Negotiator’s

Training Part 1
Presented by:
Ts. Kamal Bin Abdul Ghafur (AG)
Registered Real Estate Agent (E 2838)
Property Manager (PM 2290)
Licensed Auctioneer,
MSc In Property Investment (UiTM)
[Link].(Hons) UPM
Sales Head,
 Real Estate

What is??? Real Estate Agent

Real Estate
Negotiator
Why use our services?
• Registered with Board of Values., Appraisers & Estate Agents.
(BOVEA)
• Govern by Act of Parliament.
• Recognized by government.
• Qualified, knowledgeable and experience.
• Accountable to clients for their actions.
• More understand about the respective laws relating to property deals.
• Well informed about currents events of property market.
• Accountable for monies collected-clients account.
• Save time & money-do it right for the first time around.
• Advise on property values and negotiate prices.
• Take care of all details-clients life easier.
Who Govern Real Estate Business?
Relationship.

Principal

Agent

Negotiator
 What Govern the Relationship

General Law of Agency

Forms
Agency Agreement
 Others term that need to be
included in the form.

• Permission to put the sign board.

• Permission to place the advertisement.
• Authorize the agent to deal with the Earnest Deposit.
• Selling price.
• Agency Fee.
• Clients information & status.
 Duties of a Real Estate Negotiator
to Client or Principal.
• Render service with absolute fidelity and practise the
ideals of integrity, honour and courtesy in the spirit of
fairness and goodwill.
• Obey all lawful and reasonable instruction of the principal.
• Exercise reasonable care, prudence and skill in undertaking
his duties.
• Exercise good faith because of fiduciary relationship.
• Maintain loyalty to principal, encompassing all obligations
to the principal.
• Cannot act for both parties unless with both their consent.
 Types of Agency Appointment.
• Exclusive Agency - ONLY the real estate agent can sell.
• Sole Agency - BOTH the vendor and real estate agent can
sell.
• Sole Joint Agency - The vendor and real estate agent is a
TEAM.
• Joint Agency - LIMITED number of real estate agents can
sell.
• Ad Hoc Agency - UNLIMITED number of real estate
agents can sell.
Types of Agency Appointment.

• Exclusive Agency
 Advantage of Exclusive
Agency.

• Unchallenged Price Control

• One Point of Contact
• Clear Relationship Established
• Efficient and Dedication to Marketing
Selling Flowchart.
 • Getting Written Appointment as An Agent to sell and to buy property
Getting
Appointment • (see attachment 1)

Appointment Form Key Collection Form

• # Checking Property Inspections owner at land office search

Property • # Property inspection and taking picture for marketing
Inspections

• - Online Marketing ( [Link], mudah,[Link] guru, investment forum [Link] )

• -off line marketing ( fliers)
Marketing

• -Bring Prospect Buyer for Viewing.

Prospect • -Negotiating Price Viewing Form
buyer

Collecting • - we will collect 3% and bank in into our company client account
Earnest Agreement to purchase Form
Deposit
-3 %
• -prepared by appointed lawyer
• -Buyer To paty Remaining 7%
Signning
• - We Collect Our Professional FEE (3%)
SnP
14 days

Buyer
• - Remaining Selling Price will be financed by bank and will be delivered to Owner within 3 month
To obtain
Bank
Loan

• Happy Seller + Statified Buyer = More Deal

Complete
Renting Flow Chart.
Appointment Form Key Collection Form

Viewing Form

Agreement to Rent Form

The Main Sectors of Real Estate in
Malaysia
 Land Titles

Possessory Strata
Registry Land Qualified Final
Office
Important Information in
Land Title

The owner’s The usage of Land Size

name the land
Relevant Type of Titles for
Negotiators.

Freehold Leasehold

allows the
gives the owner to stay
owner in possession
perpetual only for a
ownership specified
period.
 Maximum fee on Sale & Purchase
Transactions.

• Land and buildings maximum fee of 3%.

