AUCTIONEERS ACT 1914 (REVISED—2026)

Auctioneers LAWS OF MALAYSIA Act 879 AUCTIONEERS ACT 1914 (Revised—2026) REVISED BY THE COMMISSIONER OF LAW REVISION, MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 2026 1 2 Act 879 Laws of Malaysia AUCTIONEERS ACT 1914 Revised up to … … … … 20 March 2026 Date of publication in the Gazette of this revised edition … … 25 March 2026 Date appointed for coming into operation of this revised edition pursuant to paragraph 6(1)(xxiii) of the Revision of Laws Act 1968 [Act 1] … … … … 25 March 2026 First enacted in 1914 as Sabah Ordinance No. 1 of 1914 Previous Revision First Revision … … … … … 1936 (No. 1 of 1914 w.e.f. 31 December 1936) Second Revision … … … … … 1953 (Cap. 9 w.e.f. 30 June 1953) Previous Reprint … … … … … 1946 Second Reprint … … … … … 1966 First Reprint Auctioneers LAWS OF MALAYSIA Act 879 AUCTIONEERS ACT 1914 ARRANGEMENT OF SECTIONS Section 1. Short title and application 2. Auctioneers to be licensed 3. Issuance and renewal of licence 4. Auctioneers’ responsibilities 5. Commission and fees 6. Occasional licence 7. Owners’ bids 8. Rules and penalties First Schedule Second Schedule Third Schedule 3 4 Laws of Malaysia Act 879 5 Auctioneers LAWS OF MALAYSIA Act 879 AUCTIONEERS ACT 1914 An Act to regulate auctioneers in Sabah and the Federal Territory of Labuan. [2 January 1914] Short title and application 1. (1) This Act may be cited as the Auctioneers Act 1914. *(2) This Act applies to Sabah and the Federal Territory of Labuan only. Auctioneers to be licensed 2. (1) Any person acting as an auctioneer and not being provided with a licence in the form set out in the First Schedule and not having paid the fees prescribed in the Second Schedule commits an offence and shall, on conviction, be liable to the penalty prescribed under section 8 of the Act. (2) This section shall not apply to property of the Government of the Federation or of Sabah or of any deceased government official sold under special authority. Issuance and renewal of licence 3. (1) The licence shall be issued by the Residents or District Officers for places within their jurisdiction, who may in their discretion refuse to issue the licence. *NOTE— This Act is applicable to Sabah and Federal Territory of Labuan— see Auctioneers Unification Ordinance, 1949 [No. 10 of 1949] w.e.f. 25 April 1949. 6 Laws of Malaysia Act 879 (2) The licence shall be renewed annually and the application for the renewal of the licence shall be made not less than one month before the expiration of the current licence. Auctioneers’ responsibilities 4. (1) Every licensed auctioneer shall obtain by public competition the highest possible price for the property to be sold and shall take all reasonable measures by the issue of notices or otherwise to ensure publicity to the sale. (2) The auctioneer shall not— (a) buy on his own account property which he is employed to sell provided that he may purchase such property as the agent of any person employing him in such behalf; (b) dispose of any property entrusted to him by private contract without the consent in writing of the owner; (c) depute another person to act in his behalf without special sanction in writing given to such person. Commission and fees 5. The commission and fees chargeable by an auctioneer in respect of sales shall not exceed those set out in the Third Schedule. Occasional licence 6. Nothing contained in this Act shall prevent any person in districts where no licensed auctioneer exists from making an application for and, on satisfying the proper licensing authority that he is a fit person, from obtaining an occasional licence in the form set out in the First Schedule and on payment of the fees prescribed in the Second Schedule. Owners’ bids 7. (1) Any owner of property may employ an agent to bid or may himself bid at ordinary sales provided that he shall not do so in any case where the sale is held “without reserve”. Auctioneers 7 (2) The sale shall not be binding when the owner of the property employs more than one person to bid for the same property. Rules and penalties 8. The Minister may make rules for carrying out the provisions of this Act and any person who contravenes such provisions shall, on conviction, be liable to a fine of one hundred ringgit and shall, in addition, be liable to the cancellation of his licence. 8 Laws of Malaysia Act 879 First Schedule [Subsection 2(1) and section 6] FORM OF LICENCE …………………………….. (name) of ………………………………… (address) is hereby authorized to act as an auctioneer for the period of ……………………….. (period of licence). Fee paid RM ……………… Date ……………………….. ………………………………………….. Signature of Resident or District Officer Second Schedule [Subsection 2(1) and section 6] FEES FOR AUCTIONEER’S LICENCES (RM) (a) Licence to act as an auctioneer 20 (b) Occasional licence for one day 5 (c) Occasional licence for each succeeding day 2 Auctioneers 9 Third Schedule [Section 5] COMMISSION AND FEES 1. (a) Movable property— Per lot: 10% on the first RM1,000. 2% on the remainder of the sale price. (b) Immovable property— Per lot: 2% on the first RM100,000. 1½% on the next RM100,000. 1% on the remainder of the sale price. 2. Actual costs incurred on necessary travelling, accommodation and subsistence away from the base, and on notice displays and equipment, printing, advertisements, hire of auction premises, postage, handling, and service of notices, and other reasonable costs related to the auction, shall be payable. 3. The above commission and fees shall be subject to a minimum charge of RM200 for each auction meeting held or postponed within twenty-four hours of the time set for auction. 10 Act 879 Laws of Malaysia LAWS OF MALAYSIA Act 879 AUCTIONEERS ACT 1914 (Revised—2026) Particulars under paragraphs 7(ii) and (iii) of the Revision of Laws Act 1968 [Act 1] LIST OF AMENDMENTS Amending law Short title In force from Ord. No. 319 of 1932 Under Section 5 of the Auctioneers Ordinance, 1914 31-12-1932 Ord. No. 10 of 1949 Auctioneers (Unification) Ordinance, 1949 25-04-1949 L.N. 449/1964 Modification of Laws (Auctioneers and Valuers) (Borneo States) Order, 1964 17-12-1964 L.N. 199/1965 Modification of Laws (Declaration of Federal Present Laws) (Sabah) Order, 1965 16-09-1963 Act A421 Auctioneers (Amendment) Act 1978 24-02-1978 LIST OF LAWS OR PARTS THEREOF SUPERSEDED No. Sabah Cap. 9 +DNFLSWD3HQFHWDN Title Auctioneers Ordinance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xx-xx-2026