCY 
• Where more than one Estate Agent is appointed and only the one who closes the deal get paid the agent fee 
• The no of E A appointed is limited and each is aware of the appointment of the others 
AD HOC BASIS / 
OPEN LISTING 
• Principal can engage an unlimited number of EA on an ad-hoc basis 
• Fees are paid only on successful conclusion of EA trax.
Client’s Account –Open, Maintained, 
Operation and Consequences 
Refer to MAAS, Std 8 & VAAEA Rules 1986 Part Viii Rules 49-61 
A client’s account is: 
a) Current account open in the name of the registered firm at a bank in while the title contains 
the word ‘client’ 
b) Separate account open in the name of the person designated in writing by the principal 
which the registered firm has power of withdrawal on the signature of the sole proprietor, 
partner or other authorised person connected with the registered firm.
Client’s Account –Open, Maintained, 
Operation and Consequences 
MAS Scheduled 8 
2. A client’s account is necessary and should be opened. 
a) As there is a need for the registered firm to be accountable for the 
money belonging to client received on behalf which registered 
firm is acting as the stakeholder. 
b) The purpose of maintaining a client’s account is to ensure that the 
monies entrusted to registered real estate agent are: 
i) Paid into a separate designated account 
ii) Properly recorded in the accounts maintained by the REA 
iii) Properly monitored
Client’s Account –Open, Maintained, 
Operation and Consequences 
3. The client account should be maintained and operated as follows: 
a) A registered firm that holds money must keep at least one client’s 
account. 
b) Where the registered firm holds/ received a chq/ banker’s draft/ 
money order which include client’s money, it shall pay such che/ 
draft/ money order into the relevant client’s account. 
c) All interest accrued in the client’s account is to be accounted to 
the client. 
d) It is mandatory for a client’s account to be insured with a 
professional indemnity insurance. 
e) No money other than the monies which the firm is required to 
pay into the clients ‘account. 
f) No money shall be drawn from the client’s account except; 
i) When required to pay to or on behalf of the client 
ii) Reimbursement of monies expended by the registered firm on
Client’s Account –Open, Maintained, 
Operation and Consequences 
4. Every registered firm shall keep proper books and records to show 
its dealing with: 
i) All client’s money received, held/ paid by it 
ii) Any other money dealt with by it through a client’s account. 
iii) A register of all client’s accounts must be maintained 
iv) Once in each period of 12 mths, a registered firm shall delivery to 
the Boart no later than 6 mths after the end of the accounting 
period to which it relates: 
v) A certificate as prescribed in 8th Scheduled signed by the 
registered agent that during the accounting period covered, it 
did/ did not received / hold client’s money and 
vi) If it did, an auditor’s report issued by a firm of recognised 
professional auditors in the form prescribed in the 8th schedule 
relating to the accounting period.
Consequences of EA Failing to 
Maintain a client’s account 
1. A Registered Estate Agent shall be held jointly and severely liable 
for any contravention of any provision of VAAEA Act 1981. 
2. Unless he can prove that he has taken all steps as may be 
reasonable to ensure that such contravention shall not be 
committed he may declare free of liability for such contravention.
Consequences of EA Failing to 
Maintain a client’s account 
BOARD sends a Notice of Complaint to the EA 
May For refer matter to misconduct concerning to: 
professional misconduct of the EA: 
i) Complaints Investigation Committee (CIC) 
ii) CIC investigates 
iii) CIC makes report 
iv) CIC send report to the Board 
v) If Board decides a prima facie case is present, will refer to Disciplinary Board. 
vi) EA has to give an intention to appear/ reply to charges within 21 days of receipt of Notive 
of Complaint from Board 
vii) Disciplanary Board to meet after Registrat appoints time, date, place 
viii) EA is entitled to appear before the Board 
a) To explain/ rebut withnesses either by writing/ in person otherwise Board can elect to 
proceed without any further reference to the EA 
b) Board can decide to either dismiss the charges or
Consequences of EA Failing to 
Maintain a client’s account 
Board can make an order to: 
For i) Cancel matter EA’s registration concerning by removal professional of his name misconduct from register 
of the EA: 
ii) Suspend his practice < 3 years 
iii) Admonish him and record in Register 
iv) Adminish him or impose fine of < 5k / both. With no record in Register 
v) Fine 10K and record such fine in Register and that he is suspended from practice until 
such fine is paid.
Can’t account for monies to client 
1. The firm is liable to make good the monies to the client, either 
personally/ through an insurer (i.e. professional indemnity 
insurance) 
2. The REA can within 30 days of being notified of the order may 
make an appeal to Appeal Board.