• Fees for other services such as joint venture, sale of
company, property swaps, etc. Maximum fee of 3%.
• Chattels including plants and machines 10% of the
proceeds.
 Minimum fee on Sale &
Purchase Transactions.
• As above, subject to a minimum fee of RM1000.00 per property.
• The above scale applies to any sale or purchase by way of private
treaty, tender or any other mode of disposal or acquisition.
• For the project marketing, there are no limits on the fee that the
agent charge.
• The above scale of fees shall not apply to the sale of foreign
properties in Malaysia or sale of Malaysian properties in foreign
country, and
• The above scale of fee may be subject to a maximum discount of
30% or the words “subject to”.
 Minimum Fee on Tenancy/Lease.
Tenancy/Lease Maximum Fee
Up to 3 years 1.25 months rental
Exceeding 3 years up to 4 years 1.50 months rental
Exceeding 4 years up to 5 years 1.75 months rental
Exceeding 5 years (without option for 1/5 months rental
renewal)
Exceeding 5 years (with option for 1.75 months rental + 0.25 months
renewal) rental for every additional year
 Minimum Fee on Tenancy/Lease.

• As above, but may be subject to a maximum discount of

30% or a minimum fee of 1 month’s rental.
• For tenancies less than one year, the fee may be
calculated on pro rata basis.
• The above scale shall not apply to serviced offices or
apartments or any other premises of similar nature.
• Rent reviews:50% of the fees chargeable under lettings.
 Additional Claims.
Claims may be made for:
• The cost of printing, plans, copies of documents,
lithography, travelling (only where the distance between
the estate agent’s office and the property is more than
40km) and other expenses actually incurred;
• The cost of media advertisements, signboards, brochures
and other promotional material.
Note: The above additional claims may not be incurred by
the registered estate agent without the prior concurrence of
the client.
 Types of Payment in a Property
Transaction.

a)Sale and Purchase Transaction.

• It is a practice for a prospective purchaser to pay an
earnest deposit to the Registered Estate Agent (Vendor’s
Agent) as stakeholder to secure the property.
• Upon signing of the Sale & Purchase Agreement, this
earnest deposit shall be constructed as part payment of
the 10% down payment towards the purchase of the
property.
b)Forfeiture.
• If the purchaser fails to execute the Sales & Purchase Agreement
within a certain frame, his/her deposit will be forfeited.
• If the vendor fails to execute the sales & purchase agreement, the
purchaser shall be entitled to the remedy of specific performance
(legal action) against and at the cost and expense of the vendor. If the
purchaser does not institute an action of specific performance, then
the purchaser may have the earnest deposit refunded plus a sum
equivalent to the earnest deposit paid to the vendor as compensation.
c)Abortive Fees.
• In the event the transaction is aborted by the purchaser/vendor before
the Sale & Purchase Agreement is signed but earnest deposit is paid,
Key Properties will be paid a fee equivalent to 50% of the earnest
deposit or forfeiture deposit or 50% of agreed full fees, whichever is
less.
 When fees are payable?
-Rental:
• The signing of the Tenancy Agreement; or
• Occupation of the premises; whichever is earlier
-Sales:
• The signing of the Sales & Purchase Agreement.
• The Registered Estate Agent may be deduct his fees from the
deposit or earnest money if he is a stakeholder provided it is in the
written concurrence of his client.
• The Registered Estate Agent is entitled to his fees if any
introduction made during the period of his appointment leads to a
successfully concluded sale/rental even if the appointment has
expired or has been terminated at the time of the completion of the
transaction.
 How to Claim Our Fee?
Close Sale/Rental

Submit Claim From

Receive Payment
 Time Frame $$
Claim
Submission Date 1 15 30

Payment Date
6 20
 Parties in Real Estate
Transaction.
• Sellers/Buyers
• Landlords/Tenants
• Estate Agents/Negotiators
• Other advisors
• Accountant
• Valuers
• Architect/Engineer/Building surveyor
• Insurance Broker
• Lawyers
• Banker/Mortgage broker
Appendix.
AG REALTY ONLINE PLATFORM

http:[Link]
How AG Realty platform works ?
Multi-level access control
Agent Dashboard
Generate Digital Forms
Appointment To Act As An Agent
To Secure Purchaser/ Tenant
Agreement To Rent
Letter Of Confirmation To Sales
Acknowledgement of Received Keys
Viewing Form
 ONLINE LEARNING IN
WORKLPLACE PLATFORM
COMMISION

REN TEAM
LEADER
MANAGER
HAPPY SELLING
&
THANK YOU