The WhatsApp Paper Trail: Can Chat Logs Protect Your Commission in Court?
In Malaysia’s real estate industry, WhatsApp has become the default office. Listings, prices, viewings, negotiations — everything happens inside that green chat box.
So when a deal closes and a dispute arises, most agents scroll up and say:
“See? I have proof. It’s all in the chat.”
But here’s the uncomfortable truth:
A WhatsApp trail might show effort, but it doesn’t prove authority.
In court, screenshots can support your story — but they can’t replace a signed appointment letter.
1. WhatsApp: Great for Evidence, Weak for Entitlement
Let’s be clear: WhatsApp logs can help. They can prove:
- You were involved in discussions.
- You introduced the buyer or tenant.
- You performed real work — viewings, updates, offers.
But under Act 242, your right to commission doesn’t come from effort — it comes from written authority.
That means:
- Without a signed appointment, you’re not an authorised agent.
- Without a commission clause, you can’t enforce a rate.
- Without clear consent, your chat may show conversation, not contract.
In short: WhatsApp shows what you did. It doesn’t prove you were entitled to do it.
2. When WhatsApp Works — and When It Doesn’t
Helpful in Support (But Not Alone)
If you already have a valid appointment letter, your chat logs become a powerful backup — they show transparency, timeline, and communication. Together, they build a strong case for professionalism and delivery.
Risky in Isolation
If you relied only on WhatsApp messages — even ones saying “okay, go ahead” — the court will ask:
- Was there a clear agreement on commission rate?
- Was the sender authorised to appoint you?
- Did both parties intend to form a contract?
Most of the time, the answer is no. Chats are treated as evidence of discussion, not proof of agreement.
3. Why Malaysian Courts Still Prioritise Written Appointments
The reason is simple: Property transactions involve high value and legal representation. The law expects clarity — not convenience.
A signed appointment letter provides:
- Proof of consent — the owner agrees to your service.
- Defined scope — the property, price, and commission.
- Legal standing — recognised under Act 242.
WhatsApp may show intent, but courts need certainty — a written, signed, dated document.
4. The Illusion of Digital Proof
It’s easy to feel safe with screenshots. You can search, export, and highlight messages.
But here’s the catch:
- Messages can be deleted, forwarded, or taken out of context.
- Courts may question authenticity if no metadata is verified.
- And even if accepted, they don’t establish contractual authority.
In the end, WhatsApp is a supplement, not a substitute. It tells your story — but it doesn’t sign your name.
5. The Right Way to Use WhatsApp in Your Workflow
You don’t need to abandon WhatsApp — you just need to anchor it properly.
Here’s how professionals do it:
- Confirm first, chat later. Always secure a signed appointment before starting work.
- Reinforce, don’t replace. Use chat to recap agreed terms — not to create them.
- Archive smartly. Keep full exports (with timestamps), not just screenshots.
- Move formal terms to paper. Use WhatsApp for communication, not contracts.
That way, your paper and your chat tell the same story — and one of them is legally binding.
6. The Rule to Remember
A WhatsApp chat shows you were involved. A signed appointment proves you were entitled.
If you ever end up defending your commission, it’s not the chat that saves you — it’s the contract behind it.
