Independent Buyer 1% Commission To Seller Agent

[forgotten 1]

Yes. I manage to get official reply from propnex... They have lower the agent fees to 1.5k instead of 4k... still in negotiation stage for the amount...

I receive calls from seller saying that agent said we complain about seller sold @ high COV and now we dun wan to pay her agent fees... lolz.. what a lie from her... Lucky, seller have my number to clarify this....

You are lucky that your seller's agent still submitted your resale application and didn't block your sale.

One seller's agent threatened us that he would block our sale if we refused to pay him 1% commission. In the end, we engaged an agent to represent us and paid her 1% commission. At least, I know her stand will be on our side instead of the seller.

I support the law of 1 property agent can only represent 1 side in the sale. Hope it will be implemented soon.

Edited March 12, 2010 by forgotten

[tnqhome 0]

You are lucky that your seller's agent still submitted your resale application and didn't block your sale.

One seller's agent threatened us that he would block our sale if we refused to pay him 1% commission. In the end, we engaged an agent to represent us and paid her 1% commission. At least, I know her stand will be on our side instead of the seller.

I support the law of 1 property agent can only represent 1 side in the sale. Hope it will be implemented soon.

My transaction was completed end of Jan.

Besides, agent will not have the power to block the transaction if all the documents have been signed. After all, they are just representative/ helper for the whole transaction, if she block the transaction then meaning seller void the agreement???

My agent also threatened me that she will bring me to the court due to accusing (I said she try to hold our valuation report and try to get commission from our bank loan agent.). And bring seller to the court due to he called the agent liar... lolz... I wonder which court she refer to... Think is "Courts" located in Tampines.... lolz..

Edited March 13, 2010 by tnqhome

[bepgof 20]

Read today ST's front page, HDB takes against agent cum owner. He himself a member of Institute of Estate Association, yet foul the rules. Where is the "standard" of agent !

Hope this case aware IEA and quickly come out something positive to make a healthy mkt with "healthy agents".

To me, agents = typical salemen. They use their "big mouth" to make a living by:

-Say what their customers like to hear

-Hiding important facts/disadvantages far far away/hehind from client

-Failing to observe rules

-Telling lies without eye blinks

-Make empty promises

-Act blur

-Use "sweetener" to hook "toad"

-Last but not least, when find client would'nt hook - threatening!

What else they can use?

Edited March 13, 2010 by bepgof

[aida81 0]

Wow congrats at least worth the effort yah, if you dont mind can you share with me how u go abt it.. the letter format etc..< i really need it, if let say he refuse to budge on his commission.and if u dont mind plsssssss....but for yr case there is no proof of commission agreement right?

Yes. I manage to get official reply from propnex... They have lower the agent fees to 1.5k instead of 4k... still in negotiation stage for the amount...

I receive calls from seller saying that agent said we complain about seller sold @ high COV and now we dun wan to pay her agent fees... lolz.. what a lie from her... Lucky, seller have my number to clarify this....

[aida81 0]

Read today ST's front page, HDB takes against agent cum owner. He himself a member of Institute of Estate Association, yet foul the rules. Where is the "standard" of agent !

Hope this case aware IEA and quickly come out something positive to make a healthy mkt with "healthy agents".

To me, agents = typical salemen. They use their "big mouth" to make a living by:

-Say what their customers like to hear

-Hiding important facts/disadvantages far far away/hehind from client

-Failing to observe rules

-Telling lies without eye blinks

-Make empty promises

-Act blur

-Use "sweetener" to hook "toad" eh dont say toad leh say fish hehehee

-Last but not least, when find client would'nt hook - threatening!

What else they can use?

Agree!!! and I am one of the one who always falls for sweet talks..and difficult to say no, a lesson learnt , serve me right to enter into this mess.. Terence why dont u represent us write to hdb or ST forum page..

[tnqhome 0]

Wow congrats at least worth the effort yah, if you dont mind can you share with me how u go abt it.. the letter format etc..< i really need it, if let say he refuse to budge on his commission.and if u dont mind plsssssss....but for yr case there is no proof of commission agreement right?

I just drop the legal team email... The email as below...

For our case, we didn't sign any commission agreement.. I think this is the reason why she willing to lower the amount...

My letter to propnex...

1. We are walk-in buyers for the mentioned unit.

2. First meeting with the agent is during the negotiation of the purchase, on the day of the walk-in (XX-XX-2009); and she is acting as sellers' agent negotiating for higher COV (from our offered XXk to the sellers' request of XXk). Note that the agent has waited crossing the stated viewing timing (3-5pm), while waiting for other higher offer, before allowing us to sit down to close the deal. Option to purchase was then prepared by the agent for both party to sign.

3. In the period of option exercising, me & my partner have individually proceeded with our bank loan application, getting the letter of offer, home insurance application, and engagement of lawyer, without the aid of the agent.