More Related Content

Recently uploaded

Call girls in Shakti Nagar Delhi~8447779280°/=@/ Short 1500 Night 6000}ESCORT...
Call girls in Shakti Nagar Delhi~8447779280°/=@/ Short 1500 Night 6000}ESCORT...Call girls in Shakti Nagar Delhi~8447779280°/=@/ Short 1500 Night 6000}ESCORT...
Call girls in Shakti Nagar Delhi~8447779280°/=@/ Short 1500 Night 6000}ESCORT...
asmaqueen5
 
Listing Turkey - 2024 - May Featured Portfolio
Listing Turkey - 2024 - May Featured PortfolioListing Turkey - 2024 - May Featured Portfolio
Listing Turkey - 2024 - May Featured Portfolio
Listing Turkey
 
BPTP THE AMAARIO Luxury Project Invest Like Royalty in Sector 37D Gurgaon Dwa...
BPTP THE AMAARIO Luxury Project Invest Like Royalty in Sector 37D Gurgaon Dwa...BPTP THE AMAARIO Luxury Project Invest Like Royalty in Sector 37D Gurgaon Dwa...
BPTP THE AMAARIO Luxury Project Invest Like Royalty in Sector 37D Gurgaon Dwa...
ApartmentWala1
 
Low Rate Call girls in Sant Nagar{Delhi }8447779280} Service Escorts In South...
Low Rate Call girls in Sant Nagar{Delhi }8447779280} Service Escorts In South...Low Rate Call girls in Sant Nagar{Delhi }8447779280} Service Escorts In South...
Low Rate Call girls in Sant Nagar{Delhi }8447779280} Service Escorts In South...
asmaqueen5
 
Call girls In Rana Pratap Bagh {Delhi ↫8447779280↬Escort Service (Delhi)
Call girls In Rana Pratap Bagh {Delhi ↫8447779280↬Escort Service (Delhi)Call girls In Rana Pratap Bagh {Delhi ↫8447779280↬Escort Service (Delhi)
Call girls In Rana Pratap Bagh {Delhi ↫8447779280↬Escort Service (Delhi)
asmaqueen5
 
Cheap Rate ✨➥9582086666▻✨Call Girls In Gurgaon Sector 1 (Gurgaon)
Cheap Rate ✨➥9582086666▻✨Call Girls In Gurgaon Sector 1 (Gurgaon)Cheap Rate ✨➥9582086666▻✨Call Girls In Gurgaon Sector 1 (Gurgaon)
Cheap Rate ✨➥9582086666▻✨Call Girls In Gurgaon Sector 1 (Gurgaon)
delhi24hrs1
 
Bptp The Amaario Launch Luxury Project Sector 37D Gurgaon Dwarka Expressway...
Bptp The Amaario Launch  Luxury Project  Sector 37D Gurgaon Dwarka Expressway...Bptp The Amaario Launch  Luxury Project  Sector 37D Gurgaon Dwarka Expressway...
Bptp The Amaario Launch Luxury Project Sector 37D Gurgaon Dwarka Expressway...
ApartmentWala1
 
Low Rate ✨➥9711108085▻✨Call Girls In Majnu Ka Tilla (Mt) (Delhi)
Low Rate ✨➥9711108085▻✨Call Girls In Majnu Ka Tilla (Mt) (Delhi)Low Rate ✨➥9711108085▻✨Call Girls In Majnu Ka Tilla (Mt) (Delhi)
Low Rate ✨➥9711108085▻✨Call Girls In Majnu Ka Tilla (Mt) (Delhi)
delhi24hrs1
 

Recently uploaded (20)

Call girls in Shakti Nagar Delhi~8447779280°/=@/ Short 1500 Night 6000}ESCORT...
Call girls in Shakti Nagar Delhi~8447779280°/=@/ Short 1500 Night 6000}ESCORT...Call girls in Shakti Nagar Delhi~8447779280°/=@/ Short 1500 Night 6000}ESCORT...
Call girls in Shakti Nagar Delhi~8447779280°/=@/ Short 1500 Night 6000}ESCORT...
 
