The Verbal Deal Trap: Why Handshake Agreements Can Cost Agents Their Commission
In Malaysia’s property market, deals often start with trust — and end with disappointment.
A seller calls: “You help me sell, I’ll pay you a commission.”
No letter, no rate, no signature — just a handshake and some WhatsApp photos.
You spend weeks arranging viewings, negotiating offers, updating buyers — and when the deal finally closes, the seller says,
“I never promised you 2%. I said I might pay you something.”
Without a written agreement, you have no legal claim. Your effort, time, and cost become voluntary service.
This is the Verbal Deal Trap — where trust without paperwork turns into loss without remedy.
1. Why Verbal Promises Don’t Protect You
Under Act 242, your right to claim commission comes only from a written appointment. A verbal instruction or casual text isn’t enough.
Even if everyone knows you handled the deal, courts enforce contracts, not conversations. You can’t sue based on memory — only documented authority.
A verbal “okay” means nothing when the cheque clears and gratitude disappears.
2. Why It Happens So Often
Most sellers in Malaysia don’t commit clearly. They say:
- “You sell first, then we discuss the rate.”
- “Let’s not sign anything yet — just help me post it.”
New agents, eager to secure listings, agree — hoping sincerity will translate into fairness. But in a slow market, where every deal counts, good faith fades fast.
When the property sells, arguments begin:
- “I didn’t authorise you exclusively.”
- “Another agent closed it first.”
- “You didn’t bring the final buyer.”
- “I never confirmed the commission.”
No appointment, no rate, no case.
3. The Professional Standard: Appointment Letters
Just like lawyers issue letters of engagement, real estate agents must secure appointment letters. This isn’t bureaucracy — it’s protection.
A valid appointment letter confirms:
- You are authorised to act.
- The property details and owner’s name are correct.
- The commission rate is agreed upfront (usually 2%–3%).
- The duration of appointment is fixed.
It turns goodwill into a binding instruction, giving you legal standing under Act 242.
4. Exclusive vs. Ad-Hoc Appointments
- Exclusive Appointment
Only you (or your firm) may sell during the stated period. You’re protected even if the owner or another agent finds the buyer. All leads, offers, and negotiations flow through you. - Ad-Hoc Appointment
The seller may authorise multiple agents, but each must be formally appointed for that specific listing or buyer. Even if it’s non-exclusive, the signature matters — it proves your authority and entitlement to fees if your buyer closes the deal.
In both cases, the key is written consent. Without it, you’re not the appointed agent — you’re just a helpful messenger.
5. The Ripple Effect on Co-Broking
Co-broking partners prefer agents with verified listings. If you can’t produce an appointment letter:
- They can’t confirm your entitlement.
- They fear disputes later.
- They may avoid working with you.
In Malaysia, verified authority is everything. Without proof, your “listing” is just hearsay.
6. How a Simple Letter Changes Everything
A signed appointment letter instantly upgrades your standing:
- You’re not “another agent” — you’re the appointed representative.
- Your marketing has legal weight.
- Your co-broking network trusts your data.
- Your commission is enforceable.
It’s one page. One signature. One act of professionalism.
7. The Rule to Live By
Before you post, print, or promote — get the appointment letter. Don’t chase promises. Secure permission. Because in this business, what’s not written doesn’t exist.
