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Dear all Gurus,

I am dealing with a real estate agent in my hometown and I have some questions what to ask :

1) An agent introduce a property to me and I am offering a price lower than the price given to me by an agent, I was told to pay a deposit for making the offer, is that the right procedure by the agent?

2) The property is from a deceased person and it has not transferred to the name of a rightful owner or beneficiaries. There is no court order ready and I was told to get a lawyer and draft an agreement, I am doubt as I am yet to get a confirmation from the Sellers themselves about their willingness to sell their property.

Please help! Thank you
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1 Answer

David Wong Lai Kwong
Ms. Tan,
First and foremost, please deal with a registered real estate agent. You may browse www.lppeh.gov.my for details of the registered real estate agent. Only registered estate agency can collect monies and transact properties and you can have legal recourse if they misappropriate your money. Anyway to answer your questions:-
1. Yes, we do collect the earnest deposit from
buyers, only after obtaining approval and
acceptance from the Seller in regards to the
lower offer price. The deposit is paid to
the Registered Agency's client's account as
stakeholders pending finalization of the
Sale & Purchase Agreement.
2. Real Estate Agents or their negotiators are
encouraged to have a written authority to
sell. If the property is still in the
deceased name then no one is authorized to
sell the said property or enter into a
Sale & Purchase Agreement. Too premature to
transact this property unless a Grant of
Probate (for properties with a will written)
or Letter of Administration (without a will
written)is granted by the Court. You may
consult a lawyer to clarify.
When in doubt, clarify further or don't do it and look for alternatives.
David Wong
Principal
QUANTUM real estate
Licensed No. E(3)1320
 +60377289108 
 +60193330573  Read More
1
  • MT
    Dear David,

    TQVM for your advise.

    1) Yes, I'm dealing with a registered real estate agent here. He collected my earnest money in cash even b4 they get the approval from the rightful owners. As early as when I wanted to offer.

    2) The principal told me that the LA letter is ready. But he can't give it to me. Only pass to my lawyer.
    Now, I am asking for a comfirmation letter from rightful owners but they refused to give me. Keep pushing me to draft S&P.They says they dont have customer asking so much doc like me.

    3) They want to charge to 3% commission and then later negotiated to 2%, can they do so for a property introduce by them?

    Do I have right to get back my earnest money in this case?

    Thank you.

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