Do You Think Agent Going To Sue Us?

[ylikethat 0]

before the tenancy agreement expired, both tenant and landlord terminated the contract, an agreement was drafted out, signed by both party and deposit returned to tenant. Prior to that, agent had been pestering both side to extend the contract but had made it clearly to him that both parties did not intend to extend and tenant wished to move out. Anyway, a new tenancy agreement was later drafted and signed by both tenant and landlord. Agent found out a month later and now pestering both sides to pay up the due commission.

What u think? The contract indicated that extension has to be made thru the agent and commission paid to agent BUT that contract was terminated.

Any kind soul able to advise?

[yoongf 11]

U have absolutely nothing to worry about. If the agent harrass u further, u can make a police report against them for harrassment.

[raincole 0]

since it is the agent who match the tenant and the landlord, any further contract will have to pay him commission.

furthermore, the agent did try to extent the contract.

[ylikethat 0]

agent already earned comms from both sides for the 1st year. In fact never do anything, just collect comms....everything was done by ourselves eg. updating of tenants records whenever there's any changes, even the initial online application was done by us.

contract TERMINATED cos both sides felt no point continue with the contract ....in short, no point continue the extension via the agent. New contract drafted by both sides.

[eiffel76 1]

before the tenancy agreement expired, both tenant and landlord terminated the contract, an agreement was drafted out, signed by both party and deposit returned to tenant. Prior to that, agent had been pestering both side to extend the contract but had made it clearly to him that both parties did not intend to extend and tenant wished to move out. Anyway, a new tenancy agreement was later drafted and signed by both tenant and landlord. Agent found out a month later and now pestering both sides to pay up the due commission.

What u think? The contract indicated that extension has to be made thru the agent and commission paid to agent BUT that contract was terminated.

Any kind soul able to advise?

u r exploiting a loophole..the new contract is de facto an extension, the subject is the same, the parties are the same, everything else is the same...so the agent is due his/her commission as all of you agreed in the original contract..

whether the agent did any work or is worth that commission is too late for you to comment now....you can either play hardball with him/her (at the risk of a formal claim from him/her company) or negotiate a smaller amount to close the issue..

[vowsh 1]

u r exploiting a loophole..the new contract is de facto an extension, the subject is the same, the parties are the same, everything else is the same...so the agent is due his/her commission as all of you agreed in the original contract..

whether the agent did any work or is worth that commission is too late for you to comment now....you can either play hardball with him/her (at the risk of a formal claim from him/her company) or negotiate a smaller amount to close the issue..

No need to be afraid of the agent. I have done this before.

Call the police if the agent harass you.

[yoongf 11]

A Tenancy Agreement is between landlord and tenant. An agent is not a party to the agreement. It will be interesting to see how an agent is going to persue a legal case against the landlord, without the friendly testimony of the tenant or the landlord.

[JustMortgage 0]

Even if the agent is a party to the agreement you could always cite non performance as the reason for termination of the contract since the agent has not shown any value-add in the course of the tenancy.

[ylikethat 0]

u r exploiting a loophole..the new contract is de facto an extension, the subject is the same, the parties are the same, everything else is the same...so the agent is due his/her commission as all of you agreed in the original contract..

whether the agent did any work or is worth that commission is too late for you to comment now....you can either play hardball with him/her (at the risk of a formal claim from him/her company) or negotiate a smaller amount to close the issue..

yes, have to agree that there's a loophole to the agreement. The so called 'extension' was made between both sides w/o the agent about 2 weeks after the contract was terminated and $ (deposit) returned to tenant. Its definitely interesting to note how they going to claim on this matter since the contract only stated 'extension'. Lets say tenants were to move out and weeks later moved back...does it mean both parties are still required to contact the agent, get agent to draft new agreement and both sides still need to pay agent commissions? A check was made with HDB and HDB had advised us that its not required to go thru agent since owners and tenants can do online filing all by ourselves.

[JustAsking 0]

In the laws of contracts, if a pervious contract has been terminated and a new contract made even between two same parites, all terms and clauses of the pervious contract has NO bearing on the two parties signing the new contract.

Although, some might called it unethical or loopholes to exclude the agent from getting another commision from the 'new contract', laws are laws.

To facilitate and removed any doubts, landlords should wisely chose to renew the contract after formally terminating the old. All written in 'black and white' would be useful, including termination agreement in written form. Creating a space of a few days, would also be useful before putting the actual beginning period of the new contractual period.

One of the most brillant reason(s) even if the agent were to go legal ( and he would not, as the agent will surely lose) used by landlords is : the tenant initally wanted to terminated and leave but changed his mind a few days after formally terminating the old contract and opted to renew!

But do make sure, if you want to be in the proper standing in the eyes of the law, you yourself as a landlord, has to obey all laws like renting out a approved unit if HDB, reporting your rental income to tax authorities etc.

As some agents being unsatisfied that they are ruled out of getting another commission, would try to 'make trouble' with the landlord for 'playing hardball with them!

Hope this helps.

[charemme 0]

haha, i wonder how far the agent would go to pursue legal for just a few hundred bucks of comn he have lost out.

The legal fee might well even be more than the comn.

In the previous agreement, there is no clause stating that tenant not allowed to rent from the same owner within 1-2yrs of terminating his service.

So if 1st agreement has been formally terminated. how is he going to pursue???

[Supersimon27 2]

Sorry , but i tot commision only pay on the 1st yr ?

Din know that every year need to pay the agent . Pay him for what . If any problem i dun think they will help also right

[ylikethat 0]

Hi all,

landords and tenants just received the proforma invoice from agent's company to pay up commissions and the commissions stated was same as the one paid for the previous year.

*the agent/company conveniently preceived that the rental amount was the same as 1st year.

[charemme 0]

Sorry , but i tot commision only pay on the 1st yr ?

Din know that every year need to pay the agent . Pay him for what . If any problem i dun think they will help also right

Comm is payable upon agreement renewal. That is if agent is still being engaged.

[yoongf 11]

Hi all,

landords and tenants just received the proforma invoice from agent's company to pay up commissions and the commissions stated was same as the one paid for the previous year.

*the agent/company conveniently preceived that the rental amount was the same as 1st year.

"Proforma invoice" simply means "draft". Legally means nothing, and do not have to worry at all. If u really get a Writ of Summons, mai tu liao, u go get Senior Counsel represent u to claim trial. The industry asking to bring cases to High Court let the whole world see their activities. If other party back down, they pay your SC fees. Nice hor.