MALAYSIAN ESTATE AGENCY STANDARDS
STANDARD 3
TYPES OF ESTATE AGENCY
3.1.0 INTRODUCTION
3.1.1 It is important for the client, the estate agent and any other related third party to be aware of the different types of estate agency appointments under which properties are listed, sold, purchased, let or rented through estate agents.
3.1.2 It is equally important that the type of estate agency appointment is agreed between the estate agent and client prior to the estate agency appointment.
3.2.0 STATEMENTS OF STANDARD
3.2.1 Before executing the Letter of Engagement/Appointment, the estate agent shall take reasonable steps to explain and acquaint the client with the types of estate agency appointments and amplify on the differences between the various types of estate agency appointments including its implications and repercussions.
3.2.2 Before accepting an appointment as an exclusive or sole agent, the estate agent shall enquire from the client confirmation as to whether there is any current exclusive or sole agency appointments executed with other firms.
3.2.3 An estate agent upon becoming aware of an exclusive or sole agency appointment with another firm shall work on a co-agency basis in respect of that property with the exclusive or sole agent and not with the client for the duration of the appointment.
3.2.4 When a firm that is not appointed enters into a co-agency arrangement with an appointed firm, the appointment terms of the listing firm shall be respected.
3.2.5 Any listings secured through co-agency shall not be passed to another firm or its branches or subsidiary without the consent of the listing firm.
3.3.0 EXPLANATIONS TO THE STANDARD
3.3.1 For the purposes of 3.2.1 reasonable steps means that at a minimum the firm must explain to the client the differences between the various types of agencies and its implications.
3.3.2 The various types of estate agency appointments are as follows:-
3.3.3 Exclusive Agency
This refers to the instructions from a client to a single firm to act on his behalf. The client may make introductions and will leave the closing of the transaction to the firm. The client must pay the appointed estate agency firm the agreed fee even if the firm was not the effective cause of the transaction.
3.3.4 Sole Agency
In a Sole Agency appointment, a single estate agency firm is engaged. The client may however, wish to reserve the right to market and conclude the deal himself without the services of other estate agency firms. In this instance, the client and the appointed sole agent shall agree on the fee based on a pre-agreed formula.
3.3.5 Joint Agency
This is where more than one estate agent is appointed and only the estate agent who closes the deal gets paid. The number of agents appointed is limited and each is aware of the appointment of the others.
3.3.6 Ad Hoc Basis or commonly referred to as "Open Listing"
The client may engage an unlimited number of firms on an ad hoc basis and fees are paid only upon successful conclusion of the estate agency transaction.
Ref:
Verbatim from Standard 3, MEAS 2014.