Madhugiri Boucher Managed Farmland (knx)
Madhugiri Boucher Managed Farmland (knx)Madhugiri Boucher Managed Farmland (knx)
Madhugiri Boucher Managed Farmland (knx)
 
Prestige Sancoale Goa Residneces Brochure.pdf
Prestige Sancoale Goa Residneces Brochure.pdfPrestige Sancoale Goa Residneces Brochure.pdf
Prestige Sancoale Goa Residneces Brochure.pdf
 
Listing Turkey - 2024 - May Featured Portfolio
Listing Turkey - 2024 - May Featured PortfolioListing Turkey - 2024 - May Featured Portfolio
Listing Turkey - 2024 - May Featured Portfolio
 
BPTP THE AMAARIO Luxury Project Invest Like Royalty in Sector 37D Gurgaon Dwa...
BPTP THE AMAARIO Luxury Project Invest Like Royalty in Sector 37D Gurgaon Dwa...BPTP THE AMAARIO Luxury Project Invest Like Royalty in Sector 37D Gurgaon Dwa...
BPTP THE AMAARIO Luxury Project Invest Like Royalty in Sector 37D Gurgaon Dwa...
 
Parksville 96 Surrey Floor Plans May 2024
Parksville 96 Surrey Floor Plans May 2024Parksville 96 Surrey Floor Plans May 2024
Parksville 96 Surrey Floor Plans May 2024
 
Eldeco Dwarka Project In Delhi-brochure.pdf.pdf
Eldeco Dwarka Project In Delhi-brochure.pdf.pdfEldeco Dwarka Project In Delhi-brochure.pdf.pdf
Eldeco Dwarka Project In Delhi-brochure.pdf.pdf
 
Low Rate Call girls in Sant Nagar{Delhi }8447779280} Service Escorts In South...
Low Rate Call girls in Sant Nagar{Delhi }8447779280} Service Escorts In South...Low Rate Call girls in Sant Nagar{Delhi }8447779280} Service Escorts In South...
Low Rate Call girls in Sant Nagar{Delhi }8447779280} Service Escorts In South...
 
SVN Live 5.6.24 Weekly Property Broadcast
SVN Live 5.6.24 Weekly Property BroadcastSVN Live 5.6.24 Weekly Property Broadcast
SVN Live 5.6.24 Weekly Property Broadcast
 
Top tourism places in Dubai - Inch & Brick Realty
Top tourism places in Dubai - Inch & Brick RealtyTop tourism places in Dubai - Inch & Brick Realty
Top tourism places in Dubai - Inch & Brick Realty
 
Bridge & Elliot Ladner Floor Plans May 2024.pdf
Bridge & Elliot Ladner Floor Plans May 2024.pdfBridge & Elliot Ladner Floor Plans May 2024.pdf
Bridge & Elliot Ladner Floor Plans May 2024.pdf
 
Ganga Platinum Kharadi Pune brochure.pdf
Ganga Platinum Kharadi Pune brochure.pdfGanga Platinum Kharadi Pune brochure.pdf
Ganga Platinum Kharadi Pune brochure.pdf
 
Call girls In Rana Pratap Bagh {Delhi ↫8447779280↬Escort Service (Delhi)
Call girls In Rana Pratap Bagh {Delhi ↫8447779280↬Escort Service (Delhi)Call girls In Rana Pratap Bagh {Delhi ↫8447779280↬Escort Service (Delhi)
Call girls In Rana Pratap Bagh {Delhi ↫8447779280↬Escort Service (Delhi)
 
