Dear Ms. Chin SY,
A Landlord or a Tenant may engage the services of a real estate agent and agree on the fee prescribed under the 7th Schedule of the Valuers, Appraisers & Estate Agents Act 1981 & Rules. Commonly, the fee for renting out or finding a place to rent is not more than 1.25 months' rental. This must be agreed beforehand and preferably in writing.
In the above Act, under Section Code of Conduct & Ethics, Rule 89(2)"A registered estate agent shall not charge or attempt to charge fees on more than one party in any one transaction and such fee shall not exceed the maximum fee specified in the scale of fees under the 7th Schedule".
If the estate agent is instructed by the Landlord and has already agreed to pay the agent's fee, then you are not required to pay the fee. You pay the fee only if you have agreed to engage the agent to find you a suitable apartment to rent.
Please also clarify whether the 1 month payment that you mention is the fee or just an earnest deposit held by the agent as stakeholder for the Landlord.
When in doubt, you may enquire from the Board of Valuers, Appraisers & Estate Agents Malaysia (www.lppeh.gov.my)that governs the real estate profession.
David Wong
Principal
QUANTUM real estate
Licensed E(3)1320
Mobile:+60193330573
Office:+60377289108
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