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Tuesday, October 23, 2007

Owners of Real Estate, Licensed Auctioneers & Power of Attorney Holders Acting Gratuitously May Market Properties in Malaysia

In my earlier post, I touched on Sec 22C(1) relating to the question of "who may legally "offer for sale or invite offers to purchase" properties in Malaysia?"

Now, you ought also to know that the ensuing Section 22C(2) provides exceptions to this restriction to three(3) categories of people.

Section 22C(2) reads:
"Notwithstanding subsection (1) -
(a) an owner of any land, building and any interest therein may sell or rent, or offer to sell or rent, such land, building and interest;
(b) a licensed auctioneer may sell or offer to sell any land, building...by public auction; and
(c) a holder of a power of attorney in respect of any land, building...acting gratuitously 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."


Moot Point: What about an owner of foreign land, building and any interest therein? Is this category also covered or excepted? If so, it means that owners of foreign properties may market them in Malaysia without having to do so through a resident Malaysian registered estate agent.

In my next post, I will blog on the two types of registration involved before a registered estate agent may legally practise real estate agency in Malaysia. I will also show you that a registration under personal name alone does not entitle that registered person to legally practise real estate agency in Malaysia - In other words, freelancing by a registered person without a registered real estate agency firm is not allowed in Malaysia! What does this mean???

STAY CONNECTED for more on real estate agency issues...

Cheers,
Douglas GT Tan

P/s: If you have an opinion, please feel free to share - drinks on me when we meet...;-)

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