Housing Price Regulation Thesis Defense by Slidesgo.pptx
Housing Price Regulation Thesis Defense by Slidesgo.pptxHousing Price Regulation Thesis Defense by Slidesgo.pptx
Housing Price Regulation Thesis Defense by Slidesgo.pptx
 
Real Estate Finance and Investments (2019).pdf
Real Estate Finance and Investments (2019).pdfReal Estate Finance and Investments (2019).pdf
Real Estate Finance and Investments (2019).pdf
 
Cheap Rate ✨➥9582086666▻✨Call Girls In Gurgaon Sector 1 (Gurgaon)
Cheap Rate ✨➥9582086666▻✨Call Girls In Gurgaon Sector 1 (Gurgaon)Cheap Rate ✨➥9582086666▻✨Call Girls In Gurgaon Sector 1 (Gurgaon)
Cheap Rate ✨➥9582086666▻✨Call Girls In Gurgaon Sector 1 (Gurgaon)
 
Bptp The Amaario Launch Luxury Project Sector 37D Gurgaon Dwarka Expressway...
Bptp The Amaario Launch  Luxury Project  Sector 37D Gurgaon Dwarka Expressway...Bptp The Amaario Launch  Luxury Project  Sector 37D Gurgaon Dwarka Expressway...
Bptp The Amaario Launch Luxury Project Sector 37D Gurgaon Dwarka Expressway...
 
Low Rate ✨➥9711108085▻✨Call Girls In Majnu Ka Tilla (Mt) (Delhi)
Low Rate ✨➥9711108085▻✨Call Girls In Majnu Ka Tilla (Mt) (Delhi)Low Rate ✨➥9711108085▻✨Call Girls In Majnu Ka Tilla (Mt) (Delhi)
Low Rate ✨➥9711108085▻✨Call Girls In Majnu Ka Tilla (Mt) (Delhi)
 
construction material procurement in India
construction material procurement in Indiaconstruction material procurement in India
construction material procurement in India
 
Kalpataru Exquisite Wakad Pune E-Brochure.pdf
Kalpataru Exquisite Wakad Pune  E-Brochure.pdfKalpataru Exquisite Wakad Pune  E-Brochure.pdf
Kalpataru Exquisite Wakad Pune E-Brochure.pdf
 

Featured

How Race, Age and Gender Shape Attitudes Towards Mental Health
How Race, Age and Gender Shape Attitudes Towards Mental HealthHow Race, Age and Gender Shape Attitudes Towards Mental Health
How Race, Age and Gender Shape Attitudes Towards Mental Health
ThinkNow
 
Social Media Marketing Trends 2024 // The Global Indie Insights
Social Media Marketing Trends 2024 // The Global Indie InsightsSocial Media Marketing Trends 2024 // The Global Indie Insights
Social Media Marketing Trends 2024 // The Global Indie Insights
Kurio // The Social Media Age(ncy)
 

Featured (20)

2024 State of Marketing Report – by Hubspot
2024 State of Marketing Report – by Hubspot2024 State of Marketing Report – by Hubspot
2024 State of Marketing Report – by Hubspot
 
Everything You Need To Know About ChatGPT
Everything You Need To Know About ChatGPTEverything You Need To Know About ChatGPT
Everything You Need To Know About ChatGPT
 
Product Design Trends in 2024 | Teenage Engineerings
Product Design Trends in 2024 | Teenage EngineeringsProduct Design Trends in 2024 | Teenage Engineerings
Product Design Trends in 2024 | Teenage Engineerings
 
How Race, Age and Gender Shape Attitudes Towards Mental Health
How Race, Age and Gender Shape Attitudes Towards Mental HealthHow Race, Age and Gender Shape Attitudes Towards Mental Health
How Race, Age and Gender Shape Attitudes Towards Mental Health
 
AI Trends in Creative Operations 2024 by Artwork Flow.pdf
AI Trends in Creative Operations 2024 by Artwork Flow.pdfAI Trends in Creative Operations 2024 by Artwork Flow.pdf
AI Trends in Creative Operations 2024 by Artwork Flow.pdf
 
