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agrudb

Hdb Rsale-agent Represnting Both Seller And Buyer

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Recetly i purchased a 4 rm HDB flat. At the time of OTP my agent told me that seller agent is not well so cannot come and he will handle everything.He keep on reminding me that he only represnting me only. But during our 1st appointment I Came to know from seller that the my agent only represting him.

i realised that why6 i cannot nogitae a better price with the seller(COV), PLUS the extension of the saty ,plus when i ask for a revaluation before exerciing the OTP my agent told me that seller agent didnt agree for this.

i have signed the 1% commison agreement with during OTP( i dodnt know that he is agent for bth that time).

Now..since he hide the fact that he represting both sides, can i take any action aganist him..? do i still need to pay him 1% comission as i signed on the agreement..?

Please help to advise.

 

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Recetly i purchased a 4 rm HDB flat. At the time of OTP my agent told me that seller agent is not well so cannot come and he will handle everything.He keep on reminding me that he only represnting me only. But during our 1st appointment I Came to know from seller that the my agent only represting him.

i realised that why6 i cannot nogitae a better price with the seller(COV), PLUS the extension of the saty ,plus when i ask for a revaluation before exerciing the OTP my agent told me that seller agent didnt agree for this.

i have signed the 1% commison agreement with during OTP( i dodnt know that he is agent for bth that time).

Now..since he hide the fact that he represting both sides, can i take any action aganist him..? do i still need to pay him 1% comission as i signed on the agreement..?

Please help to advise.

Existing law still allows one agent to represent both seller & buyer.

Need to fulfill what you've signed.

As to extension of stay, must understand that once completion (2nd appointment) you take over and responsible for everythings (pay instalment, property tax, utilities bills.....) No free luch in this world unless you granted.

 

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Recetly i purchased a 4 rm HDB flat. At the time of OTP my agent told me that seller agent is not well so cannot come and he will handle everything.He keep on reminding me that he only represnting me only. But during our 1st appointment I Came to know from seller that the my agent only represting him.

i realised that why6 i cannot nogitae a better price with the seller(COV), PLUS the extension of the saty ,plus when i ask for a revaluation before exerciing the OTP my agent told me that seller agent didnt agree for this.

i have signed the 1% commison agreement with during OTP( i dodnt know that he is agent for bth that time).

Now..since he hide the fact that he represting both sides, can i take any action aganist him..? do i still need to pay him 1% comission as i signed on the agreement..?

Please help to advise.

You need to read thru' all the documents.

At what stage of the purchase process you are in?

Why did you request for a revaluation of the valuation report? Was it because it was expiring?

What extension of stay are you referring to?

 

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think u can check with the various agents' institutes such as IEA, on whether the agent contravened on any code of conduct n ethics codes, and whether u have any recourse if he did.

to me, i feel he did. as he did not disclose to u fully and honestly that he was also acting for the seller. u could also charge that he misled you as he lied about the seller's agent (himself), as in, claiming the agent was ill, as well as did not agree to ur request for re-valuation, thereby impressing on u the notion that there actually was a separate agent for the seller, wherein there wasn't one. so to me, he acted un-ethically. whether his actions went against any code of conduct for a property agent, i don't know. and if he did, whether u have any legal recourse, i also don't know.

my best advice to u, if u like the unit and u feel price is reasonable, and request for extension is acceptable to u, den forget it. just blacklist this agent and spread the word to everyone u knw. and if u hv evidence to back u up, u can "announce" it on the net so others won't fall prey to his unethical tactics.

but if u object to any of the above, as in price, extension of stay, his failure to appropriately and adequately look after ur interests, den u better go check on ur available recourse, if any.

 

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Seller agent cannot choose, understand .... But how come you choose your agent without knowing his background meh ??

You though agrudb like you and me meh? Believed he/she is the first timer, just gong gong like you & me many years back......pay school fee to learn lessons lah, tio bo?

Edited by bepgof
 

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You though agrudb like you and me meh? Believed he/she is the first timer, just gong gong like you & me many years back......pay school fee to learn lessons lah, tio bo?

Agrudb,

You may wish to pen in writing about your situation in detail to the CEA ( Council of Estate Agencies). They are the new regulatory body for all qualified real estate agents .

http://www.thegovmonitor.com/world_news/as...stry-38681.html

The Council of Estate Agencies under the auspices of the MND , is currently registering all qualified agents by 22.10.2010 , and they would likely be able to help you since they have been entrusted the responsibility of protecting the interests of members of the public like yourself against unsrcupulous agents .

If you have the Agent's name card, please make a photocopy or scan and attach it with your letter.

