Professional Documents
Culture Documents
Ip Kamal Edit
Ip Kamal Edit
The Real Estate profession comes under the purview of the purview of the Ministry Of
Finance and is regulated by The Board of Valuers, Appraisers and Estate Agents, Malaysia
and governed by the Valuers, Appraisers and Estate Agent Act 1981 (Act 242) & Rules 1986
and also the Malaysia Estate Agency Standards (MEAS).
The primary function of The Board Valuers, Appraisers and Estate (BOVEA) is to regulate
the Valuers, Appraisers and Estate Agents practicing in Malaysia. Other functions of BOVEA
are:
i. To keep and maintain the registration of Valuers, Appraisers and Estate Agents,
Probationary Valuers and Probationary Estate Agents and firm of Valuers, Appraisers
and Estate Agents.
ii. To approve and reject disciplinary proceedings.
iii. To conduct examination.
iv. To prescribe Scale of Fees.
v. To hear and determine dispute relating to the professional conduct or ethic of Valuers,
Appraiser and Estate Agents.
vi. To regulate the professional conduct/ ethics of Valuers, Appraisers and Estate Agent
and to set standards of professional practice.
vii. To award scholarships.
Estate Agent is a person whose name has been entered under Part III of the Register and to
whom an Authority of Practice has been issued by the Board of Valuers, Appraisers & Estate
Agents under Section 16 of the Act.
The diagram below shows the process of setting up a registered estate agency firm (which
will be explained in detail 1.1 to 1.3). A person needs to register as an estate agent with
BOVEA in order to set up estate agency firm. The registration of the firm shall be done with
SSM and BOVEA.
On Passing of the
TPC, May Register
Test of With BOVEA
Proffesional Step 5
Register As A Competence
Prohibitary Estate (TPC)
Pass The Part 1 & Agent Step 4
2 of Diploma In Step 3
Estate Agent
Possess Examination
Relevant Step 2
Entry
Requirement
s Required
Step 1
After passing Part 1 and Part II of The Estate Agent Examination, a candidate shall register as a Probationary
Estate Agent and must at all-time be employed on a full time basis in an Estate Agency Firm or Establishment
approved by the Board , undergo 2 year approved post qualifying practical training and experience in
Malaysia, under the mentorship of a Registered Estate Agent; and thereafter, apply to sit for the Test of
professional Competence (TPC) which include an oral interview.
Application & Declaration is made through Form B1, (Probationary Estate Agent ).
Fees involved : RM 100.00 for resignation (Form B1)
RM 50.00 for possessing (TPC EA 1/96)
The form to be completed to register as a Probationary Estate Agent is Form B1 and TPC EA /96 with a
processing fee of RM 100.00 for registration (Form B1) and RM 50.00 for processing (TPC EA /96).
(Refer to appendix 1.1 & 1.2)
Before a candidate can apply to sit for the Test Of Professional Competence (TPC), there are a few
procedures involved:
The successful candidate has to maintain a Work Diary purchased from the Board
and shall record it from the date of admission as a candidate for the TPC. Experience
gained before registration for the TPC would be excluded.
Entries in the diary must be described clearly and concisely the actual work done in
accordance with the area of approved professional experience such as: (Refer
Appendix 2.3)
Sale and Purchase of residential, commercial, industrial and agriculture property;
Tenancies/leases of marketing of property for sale /rent.
The diary must be signed weekly by the candidate and the Registered Estate Agent,
being the mentor for the candidate. After completing the 1st year of recording, the
candidate is required to submit to the Board for evaluation and similar procedure to
be adopted after recording 2nd year Work Diary.
Task 1:
Task 2:
A candidate is also required to prepare and submit two (2) Written Practical
Tasks. These tasks are intended to test the candidate’s ability at report
writing, logical expression, professional judgment and ability at report writing,
logical expression, professional judgment and ability to be objectively critical
of a project undertaken personally by the individual candidate.
a. Task I – Prepare a report showing step by step the agency process for
sale of a property that the candidate sold from the date of listing of
property until its final transaction.
b. Task II – Prepare a marketing proposal to market the sale of a high
rise building or a mixed housing development.
