Can I Don't Pay The Seller Agent Commission (unethical Seller Agent)

[kewin 0]

this unethical agent from HSR who forced me to sign an agreement. The seller’s agent was from HSR. HSR agent told my agent that seller did not pay the full 2% and requested 1% from me. During, the first view of the house, the HSR agent should at least inform me that the seller did not give or pay less commission. During my second view, when I agree to it, HSR agent suddenly requested an extra 1% as during that time. My agent was pressured to let me sign this form and unconsciously I signed the agreement.

I on hold the payment till my last appointment on the 15 April 2008. I went straight to seller’s home without informing HSR agent just to find out the truth that I have doubted for months. The seller sprout out the truth that they give the HSR two percent commission. Can I don't pay this HSR agent any single cents as the HSR agent is currently giving me problem. In the initial stage, the seller agreed to move early provided some extra cash COV is given. I give the owner extra $1000 and insisted the seller to move out ASAP. Now I am play out as HSR agent told my agent that they want extension.

I have the evidence that we sign two OTP agreements. One is without the $1000 which my agent has kept it for evidence that we have not agreed upon to give extra money to ask them to move out immediately.

If this HSR agent want money, at least must help me settle the flat smoothly and without any worries but it turns out I have to be worrying everyday.

Can I don't pay this HSR agent any single cents as the HSR agent is currently giving me problem.

Edited May 9, 2008 by kewin

[zirhk3355 1]

Wait, you are paying your own agent and also the seller's agent (HSR)?

So you got two agents to represent you??

[kewin 0]

Wait, you are paying your own agent and also the seller's agent (HSR)?

So you got two agents to represent you??

My Agent is PropNet, this HSR is the seller one.

[zirhk3355 1]

So you signed whose commission agreement? Propnex or HSR? Or both?

I am quite confused when you say you got an agent, yet the seller's agent ask you to sign an agreement. Your agent should be protecting you on this.

The point is that if you already have an agent representing you (ie the Propnex fella) and you are paying him/her commission, there is no way the seller's agent (ie the HSR fella) can collect any more commission from you, unless you are saying that you actually signed two commission agreements.

Edited April 6, 2008 by zirhk3355

[delirious_jeff 0]

DON'T SIGN THE HSR AGENT COMMISSION AGREEMENT, if you have not done so!

Edited April 6, 2008 by delirious_jeff

[BunBun 5]

Erm, TS already state that the HSR agent forced him to sign an agreement which I assume is the agreement for the commission.

The question is if the agent deliberately forced him to sign an agreement in the knowledge(without TS's knowledge) that he is not supposed to do this technically. there could be a case for TS to not to pay him? Believe that Zirhk3355 or other experienced forumer can give better advice to this.

Edited April 7, 2008 by BunBun

[kewin 0]

I have send the HSR agreement which is seller commission form. During that time, when I about to sign the OTP, the seller suddenly say that she want 1.5% as she got other buyer who is interested. I ask my agent to go and talk to the seller's agent HSR.

They neg.. and the seller's agent HSR say 1%. I ask my agent but they refused. I really feel like not buying the house already, as the seller's agent HSR suddenly say this last minute. That seller's agent HSR know I show very keen interested in buying house. No choice, I buy the house as I really like the house. The house give me a kind of feeling that I feel like staying into my own house.

This seller's agent HSR, ask me to sign the commission form after the OTP been sign. But now, this seller's agent HSR give me alot of problem. She is delaying my movement and threatened that she will go HDB and extended. This seller's agent HSR threatened me and say that the owner will not turn up on the 2nd appoint which 15 april 2008 and ask for HDB extension and need not bared any cost. I am worrying and I keep calling my agent that what should I do? My agent from PropNet ask me to keep claim, as it is their fault as buyer did not agree to extend.

That seller's agent HSR somemore can tell my PropNet agent that they are moving out on 17th April and the lorry is coming. If cancel who will bear the $200 cost.

