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An agent is selling a house. He is a REN not a REA. He is employed by agency but for this house he is selling on his own, not together with the agency because he says house owner is his aunty.... is this permmitted under Malaysia rules?? Since no agency shall I pay deposit direct to owner (his aunty)? He says he will get commission from owner. I am scared if he cheat me.... saya first time house buyer.
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3 Answers

go get a lawyer first so that you can pay earnest deposit to lawyer.it is not etical for the ren to do this but he did not break any rule.if he goes through with agency it is much better as the agency is answerable to this.with a lawyer you can ask your lawyer to place condition so that if loan is not approve you can still get back the deposit Read More
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<en>David</en> <en>Wong Lai Kwong</en>
There is no rule that prohibiting the owner to sell her property either directly or with the help of her relative or friends. The rule only prohibits a third party (including a relative) from acting as an agent or negotiator for the owner and collect earnest deposit personally without being licensed and registered to do so. The REN is answerable to the agency he or she works for as all licensed real estate agencies have their own policies in regards to their RENs selling their own properties or their relatives properties.
You may pay the earnest money directly to the owner provided you are able to verify that
1) she is the sole registered owner of the said property through a title deed search
2) her existing bank loan amount, if any is not more than the sale price
3) the earnest deposit is paid together with a written Letter of Offer stating all the agreed terms of purchase and signed and accepted by the rightful owner.
In the absence of a licensed real estate agency involved to be the stakeholder, it is best to hire a lawyer to do the due diligence and enter straight into a Sale & Purchase Agreement instead of paying the earnest deposit..
I may be contacted at 0193330573  should you need further advise.
Thank you
David Wong
Principal Licensed Agent E2097
QUANTUM REAL ESTATE - E(3)1320 Read More
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