4. Second meeting with the agent is for collection of the evaluation report, on XX-XX-2009; since the agent did not want to pass us the evaulation report on the first meeting (though we have issued a check for the purchase of the evaulation report); and we need it for the loan application..

5. Third meeting with the agent is for the option exercise completion (on XX-XX-2009), where we handed over the relevant documents, as per stated in the option to purchase.

6. Last meeting with the agent is the first appointment, where we got to wait for the agent around 40mins from the arranged meeting time. Documentation preparation were all done by us, going through the checklist from the lawyer firm.

7. For the final stage of the purchase process, it is handled by the lawyer firm.

In summary view, real assistance from the agent is limited to the very basic of filling in the option to purchase and submission of the documents to the hdb, which by default the sellers' agent should do in basic.

Me & my partner did engaged other agents in search of desired unit for purchase, but we ended up finding the purchased unit with our own effort. Thus, they missed the chance of earning the commission from us. Those will be the efforts or assists that a buyer agent should provide, in lieu for the 1% commission.

As a conclusion, we do feel a incorrect billing of invoice. Not to mention as well: clause stated in the invoice is requesting payment by the first appointment, but the date stated in the invoice is on our completion date. I would believe the template is designed with an appropriate flow for billing. Similarly, Propnex should have appropriate agent fees agreement process to prevent any dispute as such.

Please review your internal process control, to ensure only appropriate charges are passed to us customers.

[tnqhome 0]

Agree!!! and I am one of the one who always falls for sweet talks..and difficult to say no, a lesson learnt , serve me right to enter into this mess.. Terence why dont u represent us write to hdb or ST forum page..

I called to several government departments about this "LAW"......

They cannot do anything but just wait until the government implement IT... Some even advice me to pay the commission as I have "used" the agent service... I called to CASE too, they just said will try their best to nego ON BEHALF of us...

I think you can complaint to Singapore Accredited Estate Agents Ltd (SAEA) http://www.saea.org.sg/contact_us-page.htm , at least they said will try to investigate... But they are not in position to give legal advice...

For me, if the company cannot give me a satisfied answer, then I will go for SAEA... Then seek advice from Town Council for free consultation of legal advice... I have been told some of the town council have that kind of service...

Edited March 15, 2010 by tnqhome

[aida81 0]

I did call to several government department about this "LAW"......

They cannot do anything but just wait until the government implement the IT... Some even advice me to pay the commission as I have "used" the agent service... I called to CASE too, they just said will try their best to nego ON BEHALF of us...

I think you can complaint to Singapore Accredited Estate Agents Ltd (SAEA) http://www.saea.org.sg/contact_us-page.htm , at least they said will try to investigate... But they are not in position to give legal advice...

For me, if the company cannot give me a satisfied answer, then I will go for SAEA... Then seek advice from Town Council for free consultation of legal advice... I have been told some of the town council have that kind of service...

Thanks Tng, I really appreciate it.. i dont know how to thank u more.. for my case I dont even know whether i sign the comm agreement letter .. i saw he drafted a blank paper whereby he said its all the cost we nd to pay.. and he mention its just a draft and will copy and pass to us. he made us sign it.. we do coz he said this is just a draft. .. comm agree shd be in a standard form rather than blank paper..if not its like blackmail already.. anyway he did not reply me yet, when he can pass the docs, so called pro service...

[bepgof 20]

You have absolute right to ask agent to produce u a copy of receipt, OTP doc, comm letter....for your safe keeping.

1. Ask agent to produce u the "commission letter" where u've signed. Do not sign the "typed" letter from "drafted" letter.

2. If you have signed the comm, I suggest u to

2a- pay him the mentioned comm

2b- ask him to forget the comm, but give him a angbao, say $500. If he rejects this, then 3c

3c- Do not pay him the comm, told him the "comm letter" was signed under "undue influence"- misled to sign against your intention.

Challenge the agent to take u to small claim court (<$10,000) and stress to him you will repeat 3c in front of the panel of inquiry.

Edited March 14, 2010 by bepgof

[bepgof 20]

Agree!!! and I am one of the one who always falls for sweet talks..and difficult to say no, a lesson learnt , serve me right to enter into this mess.. Terence why dont u represent us write to hdb or ST forum page..

Thank you for "seeing me up": ha ha, take this: History repeats itself everyday, every moments. As bible says: "Nothing new under the sun".

- ST forum has repeatedly reported these and HDB has promptly replied these. Question is : Over time, new comers don't know this & fall into traps set by agents.

- Police handle only criminal case, no commercial breach or trust. "undue influence", can result to "misrepretation" which can lead to criminal intention. What exactly I intend to say is: make a police report to say you were under undue influence of quickly to process the transaction and therefore misrepresented to sign the commission letter whereby you were not intended to pay such as you walked in to view the flat, not under any real estate agent. Show him the PR and challenged your agent to bring u to whatever Court.