Skeleton Culture Code
Skeleton Culture CodeSkeleton Culture Code
Skeleton Culture Code
 
PEPSICO Presentation to CAGNY Conference Feb 2024
PEPSICO Presentation to CAGNY Conference Feb 2024PEPSICO Presentation to CAGNY Conference Feb 2024
PEPSICO Presentation to CAGNY Conference Feb 2024
 
Content Methodology: A Best Practices Report (Webinar)
Content Methodology: A Best Practices Report (Webinar)Content Methodology: A Best Practices Report (Webinar)
Content Methodology: A Best Practices Report (Webinar)
 
How to Prepare For a Successful Job Search for 2024
How to Prepare For a Successful Job Search for 2024How to Prepare For a Successful Job Search for 2024
How to Prepare For a Successful Job Search for 2024
 
Social Media Marketing Trends 2024 // The Global Indie Insights
Social Media Marketing Trends 2024 // The Global Indie InsightsSocial Media Marketing Trends 2024 // The Global Indie Insights
Social Media Marketing Trends 2024 // The Global Indie Insights
 
Trends In Paid Search: Navigating The Digital Landscape In 2024
Trends In Paid Search: Navigating The Digital Landscape In 2024Trends In Paid Search: Navigating The Digital Landscape In 2024
Trends In Paid Search: Navigating The Digital Landscape In 2024
 
5 Public speaking tips from TED - Visualized summary
5 Public speaking tips from TED - Visualized summary5 Public speaking tips from TED - Visualized summary
5 Public speaking tips from TED - Visualized summary
 
ChatGPT and the Future of Work - Clark Boyd
ChatGPT and the Future of Work - Clark Boyd ChatGPT and the Future of Work - Clark Boyd
ChatGPT and the Future of Work - Clark Boyd
 
Getting into the tech field. what next
Getting into the tech field. what next Getting into the tech field. what next
Getting into the tech field. what next
 
Google's Just Not That Into You: Understanding Core Updates & Search Intent
Google's Just Not That Into You: Understanding Core Updates & Search IntentGoogle's Just Not That Into You: Understanding Core Updates & Search Intent
Google's Just Not That Into You: Understanding Core Updates & Search Intent
 
How to have difficult conversations
How to have difficult conversations How to have difficult conversations
How to have difficult conversations
 
Introduction to Data Science
Introduction to Data ScienceIntroduction to Data Science
Introduction to Data Science
 
Time Management & Productivity - Best Practices
Time Management & Productivity -  Best PracticesTime Management & Productivity -  Best Practices
Time Management & Productivity - Best Practices
 
The six step guide to practical project management
The six step guide to practical project managementThe six step guide to practical project management
The six step guide to practical project management
 
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
Beginners Guide to TikTok for Search - Rachel Pearson - We are Tilt __ Bright...
 

Types of Real Estate Agency Appointments- Real Estate Law for Diploma in Real Estate exam Malaysia

