BOVAEA / LPPEH Complaint Form (Malaysia)

A BOVAEA / LPPEH Complaint Form in Malaysia records the facts of the complaint and the action the complainant asks be taken.

Complaints to BOVAEA are governed by the Valuers, Appraisers and Estate Agents (Investigation) Rules 1989 (the Investigation Rules 1989) made under Section 28 of the Valuers, Appraisers, Estate Agents and Property Managers Act 1981. Any person aggrieved by the professional conduct or misconduct of a registered practitioner may lodge a written complaint with the BOVAEA Registrar. Upon receipt of a complaint, BOVAEA's Investigating Tribunal may summon the respondent registered practitioner and the complainant, examine witnesses, and determine whether disciplinary action should be recommended to the Board.

The disciplinary sanctions available to BOVAEA against a registered practitioner found guilty of misconduct under Section 28 of the Valuers, Appraisers, Estate Agents and Property Managers Act 1981 include: reprimand; suspension of practising certificate for up to 12 months; cancellation of registration and practising certificate (striking off); or a fine not exceeding RM 300,000. A practitioner whose registration is cancelled may apply to the High Court of Malaya for a review of BOVAEA's decision under Section 32 of the Valuers, Appraisers, Estate Agents and Property Managers Act 1981.

Common grounds for complaints to BOVAEA against estate agents include: charging commission above the prescribed scale under the Sixth Schedule to the Valuers, Appraisers, Estate Agents and Property Managers Act 1981; misrepresentation of property particulars; failure to account for moneys held as stakeholder; acting for both buyer and seller without disclosure; and failing to provide a written confirmation of agency and commission agreement before marketing a property.

The legal framework governing the BOVAEA / LPPEH Complaint Form (Malaysia) in Malaysia draws on several key statutes and regulatory bodies. Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Parties executing a BOVAEA / LPPEH Complaint Form (Malaysia) in Malaysia should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Federal Constitution of Malaysia sets the foundational requirements.

A BOVAEA/LPPEH Complaint Form in Malaysia is needed whenever a member of the public has grounds to complain about the professional conduct of a registered valuer, estate agent, appraiser, or property manager.

A BOVAEA Complaint Form is needed when an estate agent charges a commission above the maximum prescribed rate under the Sixth Schedule to the Valuers, Appraisers, Estate Agents and Property Managers Act 1981. The maximum commission payable to an estate agent for the sale of residential property in Malaysia is 3% of the transaction price, inclusive of GST/SST. Charging above this rate is professional misconduct.

A BOVAEA Complaint Form is required when a registered valuer provides a valuation report that the complainant believes was negligent, inflated, or deflated beyond the acceptable margin of error — for example, where a mortgage valuation was deliberately overstated and contributed to a bank approving an excessive loan.

A BOVAEA Complaint Form is needed when a real estate negotiator (REN) or estate agent misrepresents the condition, title, or legal status of a property during a sale or rental transaction — for example, falsely claiming a property has a clear title when it is subject to a charge, or failing to disclose that the property is a Malay Reserve land parcel.

A BOVAEA Complaint Form is required when a property manager fails to properly account for rental collections, maintenance fund contributions, or sinking fund contributions collected on behalf of the building owner or MC under the Strata Management Act 2013. Misappropriation of building funds is a serious professional offence.

A BOVAEA Complaint Form is needed when a registered practitioner conducts estate agency work without holding a valid practising certificate, or when an unregistered person carries out estate agency activities — which is an offence under Section 22A of the Valuers, Appraisers, Estate Agents and Property Managers Act 1981.

A complete BOVAEA/LPPEH Complaint Form must contain the following essential elements to allow BOVAEA to investigate the complaint effectively.

Complainant's details: Full legal name, MyKad or passport number, contact address, email, and telephone number of the person lodging the complaint. For corporate complainants, the SSM registration number and name of the authorised representative.

Respondent's details: Full name and BOVAEA registration number of the practitioner being complained against. The practitioner's registration number can be verified on the BOVAEA online register at bovaea.org.my. The name of the firm or company through which the respondent practises.

Nature of the complaint: A clear, specific description of the conduct complained of, including dates, places, and the parties involved. The complaint should identify the specific provision of the Valuers, Appraisers, Estate Agents and Property Managers Act 1981 or the professional conduct rules alleged to have been breached.

Chronology of events: A sequential account of the events giving rise to the complaint, from the date of initial engagement of the practitioner to the date of the specific misconduct. Each material event should be dated in DD/MM/YYYY format.

Supporting documents: A list of all documents annexed to support the complaint — including the written agency agreement, commission agreement, valuation report, correspondence, bank statements, receipts, and any other material evidence.

Loss or damage: A statement of any financial loss or damage suffered by the complainant as a result of the respondent's conduct, with supporting financial documentation.

Relief sought: The specific outcome sought by the complainant from BOVAEA — whether a reprimand, suspension, cancellation of registration, or a recommendation for criminal prosecution under the Valuers, Appraisers, Estate Agents and Property Managers Act 1981.

Declaration: The complainant's statutory declaration that the contents of the complaint are true to the best of their knowledge and belief, executed before a Commissioner for Oaths under the Commissioners for Oaths Act 1993 (Act 522).

Additional compliance elements for a BOVAEA / LPPEH Complaint Form (Malaysia) used in Malaysia include: Under Malaysian law, the Contracts Act 1950 (Act 136) governs contractual obligations. The Companies Act 2016 (Act 777) regulates corporate entities through the Companies Commission of Malaysia (SSM). The Employment Act 1955 (Act 265) and the Department of Labour govern employment matters. The Personal Data Protection Act 2010 (Act 709) and the Personal Data Protection Department protect personal data. The Inland Revenue Board of Malaysia (LHDN) administers tax obligations. The Industrial Court adjudicates employment disputes under the Industrial Relations Act 1967 (Act 177). Forms-legal.com provides this template as a starting point for Malaysia-compliant documentation.