Legal Work Attributed to Real Estate Agency - The core legal attribution involves activities considered as estate agency practice, which are regulated under the Valuers, Appraisers, and Estate Agents Act 1981 and the Valuers and Estate Agents Practice Malaysia (VAEAPM) Act. These activities include introducing buyers and sellers, negotiating property transactions, and facilitating property sales or leases ["
RM LINK SDN BHD & ANOR vs DK-MY PROPERTIES SDN BHD & ORS - High Court Malaya Shah Alam
"]. The law explicitly states that estate agency practice must be conducted by registered and authorized individuals or entities; unlicensed practice is illegal and can invalidate agreements ["MY U PROPERTIES SDN BHD vs KELANA KUALITI SDN BHD & ANOR - Session Court Shah Alam
"].Activities Constituting Estate Agency Practice - The activities that fall under estate agency practice are detailed in section 22B(1A) of the VAEAPM Act, which lists specific actions such as marketing, showing properties, negotiating terms, and preparing agreements ["
RM LINK SDN BHD & ANOR vs DK-MY PROPERTIES SDN BHD & ORS - High Court Malaya Shah Alam
"]. The practice includes any act of representing or holding oneself out as an estate agent, provided it involves engaging in activities related to property transactions ["RM LINK SDN BHD & ANOR vs DK-MY PROPERTIES SDN BHD & ORS - High Court Malaya Shah Alam
"].Registration and Licensing Requirements - Only individuals or companies registered under RERA (Real Estate Regulatory Authority) or similar authorities are legally permitted to undertake estate agency work. Registration involves submitting applications, paying fees, and obtaining certificates of registration ["
OVERSEA CHINESE BANKING CORPORATION LTD vs EASTERN AUTO CO LTD - 1960 MarsdenLR 260
"]. Practicing without registration or license constitutes a breach of law and can lead to invalidation of agreements and legal penalties ["MY U PROPERTIES SDN BHD vs KELANA KUALITI SDN BHD & ANOR - Session Court Shah Alam
"].Implications of Unlicensed Practice - Engaging in estate agency activities without proper registration or license is considered a professional transgression that can bar claims for fees or commissions, and such acts are subject to sanctions under the relevant statutes ["
MY U PROPERTIES SDN BHD vs KELANA KUALITI SDN BHD & ANOR - Session Court Shah Alam
"]. Isolated transactions may not constitute estate agency practice unless there is evidence of systematic engagement or holding out as an estate agent ["KUNCI SEMANGAT SDN BHD vs THOMAS VARKKI M V VARKKI & ANOR - Court of Appeal Putrajaya
"].Additional Legal Aspects - The law also governs the conduct of real estate agents under RERA, including registration, obligations, and compliance. The registration process involves submitting necessary documentation and adhering to rules set out by the authority ["File No. F.3(286)RJ RERA P 2017 Suo Moto through Registrar of the Authority Versus Coral Infra Gold Pvt. Ltd. - Real Estate Regulatory Authority"]. Violations, such as practicing without registration or failing to comply with project registration requirements, can lead to penalties, project delays, or orders to refund deposits ["File No. F.3(286)RJ RERA P 2017 Suo Moto through Registrar of the Authority Versus Coral Infra Gold Pvt. Ltd. - Real Estate Regulatory Authority"], ["File No. F.3(286)RJ RERA P 2017 Suo Moto through Registrar of the Authority Versus Coral Infra Gold Pvt. Ltd. - Real Estate Regulatory Authority"].
Analysis and Conclusion:The legal work attributed to a real estate agency primarily involves activities related to property transactions, which are strictly regulated by law to ensure only registered and licensed entities perform such work. Unauthorized practice is unlawful, can invalidate agreements, and attract penalties. The law emphasizes registration, proper licensing, and adherence to statutory procedures for conducting estate agency activities ["
RM LINK SDN BHD & ANOR vs DK-MY PROPERTIES SDN BHD & ORS - High Court Malaya Shah Alam
"], ["RM LINK SDN BHD & ANOR vs DK-MY PROPERTIES SDN BHD & ORS - High Court Malaya Shah Alam
"], ["MY U PROPERTIES SDN BHD vs KELANA KUALITI SDN BHD & ANOR - Session Court Shah Alam
"]. Only authorized persons or entities can legally undertake estate agency practice, and violations have significant legal consequences.
