RM300,000 Fine and Imprisonment max 3 years

Q.
"Where on earth does it say I can be charged for the offence of being a unlicensed broker?" Ah Beng told to Johnny who is annoyed by the way Ah Beng is soliciting to sell Johnny's house.

A.
Section 30 Offences.

(1) Any person who—

(a) procures or attempts to procure registration or an authority to practice under this Act by knowingly making or producing or causing to be made or produced any false or fraudulent declaration, certificate, application or representation whether in writing or otherwise;

(b) wilfully makes or causes to be made any falsification in the Register or Register of Probationary Valuer/Probationary Estate Agent or Register of Firms;

(c) forges, alters or counterfeits any certificate, testimonial, order or authority to practice under this Act;

(d) utters or uses any forged, altered or counterfeit authority to practice under this Act knowing the same to be forged, altered or counterfeited;

(e) impersonates a registered valuer, appraiser or estate agent;

(f) buys or fraudulently obtains an authority to practice under this Act issued to another person;

(g) sells, transfers, sublets or otherwise permits any other person to use any authority to practice issued to him under this Act;

(h) not being a person acting under the immediate personal direction and supervision of a registered valuer, appraiser or estate agent carries out or undertakes to carry out any work provided under section 19 or 22B;

(i) acts in contravention of section 21 or 22C; or

(j) aids and abets in the commission of an offence under this Act,

commits an offence and is liable on conviction to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both and he shall be liable to a further penalty of one thousand ringgit for each day during the continuance of such offence.

(2) Any person who, without any lawful authority—

(a) acts as a valuer, appraiser or estate agent for any party or acts in any capacity as a valuer, appraiser or estate agent whether the primary or principal object of his business is valuation, appraisal or estate agency or whether any incidental part of his business is valuation, appraisal or estate agent; or

(b) wilfully or falsely pretends to be, or takes or uses any name, title, addition or description implying that he is duly qualified or authorized to act as, a valuer, appraiser or estate agent, or that he is by law so qualified or authorized,

commits an offence and is liable on conviction to a fine not exceeding three hundred thousand ringgit or to imprisonment for a term not exceeding three years or to both.

(3) No costs, commission, fee, reward or any other consideration in respect of anything done by an unauthorized person in respect of any act which is an offence under subsections (1) or (2) shall be recoverable in any court.

Section 30 (2) is clear on those who are not registered estate agents and still practice as Estate Agent or Brokers. However, there are those who are not, but yet carry themselves as "appearing as if" they are. This group are the pretenders, impersonators, or con man.

Section 22C Restrictions on estate agency practice is highlighted as an contravening subsections under S.30 (i). This means, anything against S.22C is an offence.

See:

D08 2012 Q3

Ref:
S.30 VAEA Act, 1981.