  • 1. REAL ESTATE LAW (D08) MALAYSIA Types of Agency Appointments EXCLUSIVE AGENCY • Instruction from a Principal to a single Estate Agent to act on his behalf. • Principals may make introduction but leave the closing of the transaction to the EA • Principals must pay the appointed EA the agreed fee even if the EA was not effective in the cause of the transaction SOLE AGENCY • A single Estate Agency was engaged. • The principal may close deal by himself and not obliged to pay the EA his agent fee if the EA was not effective in the cause of tranx • Principal can choose to make a discount in fee on an arrangement made. SOLE JOINT AGENCY • The EA works together with the Principal as a team the the fee is divided on a pre-agreed formula. • The principle has the flexibility to compensate additional estate agent and at the same time maintain the advantage of having one EA in control JOINT AGENCY • Where more than one Estate Agent is appointed and only the one who closes the deal get paid the agent fee • The no of E A appointed is limited and each is aware of the appointment of the others AD HOC BASIS / OPEN LISTING • Principal can engage an unlimited number of EA on an ad-hoc basis • Fees are paid only on successful conclusion of EA trax.
  • 2. Client’s Account –Open, Maintained, Operation and Consequences Refer to MAAS, Std 8 & VAAEA Rules 1986 Part Viii Rules 49-61 A client’s account is: a) Current account open in the name of the registered firm at a bank in while the title contains the word ‘client’ b) Separate account open in the name of the person designated in writing by the principal which the registered firm has power of withdrawal on the signature of the sole proprietor, partner or other authorised person connected with the registered firm.
  • 3. Client’s Account –Open, Maintained, Operation and Consequences MAS Scheduled 8 2. A client’s account is necessary and should be opened. a) As there is a need for the registered firm to be accountable for the money belonging to client received on behalf which registered firm is acting as the stakeholder. b) The purpose of maintaining a client’s account is to ensure that the monies entrusted to registered real estate agent are: i) Paid into a separate designated account ii) Properly recorded in the accounts maintained by the REA iii) Properly monitored
  • 4. Client’s Account –Open, Maintained, Operation and Consequences 3. The client account should be maintained and operated as follows: a) A registered firm that holds money must keep at least one client’s account. b) Where the registered firm holds/ received a chq/ banker’s draft/ money order which include client’s money, it shall pay such che/ draft/ money order into the relevant client’s account. c) All interest accrued in the client’s account is to be accounted to the client. d) It is mandatory for a client’s account to be insured with a professional indemnity insurance. e) No money other than the monies which the firm is required to pay into the clients ‘account. f) No money shall be drawn from the client’s account except; i) When required to pay to or on behalf of the client ii) Reimbursement of monies expended by the registered firm on
  • 5. Client’s Account –Open, Maintained, Operation and Consequences 4. Every registered firm shall keep proper books and records to show its dealing with: i) All client’s money received, held/ paid by it ii) Any other money dealt with by it through a client’s account. iii) A register of all client’s accounts must be maintained iv) Once in each period of 12 mths, a registered firm shall delivery to the Boart no later than 6 mths after the end of the accounting period to which it relates: v) A certificate as prescribed in 8th Scheduled signed by the registered agent that during the accounting period covered, it did/ did not received / hold client’s money and vi) If it did, an auditor’s report issued by a firm of recognised professional auditors in the form prescribed in the 8th schedule relating to the accounting period.
  • 6. Consequences of EA Failing to Maintain a client’s account 1. A Registered Estate Agent shall be held jointly and severely liable for any contravention of any provision of VAAEA Act 1981. 2. Unless he can prove that he has taken all steps as may be reasonable to ensure that such contravention shall not be committed he may declare free of liability for such contravention.
  • 7. Consequences of EA Failing to Maintain a client’s account BOARD sends a Notice of Complaint to the EA May For refer matter to misconduct concerning to: professional misconduct of the EA: i) Complaints Investigation Committee (CIC) ii) CIC investigates iii) CIC makes report iv) CIC send report to the Board v) If Board decides a prima facie case is present, will refer to Disciplinary Board. vi) EA has to give an intention to appear/ reply to charges within 21 days of receipt of Notive of Complaint from Board vii) Disciplanary Board to meet after Registrat appoints time, date, place viii) EA is entitled to appear before the Board a) To explain/ rebut withnesses either by writing/ in person otherwise Board can elect to proceed without any further reference to the EA b) Board can decide to either dismiss the charges or
  • 8. Consequences of EA Failing to Maintain a client’s account Board can make an order to: For i) Cancel matter EA’s registration concerning by removal professional of his name misconduct from register of the EA: ii) Suspend his practice < 3 years iii) Admonish him and record in Register iv) Adminish him or impose fine of < 5k / both. With no record in Register v) Fine 10K and record such fine in Register and that he is suspended from practice until such fine is paid.
  • 9. Can’t account for monies to client 1. The firm is liable to make good the monies to the client, either personally/ through an insurer (i.e. professional indemnity insurance) 2. The REA can within 30 days of being notified of the order may make an appeal to Appeal Board.