In reality, many things can not be taught/learnt in schools, have to learn through "hard way" by paying expensive fee. I have paid such many times before and now a bit more "wise" and also becoming very stingy to pay......I wrote to many gov departments before, ST, SM, LHZB....etc, now I do not waste my bullets, but making sure: one bullet kills.

Edited March 14, 2010 by bepgof

[tnqhome 0]

Thanks Tng, I really appreciate it.. i dont know how to thank u more.. for my case I dont even know whether i sign the comm agreement letter .. i saw he drafted a blank paper whereby he said its all the cost we nd to pay.. and he mention its just a draft and will copy and pass to us. he made us sign it.. we do coz he said this is just a draft. .. comm agree shd be in a standard form rather than blank paper..if not its like blackmail already.. anyway he did not reply me yet, when he can pass the docs, so called pro service...

You're welcome...

Agents are good in threatening.... My agent told me we have signed the comm agreement too.. after all, she not able to prove that we have already signed it... Initially, we do scare she let us sign on blank paper without our notice as comm agreement... However, we still decide to bring up the issue to their legal department as we have prepared for the worst outcome... Worst outcome will be we have to pay the 1% comm, not more than that...

Agent will be annoyed by the investigation process if he/she not able to prove that the client signed the comm agreement, then they will lower the comm...

Edited March 15, 2010 by tnqhome

[Plastic3 0]

The Agent should have told y'guys about the 1% fee before any paperwork was done...

[aida81 0]

Thanks all

Saw the COmm agreement I've signed. honestly its actually misleading, coz I really tot its part of OTP, now that its proven that I've signed no other way out.

but they advised me, to write in to the company legal dept. On their part they cannot do anything.

bepgof, Im planning to write in nicely under ur no 2a, but ask to waive some fees..haiyah got chance or not. I cant afford to pay legal fees lah ..money not enuff.. and not has daring as u

they highlight to me again, its like u enter a shop, u like something u bargain with the seller, not the seller ask you want discount or not. but to us this is service!! that we dont see .. haiyah no matter what i say also wont make any sense liao.. they have the black and white. which totally shuts my plan out..

Mr Plastic, I can say they are quite sneaky, taking advantage of me 1st timer, lack of knowledge in buyin property, but I blame myself for not being careful, but a good agent will definitely highlight right.. mine dont even say it.. how to start bargaining? any advise Mr Agent ?

Edited March 15, 2010 by aida81

[bepgof 20]

Unlikely that the agency will give u any "sweets". I suggest , in your letter, do not use such words "I thought....", instead use such " I was misrepresented into signing the commission agreement, as part of the OTP document....." . Anyway, ask yourself it is worth fighting for 1% comm? A real story on me about furniture:

Last yr May, at furniture mall (Geminis Lifestyle), beach rd, one shot ordered 2 sets of full-teak day beds ($1,500x2), & 1 set customised full-teak tv console, 8 ft long (no joint)($,2800), to be delivered mid Jan 2010. Deposits paid and no delivery charged stated in sale order. Eventually what happened? Many calls followed, many empty promises, the paint not dry, coating not dry, called me 10 min later, .....actually they forgot my order. The TV console is customised to fit into the feature wall/TV/sound bar...I was YYY, no choice delay the reno a bit & expedite the console making. Finally, one fine day, saw/touched the 8-ft console at my lift entrance and 2 hr later, they took back!!!!!!!! Could not go into lift and delivery team no manpower to carry up to 23rd floor! After much exchanged of "words" over the phone, I gave in and paying extra $100, so 4 men carried the console up to 23 fl. Day beds what happened? Never mind can wait, we sleep on floor for 2 weeks! Never mind, What time these 2 teak beds reached door step? Almost 12pm mid night!

I threaten to cancel order, to bring to case, to go to smc...Al,l these take time/energy/..., finally decided to pay $ and let matter rests. Don't know who will be the next "Toad", remember don't go to "Geminis Liftsytle"- Dear Mr Lim & Patrick sure remember me for life.

Edited March 15, 2010 by bepgof

[Plastic3 0]

Mr Plastic, I can say they are quite sneaky, taking advantage of me 1st timer, lack of knowledge in buyin property, but I blame myself for not being careful, but a good agent will definitely highlight right.. mine dont even say it.. how to start bargaining? any advise Mr Agent ?

I can't comment whether they intended to "cheat" you, I know some Agents assume all buyers know about the 1% fee standard so some may forget to tell you, personally I always tell my clients before any negotiations/paperwork...

Since they have black and white, it is very hard to "bargain" with them...the only acceptable reason is that the person signing the contract does not understand english....other than that i'm sorry to say it is really up to the Agent/Agency whether to lower the commission for you..

Edited March 16, 2010 by Plastic3