Fees involved : RM 200.00 should be submitted 1 month before the date of the TPC
interview (i.e. by 15th of the month)
Role of Negotiator
The Board of Valuers, Appraisers and Estate Agents Malaysia Negotiator recognizes
Negotiators as salesperson who are not given explicit recognition engaged by estate agents
in their practice of estate agency under their immediate direction and supervision.
Hence, negotiators are not authorized to act independently of estate agency firm and when
in doubt, members of the public are advised to check with the Board or the estate agency
firm concerned. Negotiators can only work for one estate agent at any one time and on full
time basis only.
Registered Real Estate Agent and their registered negotiators are required to carry an
official identification tag from May 1, 2014 to distinguish them from bogus agents.
The Board has been carrying out nationwide publicity campaigns to educate the public and
potential clients to always ask for the real estate negotiator’s ID tag before conducting a deal
to distinguish between legal and illegal negotiators and the public can scan the code to
check whether the real estate negotiators and the public can scan the code to check whether
the real estate negotiator is registered and are advised to lodge a report to the board if the
negotiators is not registered.
The tags are not a licensing exercise but a form of registration by the board as the
negotiators would be held accountable for their actions through their respective supervising
registrants (registered real estates). The new identification system is meant to raise the real
estate agent industry’s standard apart from increasing public confidence in the real estate
players.
The registration also improves the professionalism and accountability of all negotiators in the
industry. The ID tags are available only to registered agents and their negotiators. It’s
contain the negotiator’s full name, identification card number, nickname, negotiator number,
name of company, card expiry date and quick response (QR) code. Those using the service
of a negotiator could scan the QR code on the person they are dealing with. The public can
scan the code to check whether the real estate negotiator is registered and are advised to
lodge a report to the board if the negotiator is not registered.
The new identification system is aimed to wedding out illegal players in the real estate
industry and increase public confidence in the profession. The registration and identification
exercise will also exercise will also minimize the number of illegal agents who may be
involved an unhealthy practices which mars the credibility of the profession.
Under Section 30 of the Act, Real Estate Valuers, Appraisers and agents who commit an
offence are liable to fine not exceeding RM 300.00 or imprisonment not exceeding there
years or both upon conviction.
The Malaysia Estate Agents Standard (effective 1st June 2015) states the following:
Standard 2.2.14 the estate agent shall maintain a register of all his RENs with details
including the date of employment/engagement, mobile phone number(s) and the date of
registration or termination. The Board shall be notified of any changes in the status within 2
weeks from the date of such occurrence.
Standard 2.2.16 the estate agent shall ensure that all RENs employed/engaged by him must
be register with the Board via the firm and the Board shall issue the REN with a name tag
which must be worn at all times during the course of doing business.
Standard 2.2.17 the estate agent shall ensure that RENs terminated by the Firm or wishing
to leave the firm shall surrender his tag to the firm and the Board shall be notified in writing
of such termination/resignation immediately.
Standard 2.2.18 states that an estate agent who engages any REN(s) who has left his
previous company must apply afresh to the Board with prescribed fees.
Negotiator Registration Process
The real estate negotiator is required to check the following updated institution which is
approved by the Board to provide the 2 days negotiators course in accordance with the
latest Circular issued by the Board:
The REN is required to choose the desired institution and fill up the necessary forms
provided by the individual institution to register for the 2 day course and pay a fee of
RM600.00 which includes registration, lecturers, materials coffee breaks and lunch. A
certificate of attendance upon completion of the 2 days course will be issued.
(Refer appendix 1.5)
The Contents of the Day Negotiator Course are as follow:
The following is an example of Schedule for the Real Estate Negotiator's Course:
I. Application Form
II. NRIC size photo with a white background
III. Photocopy of NRIC
IV. Employment Letter with a Real Estate Firm
There are three (3) different types of business entities to choose from:
For the purpose of this project, we will exclude Berhad company from our discussion.
