(1) This Act may be cited as the Auctioneers Act 1914.
*(2) This Act applies to Sabah and the Federal Territory of Labuan only.
Act 879
Auctioneers Act 1914 (Revised - 2026)
Akta pelelong 1914 (disemak─2026)
An Act to regulate auctioneers in Sabah and the Federal Territory of Labuan.
Data synced
SectionsClick a number to jump; hover to preview the headingTap a number to jump to that section
(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.
(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.
(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.
*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.
(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.
The commission and fees chargeable by an auctioneer in respect of sales shall not exceed those set out in the Third Schedule.
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.
(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”.
(2) The sale shall not be binding when the owner of the property employs more than one person to bid for the same property.
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.
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
(b) Occasional licence for one day
(c) Occasional licence for each succeeding day
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.
(Revised—2026)
Cite this legislation
- Official citation
- Act 879
- Source
- lom.agc.gov.my
- Data synced
- Licence
- Official text, free to reproduce (Copyright Act 1987 [Act 332] s 3) ↗
Auctioneers Act 1914 (Revised - 2026) [Act 879] (Laws of Malaysia, lom.agc.gov.my). Retrieved via LawPlayer, https://lawplayer.com/my/act/act-879
This text is synced from lom.agc.gov.my. In case of any discrepancy, the official version prevails.
Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).