Since the CEA will only start operations on 22.10.2010, you may write an email to IRAS directly , the address is on this link :

http://www.mnd.gov.sg/CEA/index.html

When a formal complaint like yours is lodged, they can then take action against the agent and the agency he represents.

Report this guy before he pulls another bluff on another innocent member of the public.

Please proceed.

Edited by rainforest
 

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I met with a really bad agent...

he cheated and lied to me... when i complain to ERA compliance.. they said they dont really care whether the agent lied or wat.. its not about right or wrong.. they just wanted to discuss how much commission im going to pay..

complain to IEA... MND... CEA..IRAS everyone play taichi....

Complain CEA.. they say not in operation.. they say call IRAS.. call IRAS.. they say agent is with ERA, ERA is accredited... they say call IEA...

IEA say.. agent himself not accredited.. nothing they can do..

sought help from CASE.. officer was nice... but nothing much she could help with..

so... pay $ to learn a lesson..

hopefully ur agent is accredited.. then perhaps.. ur complaint might work...

as for ur 1%.. i think high chance have to pay... i had proof of his lying.. (about the deal.. the COV.. etc).. no matter how i argued... ERA only gave me a small discount or else will take me to small claims.. CASE officer advised me.. go small claims.. got proof... oso wont really look at it.. whether he lied or cheated... no one cares... if he really did help u do paperwork.. find house... u signed the commission agreement.. u r bound to it.. regardless of his ethics.. will still have to pay..

in the end.. small claims is too troublesome.. have to take time off... go to small claims court... present case... so i settled...

if he is accredited.. at least a complaint gets him demerit points or black list or something...

if he is not... like mine.. too bad...

Edited by gohhuishi
 

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I met with a really bad agent...

he cheated and lied to me... when i complain to ERA compliance.. they said they dont really care whether the agent lied or wat.. its not about right or wrong.. they just wanted to discuss how much commission im going to pay..

complain to IEA... MND... CEA..IRAS everyone play taichi....

Complain CEA.. they say not in operation.. they say call IRAS.. call IRAS.. they say agent is with ERA, ERA is accredited... they say call IEA...

IEA say.. agent himself not accredited.. nothing they can do..

sought help from CASE.. officer was nice... but nothing much she could help with..

so... pay $ to learn a lesson..

hopefully ur agent is accredited.. then perhaps.. ur complaint might work...

as for ur 1%.. i think high chance have to pay... i had proof of his lying.. (about the deal.. the COV.. etc).. no matter how i argued... ERA only gave me a small discount or else will take me to small claims.. CASE officer advised me.. go small claims.. got proof... oso wont really look at it.. whether he lied or cheated... no one cares... if he really did help u do paperwork.. find house... u signed the commission agreement.. u r bound to it.. regardless of his ethics.. will still have to pay..

in the end.. small claims is too troublesome.. have to take time off... go to small claims court... present case... so i settled...

if he is accredited.. at least a complaint gets him demerit points or black list or something...

if he is not... like mine.. too bad...

It's not a lost cause you know. You can really take this up with Small Claims. I did that when I had a bad encounter with ERA agents. But you must really take action, don't just say only. Agents also don't want to waste time going to court, plus if they are in the wrong and they really lose the case, it will also look bad on official records.

For my case, I spoke to ERA (customer service), IEA, SAEA and no one could do anything for me. Talk until mouth dry also no use.

Since talking was of no use, I wrote to them explaining the whole episode in detail, saying why I wanted my $ back and my last paragraph was this - I hope that ERA will be able to resolve this matter professionally within the next 14 days, failing which I will lodge this case with the Institute of Estate Agents (IEA), Consumers Association of Singapore (CASE) and Singapore Accredited Estate Agencies (SAEA) Accreditation Board. (Btw, I wanted to get back 5K in commission paid)

And still they did not do anything.

So I filled in the Small Claims form and submitted it. Small Claims will contact both parties involved to appear in court (they will send each party a letter). Shortly after receiving the letter on when to appear in court, ERA contacted me to say that they are settling all this in private and ask me to withdraw my letter to Small Claims.

I think you have nothing to lose. Give it a shot. Don't let them get away with your hard earned money.

In case you want to get the form for Small Claims, you can find it here

http://app.subcourts.gov.sg/sct/page.aspx?pageid=4515

 

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It's not a lost cause you know. You can really take this up with Small Claims. I did that when I had a bad encounter with ERA agents. But you must really take action, don't just say only. Agents also don't want to waste time going to court, plus if they are in the wrong and they really lose the case, it will also look bad on official records.