1.3.2 Enterprise (Sole Proprietorship & Partnership)
The process of setting up an enterprise for both sole proprietorship and partnership is the
same. The only difference in a partnership is that one cannot choose to use his/her name
as per the identity card as a business name.
Trade name -
Personal or trade Owner or one of
Submit RM60 per year
Name
name - sole Formthe
A partners can PayPersonal Name -
Search
proprietorship withsubmit RM30 per year
Registrati
Trade name -
(SSM) copyCopy
of IC of each on Fees
Branch(s) - RM5
partnership ICpartner(s) per year for each
branch
In this chapter, we will discuss the process involved in setting up of a Sendirian Berhad
company which will be the chosen business entity of our agency, KL Utara Sdn Bhd. The
formation of the Sendirian Berhad Company will be done by a company secretary who is
appointed by the company itself.
Copy of
Director IC
Form 6, 48A,
M&A
Name SearchForm(SSM)24, 44,
49
Documents Preparation
Form 48A
Stamping at Commssion of
Oath Memorandum
of Associate
A name search must be conducted to determine whether the proposed name of the
company is available. Refer to Government Gazette No. 716 dated 30 January 1997,
Gazette (Amendment) dated 11th October 2001 Guidelines for Naming a Company and
Guidelines for Application of a company Name. The steps involved are as follows:
Incorporation Documents (as explained below) must be submitted to SSM within 3 months
from the date of approval of the company's name by SSM, failing which a fresh application
for a name search must be done.
The subscribers to the company's shares shall sign he Memorandum and Articles of
Association in front of a witness. Table A of the Fourth Schedule in the CA can be adopted
as the Article of Association of the company (Section 30 CA).
Note: For incorporation of a private company, the articles of association shall contain the
following stipulations:
c) Form 6 (Declaration of Compliance) This declaration states that all the requirements of the
CA have been complied with. It must be signed by the company secretary who handles the
registration and is named in the Memorandum and Articles of Association.
As stated in Section 5B of Valuers, Appraisers and Estate Agent Act 1951 (Act 242) Rules,
every time who desires to be registered as either a valuations, appraisal or estate agency
must submit the application for to the Registrar. The person who has an Authority to Practice
as an estate agent can only apply for firm registration. The form, known as Form N needs to
be submitted with a processing fee of RM 75.00. This is stipulated in Part B Third Schedule
of Act & Rules - (Refer Appendix 1.9)
Below is the process of registration of the estate agency with Board of Valuers. Appraisers &
Estate Agency for sole proprietor, partnership and corporate company:
Submit Form S
Registrar Notify
(Name Search) Application
Approval
from
Applications pay
Registration Fee
Approval
from BOVEA Yes
In order for the BOVEA to approve the application for registration of Estate Agency firm, the
following criteria need to be fulfilled:
Once approved by Board, Registrar shall notify applicant by ordinary post within thirty (30)
days from the decision date. On receipt of the registration fee (RM500 for corporate
company - Part B Third Schedule), the Registrar shall issue an authority to practice
valuation, appraisal or estate agency as a firm in Form O in the Second Schedule. The form
must be signed by President and the Registrar and sealed with the common seal of the
Board.
1.3.5 REQUIREMENT BY BOVEA IN OPERATING AN AGENCY FIRM/PRACTICE
In this section, we will discuss the requirements by the Board of Valuers, Appraisals and
Estate Agents (BOVEA) in operating an estate agency firm. Our main references in this
chapter are the standard in Malaysian Estate Agency Standards (MEAS).
i. As stated in Standard 2.2.1, every firm including branch or other office of the firm
should operate from proper office.
ii. KL Utara Sdn Bhd has proper office to conduct the business, administration,
training, filling, meeting and market properties for new developers.
iii. Standard 2.2.10 – All offices or branches of the firm must display the practicing
certificate of the firm and that of the managing estate agent as well as the
Certificate of Incorporation of Private Company issued by the SSM – (Refer to
Appendix 1.3 & 1.4)
i. Standard 8.3.1 mentions it is absolutely necessary that the client’s money account
the operating account should be kept separate.
ii. Every estate agent who holds or receives client’s money shall without delay pay
such money into the client’s account.
iii. KL Utara Sdn Bhd’s practice is, any money received by an estate agent or
negotiator has to be paid directly into client’s account within 2 working days.
i. Upon registration, each estate agency firm is required to register with Royal
Customs to obtain service tax license.
