Confusion with Part II law papers

Q.
I am confused with what are the different areas of laws in the three subjects (D08, D10 and D11) of the Part 2 LPPEH Examination for Estate Agent. Can you clarify?

A.
This is the old syllabus. The corresponding new syllabus will be:

1. D08 Estate Agency Law - Professional Practice
2. D10 Laws relating to Property - No Change
3. D11 Real Estate Agency Practice - No Change

The Board of Valuers, Appraisers and Estate Agent Malaysia had submitted to change the name of D08 Estate Agency Law to Professional Practice because of some confusion over this few papers earlier on.

It is been communicated in earlier circular 142/2012 listed as:

The Estate Agent's Written Examination - New Syllabus here.

In my opinion, Professional Practice is a change to reflect the subject being a broader sense of Estate Agency Laws and Regulations - the laws and regulation governing the practice of Estate Agents.

Why it is not named 'law' and rather ' practice'? This is interesting, as the Board may not want to restrict the subject to being just about laws governing the profession. In other words, a restrictive sense as it is in a lesser scope than the boarder scope that outside the Laws. There are other practice guidelines and ethical standards the profession must uphold. It is thus, 'Practice' to illustrate that it encompasses all the laws and regulations the education and steps to study and qualify for the TPC (Test of Professional Competence) and the CPD that is required to practice Estate Agency.

Whereas, Real Estate Agency Practice D11 is all about laws and the daily activities of practicing estate agent! And, the name 'Practice' is preferred over 'Law' again. The subject is all about the laws, good practices and regulations governing the process of selling, leasing and buying of property (in two words - property transaction). It is about Sale and Purchase Agreement, Lease and Charge, Agency Contract, even procedures of bank loan agreements, etc. Nonetheless, there will be 1 or 2 questions on general management of estate agency. One key area is marketing of a housing project which is similar to Principles of Marketing D05.

The paper 'Laws relating to Property D10' is about other areas of laws which is not so directly involved with the Estate Agents. These are for example, National Land Code, Land Acquisition Act, Strata Titles Act, Town and Country Planning Act, etc. In such manner, Laws relating to Property is much like a continuation of 'D02 Introduction to Law' in the Part 1 Syllabus, except that it is more focus and targeted at laws and regulations of property development, transaction and land alienation.

In short, there are some overlapping areas. The confusions are the overlapping scopes of work of an agency. Think of it in simple analogy, Estate Agents compared to Lawyers. D08 is about Estate Agents, D11 is about Conveyancing Lawyer. D10 is about Lawyer in Court, in litigation over disputes in law.

Law which governs advertisement - much involved with the Valuers, Appraisers and Estate Agent Act, 1981 (APPEH). This law should be concentrated in Estate Agency Law D08 - Professional Practice but, it comes out in Real Estate Agency Practice D11 as well.

Law that governs ethical practice (code of conduct and ethics) - much involved with the APPEH 1981, also appeared in both D08 and D11. On this part of confusion, I rather think it is the way of how question is asked.

Investment and Valuation, Promotional Strategies and Marketing Plans are all common questions in Real Estate Agency Practice D11. Hence, D11 is very much a 'Rojak' of all that is required to know about Estate Agency. It is much like a Management Paper, Law paper and also an Ethics paper.

Laws relating to Property D10 is much a 'clean' paper as like its name, it is about Laws. Although, in some instances question like 'Market Value' does appear, which sounds like 'Taxation' paper. Nevertheless, it is pretty straight forward compared to D08 and D11.

Thus, if one is to choose the combination to sit in a single sitting, the better combinations would be:

D08 + D11 and +D10  as one part, and D07 + D09 + D12 as another part.

In such manner, when valuation and investment or marketing questions appear in the D11, just ignore as you concentrate on the 5 out of 8 questions.

Ref:

Own account

http://www.lppeh.gov.my/circular/CHANGES%20IN%20EXAMINATION%20RULES.pdf