For my case, I spoke to ERA (customer service), IEA, SAEA and no one could do anything for me. Talk until mouth dry also no use.

Since talking was of no use, I wrote to them explaining the whole episode in detail, saying why I wanted my $ back and my last paragraph was this - I hope that ERA will be able to resolve this matter professionally within the next 14 days, failing which I will lodge this case with the Institute of Estate Agents (IEA), Consumers Association of Singapore (CASE) and Singapore Accredited Estate Agencies (SAEA) Accreditation Board. (Btw, I wanted to get back 5K in commission paid)

And still they did not do anything.

So I filled in the Small Claims form and submitted it. Small Claims will contact both parties involved to appear in court (they will send each party a letter). Shortly after receiving the letter on when to appear in court, ERA contacted me to say that they are settling all this in private and ask me to withdraw my letter to Small Claims.

I think you have nothing to lose. Give it a shot. Don't let them get away with your hard earned money.

In case you want to get the form for Small Claims, you can find it here

http://app.subcourts.gov.sg/sct/page.aspx?pageid=4515

TIME TO SET THINGS RIGHT: CEA IS UP & RUNNING TODAY ;

THIS IS THEIR OFFICIAL WEBSITE TO MAKE COMPLAINTS REGARDING AGENTS WHO ARE UNSCRUPULOUS AND MISREPRESENT THEMSELVES AND/OR THE SALES TRANSACTION LIKE THE EXPERIENCES FROM THE ABOVE FORUMERS .

http://www.cea.gov.sg/cea/content/consumer...gcomplaint.html

FOR YOUR INFORMATION, ALL AGENTS ARE PROHIBITED TO COLLECT COMMISSION FROM BOTH SELLERS AND BUYERS WEF 15/11/2010. THEY ARE ALLOWED ONLY TO REPRESENT THE BUYER OR SELLER , LANDLORD OR TENANT , NOT BOTH.

ALL AGENTS WHO ARE LICENSED TO PRACTISE BY CEA WILL HAVE THEIR NAMES REGISTERED WITH CEA BY TODAY 22/10/2010. IF THEY APPEAR DUBIOUS , REPORT THEM STRAIGHT AWAY. IF THEY ARE REGISTERED ( THEY WILL HAVE AN ID TAG), AND STILL SUCK IN SERVICE , YOU CAN STILL REPORT THEM.

 

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TIME TO SET THINGS RIGHT: CEA IS UP & RUNNING TODAY ;

THIS IS THEIR OFFICIAL WEBSITE TO MAKE COMPLAINTS REGARDING AGENTS WHO ARE UNSCRUPULOUS AND MISREPRESENT THEMSELVES AND/OR THE SALES TRANSACTION LIKE THE EXPERIENCES FROM THE ABOVE FORUMERS .

http://www.cea.gov.sg/cea/content/consumer...gcomplaint.html

FOR YOUR INFORMATION, ALL AGENTS ARE PROHIBITED TO COLLECT COMMISSION FROM BOTH SELLERS AND BUYERS WEF 15/11/2010. THEY ARE ALLOWED ONLY TO REPRESENT THE BUYER OR SELLER , LANDLORD OR TENANT , NOT BOTH.

ALL AGENTS WHO ARE LICENSED TO PRACTISE BY CEA WILL HAVE THEIR NAMES REGISTERED WITH CEA BY TODAY 22/10/2010. IF THEY APPEAR DUBIOUS , REPORT THEM STRAIGHT AWAY. IF THEY ARE REGISTERED ( THEY WILL HAVE AN ID TAG), AND STILL SUCK IN SERVICE , YOU CAN STILL REPORT THEM.

In my resale hunt, I've encountered agents who rebuked me that they can always get their colleague to represent us even though we claimed that we are direct buyer and refused to pay their commission. This is especially obvious when we show great interest in the unit we'd view. So buyers beware and come 15-11-2010, let see if they are still persistent in their claims which is, whats "NORM" in HDB transaction.

 

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In my resale hunt, I've encountered agents who rebuked me that they can always get their colleague to represent us even though we claimed that we are direct buyer and refused to pay their commission. This is especially obvious when we show great interest in the unit we'd view. So buyers beware and come 15-11-2010, let see if they are still persistent in their claims which is, whats "NORM" in HDB transaction.

Previously , there was no regulatory body and no such rule against an agent collecting from both sides .

Now it is being made a regulation from 15/11/2010 and CEA has been empowered to enforce it. Otherwise MBT relentless talking can be no par keh one.

So it will be implemented rigourously now that there is a policing body... with constitutional powers.

