Judith - Slides For IQI RENs

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SPEAKER PROFILE

1985 : 15 years (1985-1999) with HSBC Malaysian Management Office (HQ)


2000 : Entered real estate after successful VSS from HSBC
2004 : Diploma in Estate Agency
2007 : Registered Real Estate Agent
2009 : Established practice in Mont Kiara
2012 : MIEA Councilor (2012-2014) with recognized achievement of
increasing membership by more than 100% in 2 years
2013 : Produced MIEA National Top Residential Sales Person of the Year
2015 : Produced MIEA National Top Residential REN of the Year
JUDITH NG (E1909) 2015 : MIEA Internal Auditor (2015 - current)
Resident Manager, IQI Sri Hartamas
Diploma in Estate Agency (2004) 2015: MBA in Building & Facilities Management (OUM)
MBA – Bldg & Facilities Mgmt
(OUM, Mal, 2015) 2017: MIEA Accredited Trainer
2018 : Resident Manager of IQI Realty Sdn Bhd, Sri Hartamas Branch
Real Estate
Professionally
JUDITH NG
1. The Acts & The Rules
1986 Act of Parliament covers Valuers, Estate Agents &Property Managers

2. THE MINISTRY OF FINANCE


Board of Valuers, Appraisers, Estate Agents & Property Managers
( THE BOARD )

3. MEAS CODE OF ETHICS

Malaysian Estate Agency Standards


JUDITH NG
1. The Malaysian Estate Agency Standards
(MEAS)

Standard 2 – REN Definition and Compliant


2.1.1 Real Estate Negotiators are salespersons who play a vital role in real estate agency
transactions
2.1.3 Negotiators are to conduct practice of estate agency in full compliance with the
provisions of the Act, the Rules, Standards, Guidelines and decisions of the Board.
2.1.4 Any offences or wrong-doings committed by the RENs shall be recorded by the
Board in the Record of Complaints
2.1.5 In any disciplinary actions, Negotiators may be called in to attend the Complaint
Investigation Committee (CIC) enquiries
2.1.6 The Board reserves the right to cancel, suspend or refuse certifications to any REN
based on grounds of non-compliance.

JUDITH NG
1. The Malaysian Estate Agency Standards
(MEAS)

Standard 2 - Duties & Responsibilities of a REN


2.2.1.1 To list, market and negotiate, the terms and conditions of sale, purchase, let or lease
of properties
2.2.1.2 To assist prospective parties to procure, rent or lease properties
2.2.2.2 RENs must be registered with the Board via the firm, the Board will issue a tag which
must be worn by the Negotiators at all times
2.2.2.3.2 RENs are to be employed on a full-time basis & shall work for only one firm
2.2.2.6 RENs shall be trained and have the competency & skills to represent the firm
professionally
2.2.3.1 RENs do not sign any contractually binding document on behalf of the estate
agency firm including offer letter, engagement letter, co-agency letter and flyers

JUDITH NG
Common Mistakes

Misrepresenting
Misleading
Conflict of Interest/Personal Interest
Non-Disclosure/Concealment of Facts
Advertising/Soliciting (Std 6)

JUDITH NG
Types of Agency Engagements – Standard 3

 Exclusive Agency
 Sole Agency
 Joint Agency
 Ad Hoc / Open Listing

3.3.2 You are required to explain the differences between the various
types of agency engagements and its implications

JUDITH NG
Estate Agency Fees - Standard 4

 Professional Agency Fees chargeable

 Refund - in the event of excess after agency fees

 Refund - in the event of Abortive Deal

JUDITH NG
Advertising/Marketing – Standard 6

6.1.1 Advertisements should be done professionally and tastefully and should not
misrepresent or mislead the public as to the facts of the property
6.2.2 All forms of electronic advertisement shall contain the
6.2.2.1.1 Agency Name, Registration No. (E-number) and office telephone nbr
6.2.2.1.2 Name, mobile number, REN certification or PEA/REA registered nbr
6.2.3 Newspaper advertisement shall, at minimum, contain
Agency Registration No. and Office telephone nbr
REN certification or PEA/REA Registered No.
6.2.7 Flyers shall contain
6.2.7.2.1 Agency name, address, registration number and office telephone nbr
6.2.7.2.2 REN name, mobile number, certification/ PEA/REA Registered No.
JUDITH NG
Co-Agency – Standard 7

 7.2.2 Period of Co-Agency to be specified


 7.2.3 Do not solicit for same listing during the period
 7.2.4 Listing Agent authorized by Client to be stakeholder shall hold the
Earnest Deposit, unless agreed in writing by client.
 7.2.5 Standard fee sharing 50:50 unless otherwise agreed
 7.2.6 Abortive deal – 50% : (Listing Agent 25% : Co-Agent 25%)
 7.3.2.3 Do not advertise property without Listing Agent’s agreement
 7.3.2.6 If listing firm has already shown property to spouse/relatives/proxy
of buyer or tenant, Co-Agent shall NOT be entitled to fee, unless
disclosed and agreed

