Date : 10 June 2002
TO : ALL REGISTERED VALUERS, APPRAISERS, ESTATE AGENTS, PROBATIONARY VALUERS AND PROBATIONARY ESTATE AGENTS
Dear Sir/Madam
Complaints And Appeals To Politicians And Ministers
In the course of carrying the practice of valuation or estate agency a registered person may feel compelled or directed to object, or appeal to or complaint against the decision of an authority or a person who is authorised to make a decision or even against the work of another registered person. In most cases this is normal and is within the ambit of the registered person to raise an objection or a complaint to the appropriate person or authority. These are situations when the registered person, to protect the interest of his clients and also to prevent the profession from falling into disrepute, ought to make complaints to the appropriate authorities. However this responsibility does not extend to making complaints to authorities far removed from the normal area of work.
In the practice of valuation it is common to find differences of opinion and divergence in value judgements. This is even more so when registered valuers carry out statutory valuations for whatever purpose. Under normal circumstances the statutes themselves lay down the procedure and processes for objections and appeals or other forms of redress for those who feel aggrieved. In such circumstances the registered valuer or appraiser must follow the stipulated procedures as found in the legislations or in the procedures adopted by the authorities for lodging complaints. The procedures will sometimes include prescribed forms and set time periods for such complaints. The registered valuer or registered appraiser must follow the procedures prescribed. Otherwise, he will have failed to discharge his professionalism adequately.
It has come to the attention of the Board that certain registered persons resort to complaints to Ministers and other political figures even before the legislative processes are exhausted. Complaints by aggrieved persons on the compensation under the land acquisition act are resolved under the land acquisition act itself. The procedures are clearly spelt out. Even when all the avenues provided have been exhausted there is still the rights under normal Civil law. Therefore, the Board does not see any necessity for registered persons to appeal to politicians or Ministers on valuation opinion or practice, or on matters of over valuations or under valuations. Matters of these nature should and ought to be resolved through the normal arbitration channels open that is through the courts of law or other bodies or authorities set up specifically to deal with them.
If the registered person was disposed to complain against the improper practice of a fellow registrant then he may do so to the Board and the Board will carry out the necessary investigations to ensure whether there is any merit in the complaint and if there is then proper disciplinary action will be instituted against the person who has been accused of perpetrating the offence.
The Board views the actions of registered persons who breach such accepted practices and conduct themselves unprofessionally very seriously. The Board is of the view that such actions are a clear indication of conduct unbecoming of a professional person and will constitute an action that brings the profession into disrepute.
Yours faithfully
LEMBAGA PENILAI, PENTAKSIR DAN EJEN HARTATANAH MALAYSIA
R.MAHALETCHUMI
Registrar
