Terms of Use
These terms govern your use of this website and set out how appointment and fees work if you go on to instruct Hartanah Makmur Realty Sdn Bhd.
By using this website you accept these terms. If you do not accept them, stop using the site. Nothing here overrides a signed agency agreement or tenancy: where a written engagement between us says something different, the engagement wins.
1. Listings, prices and availability
All particulars, measurements, floor areas and outgoings are provided in good faith from information supplied by the vendor or landlord and are believed correct, but are not warranted and do not form part of any offer or contract. Intending purchasers and tenants must satisfy themselves by inspection, title search and their own professional advisers as to the accuracy of every particular, including tenure, title restrictions, approvals and the condition of any fixture or service. Prices are quoted in Ringgit Malaysia and are subject to change without notice.
Some points are worth stating separately because they catch people out:
- Prices move and listings sell. An asking price shown here is the price at the moment the page was last edited. A vendor may revise it, accept a lower offer, or withdraw the property, at any time and without notice to us or to you.
- Areas are approximate. Built-up and land areas are taken from the developer’s or vendor’s documents and are usually rounded. Verify against the title, the strata plan or a measured survey before you rely on a figure — particularly where you are pricing per square foot.
- Tenure, title and restrictions must be checked. Freehold or leasehold status, individual or strata title, Bumi lot status, express conditions, restrictions in interest and consent requirements all affect what you can do with a property and how long a transfer takes. We tell you what we have been told and what a title search shows; your solicitor confirms it.
- Photographs are illustrative. Images may have been taken before a tenancy, before renovation works, or with staging furniture. Nothing shown in a photograph is included in a sale unless it is listed in the Sale and Purchase Agreement.
- Outgoings change. Maintenance and sinking fund charges, quit rent and assessment are stated as last advised. The management corporation and the local authority can revise them.
We take reasonable care with the particulars we publish, but we do not warrant that the site is complete, current or error-free, and we accept no liability for a decision taken in reliance on it without independent verification.
2. The mortgage calculator is not advice
Any calculator, affordability estimate or cost sheet on this site is an arithmetic tool provided for general guidance. It is not financial advice, not tax advice, not a loan offer, and not an indication that any bank will lend to you.
- It applies the inputs you give it. It knows nothing about your credit record, your existing commitments, your CCRIS or CTOS position, or the lender’s internal debt-service ratio policy — all of which decide what you are actually offered.
- Margin of finance varies by borrower, by asset class and by lender. Serviced apartments on commercial title, small-parcel industrial units and properties with a short unexpired lease are all financed more cautiously than a standard freehold condominium.
- A repayment figure is indicative only. Rates referenced to the Standardised Base Rate move, and most Malaysian home loans are floating.
- Stamp duty and legal-fee estimates follow published scales. Budget measures, first-home exemptions and their price ceilings change from year to year, and the assessed market value used by the Valuation and Property Services Department may exceed your purchase price.
- Nothing shown accounts for Real Property Gains Tax on a later disposal, MRTA or MLTA premiums, fire insurance, valuation fees, or disbursements.
Confirm every number with your bank, your solicitor and, for tax, a licensed tax agent before you commit to anything. Hartanah Makmur Realty is an estate agency practice; we are neither a bank, a law firm, a licensed financial adviser nor a registered valuer, and we do not hold ourselves out as any of them.
3. Appointment and agency
We act only under a written appointment. Until an authority to act is signed, no agency relationship exists between us, whatever has been discussed.
Exclusive and non-exclusive appointments
An exclusive appointment gives us sole rights to market the property for a stated period — commonly three months — and carries a marketing commitment on our side that we put in writing. A non-exclusive appointment allows you to instruct other agencies at the same time, in which case the fee is earned by whichever agency is the effective cause of the sale or letting.
Who we act for
In a sale we normally act for the vendor. Where we introduce a buyer we will tell that buyer plainly whose agent we are. We do not act for both sides of the same transaction without the informed written consent of both, and we decline the instruction where consent would be meaningless.
Negotiators
Every negotiator listed on this site practises under the firm’s estate agency registration and holds a registration tag. Registration numbers published here appear in placeholder form; ask any negotiator for their tag and we will produce it.
4. Fees and commission
Agency fees for the sale or letting of land and buildings in Malaysia follow the scale prescribed under the Valuers, Appraisers, Estate Agents and Property Managers Act 1981 and its subsidiary schedule. We quote that scale; we do not invent a figure and we do not undercut the floor. The scale is subject to a statutory maximum — for a sale of land and buildings this is currently three per cent of the transaction price — and letting fees are calculated on the monthly rent and the length of the term.
- The exact fee, the trigger for payment and any minimum are stated in your appointment letter before we market anything.
- Service tax at the prevailing rate is charged in addition where the firm is a registered person for service tax purposes.
- Unless the appointment says otherwise, the fee is earned when a binding Sale and Purchase Agreement or tenancy is entered into with a party we introduced, and is payable on completion or on the schedule set out in the appointment.
- Agreed marketing costs — professional photography, a measured floor plan, paid portal placement — are itemised in advance. We do not recover unagreed disbursements.
- Buyer representation is normally provided at no separate charge in a standard sale, because the vendor pays the scale fee. Where you engage us on an exclusive search mandate, the fee is agreed and documented before work begins.
A booking fee or earnest deposit paid through us is held and dealt with strictly in accordance with the terms recorded at the time of payment. Ask for those terms in writing before you pay anything, and read what happens to the money if the sale does not proceed.
5. Using this website
- The listings, photographs, floor plans, written particulars, market commentary and the design of this site belong to Hartanah Makmur Realty Sdn Bhd or to its licensors. You may view and print pages for your own non-commercial use.
- You may not scrape, harvest, republish or resell the content, or use it to build a competing listings database.
- You may not submit anything unlawful, misleading or defamatory through any form on this site, or use our contact details to send unsolicited marketing.
- Links to third-party sites — a mapping service, a bank, a portal — are offered for convenience. We do not control them and we are not responsible for their content or their handling of your data.
We may change, suspend or withdraw any part of this site at any time. We do not warrant uninterrupted availability.
6. Liability
Nothing in these terms excludes liability that cannot lawfully be excluded, including liability for fraud or fraudulent misrepresentation. Subject to that, we are not liable for indirect or consequential loss, for loss of profit or of an anticipated bargain, or for loss arising from reliance on the site without the independent verification these terms call for.
7. Personal data
How we handle personal data is set out in full in our Privacy Notice, issued under the Personal Data Protection Act 2010. Please read it before you send us an enquiry.
8. Complaints and governing law
Raise a complaint with the principal at hello@hartanahmakmur.com.my or +60 3-2181 8800. Complaints about the conduct of estate agency practice may also be made to the Board of Valuers, Appraisers, Estate Agents and Property Managers Malaysia.
These terms are governed by the laws of Malaysia and the courts of Malaysia have exclusive jurisdiction over any dispute arising from them.
Last reviewed . These documents are published by Hartanah Makmur Realty Sdn Bhd and are governed by the laws of Malaysia. They are written to be read, not to be impressive; if any part of them is unclear, ask us before you rely on it.