I am very angry and I really refused to give that seller's agent HSR the commission. If I refused to give, what must I do. Any advised. I just scared the seller's agent HSR might take legal action over my sign documents commission form. If the seller's agent HSR do the way properly and do not give me trouble, I will of course give the seller's agent HSR the commission willingly. But now they are creating problems.

I have filed a complaint in IEA but they replied this to me.

Dear Kewin,

"Please be advised that the agent concerned is not an IEA member. As such, we have no jurisdiction to investigate the complaint.

From your account of the case, it would appear to be a 'cheating' case and should be pursued under the Penal Code.

We wish to advise you that for your future real estate needs, you should engage an estate agent who is a member of IEA, and who has been issued a Practising Certificate. IEA members are required to abide by a strict Code of Conduct and Ethics, and they are also subjected to disciplinary action for any malpractice."

Regards

IEA Secretariat

on behalf of advisors

[delirious_jeff 0]

Since the seller is not a certified real estate agent, he is just representing the HSR. I dont know.

I think you should seek legal advice here. These people prey on our lack of understanding of the property law to take advantage of us.

[zirhk3355 1]

IEA is right; they only have the rights to investigate their own members. They are not a govt body. But though HSR or its agents are not registered with IEA, they surely must be registered with IRAS for housing agency licence, so that is an avenue you can seek.

Standard commission agreements state that you are to pay commission as they provide a service by representing you. In this case, you are ALREADY represented by Propnex agent, so how could you have TWO agents to represent you? Who will act in your best interest?

So pls, dun say things like "If the seller's agent HSR do the way properly and do not give me trouble, I will of course give the seller's agent HSR the commission willingly." They do not deserve the commission at all! Giving them commission is like dripping blood in a cave of vampire bats; the rest will all come out for more!!

NO! !!

So what to do now? My simple advice: Just go thru the 2nd appt and dun pay the commission lor. Drag the case, make it big, let them go to Small Claim Tribunal to claim against you. Let's see what argument can they put up. There is no legal costs, the most is you end up having to pay the commission lor, so no harm trying. But DUN GIVE UP WITHOUT TRYING!

[kewin 0]

I need advised.

I got this letter of tax invoice from Property Agency.

I have email the accounts to tell them that I will pay the payment but i would need an explaination and clarification what is the services render by this agent.

But I did not have reply from them.

What is my next step? Is it advisable for me to prepared to send to the newspress to see if got chance that it will be published and even to CASE. I mention early on, i will pay but I am just unhappy about the unprofessional services that this agent have given me and how my $1000 is con.

I just want to let many people know incase you got cheat or encounter similar cases like me. Furthermore, I cannot sleep in peace as I remember certain incident for my final inspection. I am feeling very depressed.

[zirhk3355 1]

I need advised.

I got this letter of tax invoice from Property Agency.

I have email the accounts to tell them that I will pay the payment but i would need an explaination and clarification what is the services render by this agent.

But I did not have reply from them.

What is my next step? Is it advisable for me to prepared to send to the newspress to see if got chance that it will be published and even to CASE. I mention early on, i will pay but I am just unhappy about the unprofessional services that this agent have given me and how my $1000 is con.

I just want to let many people know incase you got cheat or encounter similar cases like me. Furthermore, I cannot sleep in peace as I remember certain incident for my final inspection. I am feeling very depressed.

Just wait for their reply, dun be too depressed lah.

Call up the account dept and make sure someone got your email, get his/her name + contact and sit back to wait.

The point is, you are disputing the payment so of course you dun hab to pay anything until they get back to you. They would be more worried than you about the payment, so like I said, dun need to be depressed.

[l_club23 0]

Just wait for their reply, dun be too depressed lah.

Call up the account dept and make sure someone got your email, get his/her name + contact and sit back to wait.

The point is, you are disputing the payment so of course you dun hab to pay anything until they get back to you. They would be more worried than you about the payment, so like I said, dun need to be depressed.

Agree with zirkh, afterall, the money is still in your hands hehehe...

[deancarney 0]

Just wait for their reply, dun be too depressed lah.