JUDITH NG
Client’s Account - Standard 9

STAKEHOLDER for
 Earnest Deposits
 Full Payment eg for Tenancy

EXPENSES
REIMBURSEMENTS
REFUND

JUDITH NG
A Professional

IQI REN
JUDITH NG
2. A Professional IQI REN
Attitude Matters

Your personal attributes

 Integrity
 Honesty
 Loyalty
JUDITH NG
2c. The Successful YOU

 Self Discipline
 Confidence
 Passion
 Motivation
JUDITH NG
Procedures &
Understanding
Documents

JUDITH NG
Why is Proper Documentation important?

Purpose & Benefits


 Clear Instruction
 Accurate Information
 Avoid potential problems
 Evidence/Mitigation in Disputes
 Create Database
 Proper Recording for future
references

JUDITH NG
Types of Document

1. Letter of Appointment to Act


2. Letter of Confirmation of Offer (to RENT or PURCHASE)
3. Owner Authorisation Letter to Representative / PA
4. Fact Sheet
5. Viewing Forms
6. Inventory List
7. Mutual Undertaking Letter for Abortive Deal/Agreement to release ED
8. Undertaking Letter to pay Agency Fees
9. Co-Agency Letter

JUDITH NG
PROCEDURES

1. Get appointed – Types of Appointment & Agree on Commission


2. Understand & Respect terms/conditions of appointment
3. Adhere to Guidelines on banners, flyers, advertising
4. Respect Co-agency arrangement
5 Collect earnest deposits and bank in immediately
6. Get owner confirmation immediately
7. Follow-up, refund, claims

JUDITH NG
Mode of Payment

 By Cheques
 By Cashier’s Order/banker’s Cheque
 Online Transfer
 Via ATM Deposits or Transfer
 Direct Deposit at Bank Counters

 DO NOT ACCEPT CASH

JUDITH NG
5. LEGISLATION

 OWNERSHIP & TITLES


 PURCHASE BY FOREIGNERS
 LEGAL FEES, STAMP DUTIES & TAXES
 DOCUMENTS REQUIRED
 BANK LOANS

JUDITH NG
Understanding Land Registration - Title

Ownership & Title


 Name of Owner/s
 Address of Property/Lot number – check layout plan
 Tenure
 Size
 Restriction / Syarat-syarat Nyata (Category of Land use)
 Expressed Condition / Sekatan-sekatan kepengtingan (Tanah ini..)
 Encumbrances
 Probates & Letter of Administration

JUDITH NG
Title
Front page

Freehold or
Qualified Title
Lease Expiry Date

Size
Mukim Category of Land Use
Purpose

Restriction of use

Expressed Conditions
Tanah ini tidak boleh….

JUDITH NG
Title
Back Page

Ownership

Encumbrances
Chargee
Caveat

JUDITH NG
Foreign Purchasers
What kinds of properties can Foreigners buy?

Foreigners can have 100% ownership of any property subject to State Authority Approval
including a bungalow, terrace house, condominium, landed property, studio unit,
commercial property, industrial property and agriculture land in Malaysia as long as
minimum requirements are met

Except:
 Properties valued less than RM1million or any amount set by respective land office
 Low and medium cost residential
 Bumiputra quota allocation
 Malay Reserved Land and properties built on MRL

JUDITH NG
STATE MINIMUM THRESHOLD FOR FOREIGN RESIDENTIAL PROPERTY PURCHASE WITH MM2H

WPKL, Putrajaya
Trengganu, Pahang,
RM1 million RM1 million
Negeri Sembilan
RM2 million (for zone 1 & 2) RM2 million (for zone 1 & 2)
RM1 million (for Zone 3)
Selangor Zone 1 – Petaling, Gombak, Hulu Langat, Sepang & Klang RM1 million (for Zone 3)
Zone 2 – Kuala Selangor & Kuala Langat
Zone 3 – Hulu Selangor & Sabak Bernam

RM2 million (landed property in international zone)


Johor RM1 million (strata title & landed properties within non-international zones, RM1 million
except for Medini)

Kelantan & Sabah RM1 million RM500,000


Perak RM1 million RM350,000
Kedah RM600,000 (Kedah)
RM1 million (Langkawi) No Minimum
Perlis RM500,000 RM1 million
Sarawak RM500,000 RM300,000
Penang RM2 million (Island) RM350,000
RM1 million (mainland)
Melaka RM1 million (landed title) RM1 million (landed title)
RM500,000 (strata title) RM500,000 (strata title)
JUDITH NG
Legal Fees, Stamp Duties & Taxes

