Getting unsolicited calls or messages after buying a new home? There’s a reason for that
Source of spam: Personal data is often leaked from banks, property agents or developers after a property purchase.
Personal Data Protection Act (PDPA): Selling or using personal data without consent is illegal under the PDPA, with penalties of up to RM500,000 fine or three years jail.
Developer practices: Some developers might sell customer data, though this breaches the PDPA.
Action against spammers: Lodge complaints with MCMC, telecommunications providers or the PDP Commissioner.
Preventive measures: Limit sharing personal data and ask service providers about their data protection practices.
KUALA LUMPUR, Nov 19 — Picture this. You have just received vacant possession of your new home and suddenly your phone buzzes.
You pull it up, and the message reads, “Dear owner. I am a property agent. May I know if your unit is available for rent? I have a keen tenant looking for a unit to move in. If your unit is ready to rent out, please contact me.”
Sounds all too familiar? Indeed, it is but one of the numerous variants of unsolicited messages or even call scripts used by real estate agents (REA) or negotiators (REN) to ‘aggressively’ market their services.
The first of many to come, you are left wondering just how they can contact you in the first place.
The answer lies in a valuable commodity known simply as the ‘master list’ that contains the contact numbers and names of the owners of a specific property listing.
“Usually (real estate) agents will buy (the master list) from their own expense, but at a certain point, the agency or a team leader will buy and supply their agents.
“Cost can range between RM50 to RM300 per master list depending on how appealing or demanding the (property) listing is,” property agent Wen (not their real name) told Malay Mail in an interview.
According to Wen, the master list is usually made available for sale in the public domain after vacant possession of a property — landed, non-landed and commercial.
The writer also made an unsuccessful attempt to procure a master list from a seller as such purchases were strictly by referral or registered real estate practitioners.
The master list is usually made available for sale in the public domain after vacant possession of a property — landed, non-landed and commercial. — Picture by Sayuti Zainudin
Tried and tested method
“One reason why unsolicited calls and messages persist is that, for some REAs and RENs, this method proves successful in securing listings and buyers.
“The reality is simple, no REA or REN would continue using a strategy that doesn’t yield results,” Malaysian Institute of Estate Agents (MIEA) immediate past president Chan Ai Cheng told Malay Mail in an interview.
While it is true that some unregistered REAs or RENs make unsolicited calls or send messages, Chan said it is also important to acknowledge that even those that are registered may resort to similar tactics in their eagerness to secure a potential client.
“As for how these callers obtain contact numbers, we understand that there are services that ‘sell’ this information specifically targeting REAs or RENs,” she added.
Even so, Chan acknowledged a multi-faceted approach and consistent efforts of all parties involved were needed for the issue to be addressed effectively.
“To the public, I recommend handling these situations the same way you would with unsolicited calls about loan restructuring or other marketing products.
“Politely inform the caller that you are not interested, end the call and block the contact if necessary.
“Additionally, consider reporting the incident to the supervising agent or principal of the firm, making it clear that you will not engage with their company if this behaviour continues.
“By refusing to entertain these calls, we can collectively help reduce this issue,” she said.
Chan also said one could warn the caller they were acting unlawfully and that you intend to report them to the authorities such as the Board of Valuers, Appraisers, Estate Agents and Property Managers Malaysia (BOVAEP) and the Personal Data Protection Department should these unsolicited calls persist.
Despite the public’s increasing awareness of the need to work with certified REAs or RENs, Chan said some still chose to engage with unregistered practitioners often to their own detriment through these unsolicited calls and messages. — Picture by Hari Anggara
Going by the book
Despite the public’s increasing awareness of the need to work with certified REAs or RENs, Chan said some still chose to engage with unregistered practitioners often to their own detriment through these unsolicited calls and messages.
“Working with a certified individual offers significant benefits, primarily because they are accountable to BOVAEP.
“This means that disciplinary action, including revoking their authority to practice, can be taken against them if necessary,” she said.
Chan said there is often a misconception that registration or licensing isn’t required for estate agency practice in the highly regulated industry as set out under the Valuers, Appraisers, Estate Agents and Property Managers Act (Act 242).
As a matter of fact, real estate practitioners must meet specific qualifications, registration, obtain licences and complete CPD (Continuous Professional Development) courses for yearly renewals of their Authority to Practice.
For instance, both RENs and REAs are only considered qualified professionals once they have received their accreditation from BOVAEP.
Members of the public could also verify whether a person or a firm is registered through BOVAEP’s website.
“While no profession is without its challenges, registered professionals provide the public with an added layer of protection thanks to the accountability mechanisms enforced by BOVAEP and the governing Act, Rules, Standards and Circulars,” she said.