COMPANY PROFILE
Directors cum
4 Directors
Shareholders
Company
Mohd Aizzat bin Mohd Salim
Secretary
Paid-up RM 200,000.00
DESCRIPTION OF KL UTARA REALTY PROPERTY COMPANY
As Agents in sales, auctions and leasing, we offer a complete and professional approach to
your real estate requirements.
SALES
PROFESSIONAL
AUCTION LEASING
KL UTARA REALTY Sdn. Bhd. has established in 2015. All directors of KL UTARA REALTY
Sdn. Bhd. were students of Institut Penilaian Negara. The name of KL UTARA REALTY
actually an idea of the combination of two directors which origin from Klang Valley and two
directors which origin from north Malaysia. The business then continued to grow for the
next five years, until it was felt that the agency needed to make the move towards a new
and unique brand.
For now, KL UTARA REALTY Sdn. Bhd. is a real estate agency that specializes and focuses
on doing business in the Klang Valley. The Klang Valley is generally known to be an area of
rapid property development and has high competitiveness by many companies in the Real
Estate sector. Therefore, our company always wants to provide excellent professional
services to lead the sales division to those in need.
KL UTARA REALTY Sdn. Bhd. signifies an energetic and contemporary future in property
services. We like to think different and be different, but we combine that with our
traditional and familiar practices of providing no nonsense, down to earth advice and
service. We offer an advanced and innovative approach towards real estate and how to
market, lease and sell property using new and progressive marketing platforms and
methods, particularly within the ever-expanding digital era of marketing and all that it has to
offer.
At KL UTARA REALTY Sdn. Bhd. we love talking about real estate and connecting with
people from all walks of life. We would invite anyone to drop in, speak to our team and see
what we are all about. Currently, our firm is run and managed by professional and
experienced Registered Estate Agents supported by a large pool of well-exposed property
knowledge and competent staff. We believe in building relations and committed to our
clients with our best and available services at real time.
Knowledge
Strong Professional
Background Approach
Building
Relations
Experience Transparency
Timeliness &
Trustworthness
COMPANY MISSION, VISION AND MOTTO
To be the leading real estate company that manages transformational projects through
innovative thinking and compassionate ways of work.
The mission of DAKS Property Sdn. Bhd. is to provide best-in-class service to our clients. We
operate with well-trained agents and negotiators to execute task professionally and as
accurately as possible. As an agency firm, we provide professional services to our clients
such as listing and dealing of new and resale properties. DAKS Property Sdn. Bhd. is always
motivated and adjusting our ways to improve our quality of service towards our clients and
customers. Our people-orientated organization emphasizes individual opportunity, personal
satisfaction and rewarding challenges to all members of the firm.
DAKS Property Sdn. Bhd.’s motto is “Professional, Competent, and Qualified”. We provide
best-in-class service to our clients and customers in the industry. Our clients and customers
interest will not be compromised in the hands of our qualified agents and negotiators. Our
competent members will be on the tip of their toes to ensure clients and customer’s
satisfaction is met.