TENANCY SALE
 Legal Fees (OR Admin Fees)  Legal Fees for
1. Tenancy Agreement 1. Sales & Purchase Agreement
2. Loan Agreement
 Stamp Duties on
1. Tenancy Agreement  Stamp Duties on
1. Memorandum of Transfer
2. Loan Agreement
JUDITH NG
Stamp Act, 1949

Stamp Duty for Memorandum of Transfer


Stamp Duty for Tenancy Agreement
 First RM 100,000 : 1%
 Rental Amount (RM) x 12 months RM 100,001 to 500,000 : 2%
less M2,400 / RM250 RM 500,001 to 1,000,000 : 3%
 Above RM1 mio : 4%
Stamp Duty for Loan Agreement
 Loan amount (RM) x 0.5%
Note: 1st time buyer for properties priced
RM500,000 below gets exemption for the first
+ RM 10.00 per copy. RM300,000

JUDITH NG
Real Property Gains Tax (RPGT)

RPGT Rates from Individuals Companies Individuals


01 Jaunary 2019 (Citizens & PRs) (Foreigners)
Disposal in the 1st year 30% 30% 30%
Disposal in the 2nd year 30% 30% 30%
Disposal in the 3rd year 30% 30% 30%
Disposal in the 4th year 20% 20% 30%
Disposal in the 5th year 15% 15% 30%
Disposal in the 6th year & beyond
(based on valuation @ year 2013) 5% 10% 10%

JUDITH NG
Property sector stimulation - Penjana
Short-Term Economic Recovery Plan
Announcement: June 05, 2020

1. Home Ownership Campaign (Purchase from Developer)


 SPA SIGNED BETWEEN JUNE 1 2020 TO MAY 31 2021

 RESIDENTIAL HOMES PRICE RM300,000 – RM2.5 MILLION

 Stamp Duty Exemption on MOT & Loan Agreement

 Stamp Duty on MOT Exemption up to RM1million

 Stamp Duty on Loan Agreement FULLY Exempted

 10% Discount from Developer

2. Real Property Gains Tax (RPGT) EXEMPTIONS


 Disposal of Residential Properties by Malaysian individuals

 Between June 1, 2020 to December 2021

 Limited to 3 properties per individual

3. Financing
The 70% margin of financing limit for the 3rd housing loan onwards for property valued at RM600,000 and
above will be lifted during the HOC period, subject to the financial institution's internal risk management.
SALES PROCEDURE

 Sign confirmation letter


 Earnest Deposit 3%
 Sign SPA within 14 working days + Pay 7%
 Claim commission
 Buyer apply loan
 Pay differential sum + balance amount
 Or extent for 30 days
 Hand over

JUDITH NG
TENANCY PROCEDURE

 Sign confirmation letter


 Earnest Deposit 1 month of rental
 Follow-up on matters discussed
 Prepare Inventory List
 Collect Security + Utility Deposits
 Sign Tenancy Agreement
 Handover
 Electricity and Water Meter reading
 Inventory List

JUDITH NG
Purchaser/Tenant - Documents
Required (for Signing of Agreement)

Individual Company
 Photocopy of I/C or PP  SSM Registration
 M&A
 Income Tax Ref/Branch
 Form 24 & 49
 Estate Agent’s Letter  Directors’ NRIC

 Purpose of Transaction  M & A of company


 Income Tax Ref/Branch
 Employment Info
 Estate Agent’s Letter

JUDITH NG
Vendor - Documents Required
(Sales & Purchase Agreement)

VENDOR
 Photocopy of I/C
 Income Tax Ref/Branch
 Latest Quit Rent Receipt
 Latest Assessment Receipt
 Copy of Loan Agreement/Assignment of Charge
 Copy of title with Vendor’s name
 Copy of S&P between
 i) Developer & Vendor (property without title eg apartment/condo)
 ii) Current Vendor & Previous Vendor/Developer (for property with title)
 Copy of latest electricity, water and sewerage receipts, if available
 To submit CKHT 1A within 60 days of SPA

JUDITH NG
Purchaser - BANK LOAN APPLICATION

Individual
Company
1. Photocopy of I/C 1. SSM Registration
2. Latest 6 months salary slip 2. M & A of company
3. Latest 2 years Form B or Form BE 3. Business Registration (Form B & D) or Form 24 & 49
4. EPF Statement 4. Photocopy of Directors’ NRIC
5. Employer’s confirmation letter 5. Audited Accounts
6. S&P Agreement or booking receipts 6. Latest 6 months bank statement
7. Latest 6 months bank statement 7. S&P Agreement or booking receipts

8. Proof of savings (if applicable) 8. Photocopy of Title

9. Photocopy of Title

JUDITH NG
The Real Estate Profession

Thank You.
All The Best
&
See you at
the Top!
JUDITH NG

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