20181213 (Thu)
Can Lazada sell houses for MahSing? Part 1.
The company is working with property developer Mah Sing Group Bhd to sell houses at a specific location
Read more at https://www.thestar.com.my/…/28/lazada-to-sell-houses-onl…/…
Some questions I get in the internet is Lazada is one entity, MahSing is another so, when Lazada sells on behalf of MahSing, it contravenes VAEP Act, 1981 s.22B(1A) because this constitutes “estate agency practice”.
The law says if one holds out to public to act for a fee, it constitutes “estate agency practice”. It is regulated.
Thus, in Lazada selling of MahSing’s house, does it contravene the law as Lazada is not an agency?
I’m no expert in this. However, in the question of who is selling, well… Grab App says it is not a transport company. It does NOT own the vehicles. It is not responsible for any wrongdoings of the driver.
So, Lazada can say it does NOT “sell” the houses, it merely act as an advertising media. Just like MahSing advertises in Newspaper, it is just advertisement. The newspaper is not selling the properties.
However, the interpretation of S.22B (1A)(d) which says estate agency includes “making know” and this interpretation can mean advertise. In its strict-most sense, advertising is making known. So, it needs to have the license to advertise!
Then, how about Mudah.my, iProperty.com, PropertyGuru.com, Edgeproperty.com? Are they not also advertising the listings???
Tomorrow we continue this case.