1.7 BOARD OF DIRECTOR
MUHAMMAD FIRDAUS
HAZRIQ SHAMEER
MUHAMMAD AIZZAT
HEAD OF MARKETING
1.1 ORGANIZATION CHART OF KL UTARA REALTY SDN BHD
DIRECTOR
HEAD OF BUSINESS
DEVELOPMENT
HEAD OF SALE
NEGOTIATOR
KL UTARA Realty is a company with strength in its very foundation and philosophy. As we travelled through our
accomplishments, we grew stronger by experience and knowledge. We have many strong points which are put
up at the service of the customer:
Years of high-end technical experience and accomplishments blended with effective management are
the core strengths in real estate development. Complete transparency in dealing and management is
what we respect and always want
Highly qualified promoters and team members, long term intensive and extensive experience and a
passion for constant up-gradation has made us find cost-effective techniques and measures for
construction. The cost-effectiveness and timeliness has been passed on to the customers for their
optimum benefit
Our greatest strength is the years of goodwill and a proven track record. Most of our customers
prefer us for their subsequent purchases and would prefer us for any of their real estate requirements
Our goodwill among the banks and financial institutions benefits the customers in smooth flow of
work and formalities.
Our strengths gained during the course of time are all at the service of our customers who can yield value for
money by being associated with us.
We always strive to perform better and better. We have performed well in the past and would also do so in the
future. We do not compromise on quality, even if we are working on multiple or diverse projects. The
successful projects described below testify our consistent performance and we are happy that we have earned
customer loyalty and satisfaction.
45
10
Sales Percentage
20 20
25
35
Sales Percentage
28
10
32
45
Sales Percentage
22
38
25
23
1.11 The Proses Involved In The Appointment Of Estate Agency For The Project
Upon negotiation between KL Utara Realty and developer on proposal of appointment as marketing agent,The
draft agreement shall be prepared
1.11.1 The Data Needs To Be Gathered For The Agency Process For The Project
Upon appointment of KL Utara Realty. agency has gather the data to ensure agency understand and have full
knowledge of the project background.
The data need be gathered as follow
A) Developer’s Detail
- Name of company
- Registered office
B) Project Details
-Name of project
-Lauching Date
-Number of unit
-Type of unit
-Selling Price
-Maintenance Fees
-Legal Costs
-End Financiers
-Floor Plans
B) Period of Appointment
The client to appoint KL Utara Realty as their Exclusive Marketing Agent for a period of twelve (12) months or
when the project is completely sold whichever is the earlier. The appointment may be renewed after expiry of
initial durations,subject of the mutual agreement between client and estate agency.
Any cost and expenses incurred during this appointment relating to advertisement,artworks and productions
costs, including but not limited to direct mail materials, flyers and their distrubutions, stationery and postage
stamps, shall be borne by the client and substantial with invoice by the estate agency when claims are
made,except for the salary of our estate agency’s salesperson.
D)Profesional Fees
The client shall pay professional fees to estate agency at rate five percent (5%) of the purchase price. All fees
are payable at the signing of the sale and purchase agreement.All payment shall be made payable to our client
account under the nama of KL Utara Realty.
E)Abortive Fees
In the event where the sale transactions is aborted before the execution of sale and purchase agreement and
where earnest money of forfeitable deposit is paid, the following professional fees will be charged :
The estate agency shall be entitles to professional fees in the event if the sales are concluded after the
expiration or early termination of the estate agency appointment,with person or a party introduced by the
estate agency during of appointment.
In accordance to the Service Tax Act 1975 (amendment) , a sale tax and service tax of 6% of the estate agency’s
professional fees shall be payable by the client.
H) Collection of Deposit
Estate agency is authorized to collect a deposit up to RM10,000 only ( the Booking Deposit ) from the intended
purchaser which shall be treated as part of the purchase price. The sum is refundable in the event that
purchaser’s housing loan application is rejected by relevant financial institution within fourteen (14) days from
the date of Booking Deposit is paid to us (“ the Grace Period”)
Notwithstanding to the grace period, it is at your discrection to give an extension of seven (7) days from the
expirations of the grace period ( “the extended period’’) to enable purchaser to proceed further to obtain the
housing loan approval from other financial instution
Failure of the purchaser to excute the SPA willfully within the Grace Period and/or within Extended Period , as
the case maybe, whereas the housing loan application favouring the purchaser has been approved by any
financial institution, it is at your absolute right to forfeit the booking deposit.