Malaysia legislation
Section 22C
Section 22C
(a)
practise 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”, “Real
Estate Agency Consultant”, 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;
(aa) carry on business or take up employment as an estate agent;
(b)
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;
(ba) 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 practising and residing in Malaysia on behalf of a principal or an estate agent practicing or residing outside
Malaysia;
34 Laws of Malaysia ACT 242
(c)
undertake any of the work specified in section 22B; or
(d)
be entitled to recover in any court any fees, commissions, charges or remuneration for any professional advice or services rendered as an estate agent.
(2)
Notwithstanding subsection (1)—
(a)
an owner of any land, building and any interest therein may sell or rent or lease or sublease, or offer to sell or rent or lease or sublease, such land, building and interest;
(b)
a licensed auctioneer may sell or offer to sell any land, building and any interest therein by public auction;
(c)
a holder of a power of attorney in respect of any land, building and any interest therein, acting gratuitous and for no commission, fee, reward or other consideration, may sell, purchase or rent, or offer to sell, purchase or rent, such land, building and interest;
and
(d)
a negotiator may assist the registered estate agent in the estate agency practice.
(2A)
For the purpose of paragraph (2)(d), “negotiator” means a person who is employed by a registered estate agent to assist him in the estate agency practice.
(3)
The provisions relating to estate agency practice in subsections (1) and
(2)
shall apply mutatis mutandis to a firm.
Qualifications for registration of estate agents and probationary estate agents