Call up the account dept and make sure someone got your email, get his/her name + contact and sit back to wait.

The point is, you are disputing the payment so of course you dun hab to pay anything until they get back to you. They would be more worried than you about the payment, so like I said, dun need to be depressed.

Hihi,

Its the same case for me. Coincidentally, the agent is ALSO from HSR. (Hmm I wonder if we are talking about this same female agent who works in a couple huaband-wife team.)

In short, the story goes likes this:

I liked the place. The seller agent said the seller only paying them half comms so want us to pay a bit to them or they will not tell the seller our interest. Then they came back and said they received better offers and said that the only way is for us to pay them 1%. We were pressured into signing a comms agreement with them on top of my buyer agent commissions.

After i saw your post, i think its quite a prevalent thing. I didnt check with seller on the truth per se, but nonetheless i am quite certain it is unethical for them to ask me to pay them a comms.

Can anyone advise if i can actually not pay them even though we had signed a comms agreement? Note: they act for the sellers, why should i pay them?? But i am wary of the possible repercussions. These unethical agents know where i stay. This is my concern that they will do things to hamper my peace.

[richard3121sg 0]

Hi,

Just to share with you all my worst NIGHTMARE n FRUSTRATION with a HSR Agent. I sold my current flat A on 2 Sep 09 (signed OPT form) and bought another unit B from this BASTARD HSR agent on 24 Oct 09. Knowing that I need to rent a place after handing over my current unit A n waiting for the taking over of the new unit B, I discussed with the agent before signing the OTP form n he promised me the owner will hand over the keys n unit to me ON 1st appointment with Hdb which sounds good that I don't have to rent a place n move my furnitures 2 times.

When the agent n myself are discussing to request Hdb to bring forward the 1st appt date..he denied our promise n gave the reason as miscommunication. Saying the owner can only release the unit to me by end of feb or Mar 2010. We quarrelled over this issue n worst of all, he suggested I rent the unit from the owner while waiting for the transition period.

No black n white documents so I'm at the losing end coz verbally doesn't prove anything. I wonder whether our corresponding sms through our handphones can serve as evidence. Anyone who has this experience before kindly help me n advice on this, thanks a lot.

Friends recommended me to lodge a complain to his company n CASE. I wonder does this helps? 23 Nov 2009

[asoon88 0]

Hi,

Just to share with you all my worst NIGHTMARE n FRUSTRATION with a HSR Agent. I sold my current flat A on 2 Sep 09 (signed OPT form) and bought another unit B from this BASTARD HSR agent on 24 Oct 09. Knowing that I need to rent a place after handing over my current unit A n waiting for the taking over of the new unit B, I discussed with the agent before signing the OTP form n he promised me the owner will hand over the keys n unit to me ON 1st appointment with Hdb which sounds good that I don't have to rent a place n move my furnitures 2 times.

When the agent n myself are discussing to request Hdb to bring forward the 1st appt date..he denied our promise n gave the reason as miscommunication. Saying the owner can only release the unit to me by end of feb or Mar 2010. We quarrelled over this issue n worst of all, he suggested I rent the unit from the owner while waiting for the transition period.

No black n white documents so I'm at the losing end coz verbally doesn't prove anything. I wonder whether our corresponding sms through our handphones can serve as evidence. Anyone who has this experience before kindly help me n advice on this, thanks a lot.

Friends recommended me to lodge a complain to his company n CASE. I wonder does this helps? 23 Nov 2009

You made a serious mistake believing the agent that the seller will hand over his keys after 1st appt. The agent should have it written in black n white and signed off by you and the seller with him being the witness. Now it is your word against his. The seller can deny agreeing to any of this arrangement. As far as HDB is concerned, handover of keys should be during 2nd appt. Therefore, the agent's backside is covered.

I suggest that besides lodging a complaint to his company, hold back the comm payment. His company can send you demand letters but that is only as far as they can go. They will ultimately try to compromise with you, eg.less $1K or 1 mth of your rental incurred.