 

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TIME TO SET THINGS RIGHT: CEA IS UP & RUNNING TODAY ;

THIS IS THEIR OFFICIAL WEBSITE TO MAKE COMPLAINTS REGARDING AGENTS WHO ARE UNSCRUPULOUS AND MISREPRESENT THEMSELVES AND/OR THE SALES TRANSACTION LIKE THE EXPERIENCES FROM THE ABOVE FORUMERS .

http://www.cea.gov.sg/cea/content/consumer...gcomplaint.html

FOR YOUR INFORMATION, ALL AGENTS ARE PROHIBITED TO COLLECT COMMISSION FROM BOTH SELLERS AND BUYERS WEF 15/11/2010. THEY ARE ALLOWED ONLY TO REPRESENT THE BUYER OR SELLER , LANDLORD OR TENANT , NOT BOTH.

ALL AGENTS WHO ARE LICENSED TO PRACTISE BY CEA WILL HAVE THEIR NAMES REGISTERED WITH CEA BY TODAY 22/10/2010. IF THEY APPEAR DUBIOUS , REPORT THEM STRAIGHT AWAY. IF THEY ARE REGISTERED ( THEY WILL HAVE AN ID TAG), AND STILL SUCK IN SERVICE , YOU CAN STILL REPORT THEM.

Hi all,

My fiance & I both signed the OTP before the announcement that an agent cannot represent both seller & buyer.

We didn't know that it would have been a conflict of interest that the agent is representing the sellers also. There were alot of issues that he sided with the seller. So now the 2nd appointment is end of this month, and we are suppose to pay him 1% commission when the transaction has completed (change of names for PUB, etc).

So would "ALL AGENTS ARE PROHIBITED TO COLLECT COMMISSION FROM BOTH SELLERS AND BUYERS WEF 15/11/2010. THEY ARE ALLOWED ONLY TO REPRESENT THE BUYER OR SELLER , LANDLORD OR TENANT , NOT BOTH." apply to us? The OTP was signed late October.

Thanks for any help ^^

 

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Hi all,

My fiance & I both signed the OTP before the announcement that an agent cannot represent both seller & buyer.

We didn't know that it would have been a conflict of interest that the agent is representing the sellers also. There were alot of issues that he sided with the seller. So now the 2nd appointment is end of this month, and we are suppose to pay him 1% commission when the transaction has completed (change of names for PUB, etc).

So would "ALL AGENTS ARE PROHIBITED TO COLLECT COMMISSION FROM BOTH SELLERS AND BUYERS WEF 15/11/2010. THEY ARE ALLOWED ONLY TO REPRESENT THE BUYER OR SELLER , LANDLORD OR TENANT , NOT BOTH." apply to us? The OTP was signed late October.

Thanks for any help ^^

Regulation effective from 15/11/2010

Your OTP sign on October.

No. This new rule is not apply to u.

The agent can represent both party.

BTW, change of names for PUB is just out of good will from the agent.

Some agent provide this extra services, some don't.

 

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Hi all,

My fiance & I both signed the OTP before the announcement that an agent cannot represent both seller & buyer.

We didn't know that it would have been a conflict of interest that the agent is representing the sellers also. There were alot of issues that he sided with the seller. So now the 2nd appointment is end of this month, and we are suppose to pay him 1% commission when the transaction has completed (change of names for PUB, etc).

So would "ALL AGENTS ARE PROHIBITED TO COLLECT COMMISSION FROM BOTH SELLERS AND BUYERS WEF 15/11/2010. THEY ARE ALLOWED ONLY TO REPRESENT THE BUYER OR SELLER , LANDLORD OR TENANT , NOT BOTH." apply to us? The OTP was signed late October.

Thanks for any help ^^

Does not matter whether it applies to u or not. Regardless of the ruling, if u are paying him commission, tt means YOU are his client, and he has to look after YOUR interests. if seller is also paying him, den he also has to look after seller's interests. tt's why there is a conflict of interests.

so in ur case, ruling or no ruling, since u're paying him comm, he has to look after YOUR interests. if throughout the deal, he did not do so, den u have 2 options.

1) no need to pay him commission. OR

2) pay him commission and then report him to the relevant authorities IF you have proof that he did not adequately or professionally, look after YOUR interests. Proof such as undesirable facts about the unit that he did not reveal to you before u made an offer, untrue or stories given to you tt are inconsistent with that which he gave to sellers etc etc.

If no such proof, den only option available is Option (1). However, did u sign any commission forms wif him? if no, den u can dun pay him, claiming conflict of interests for him if u pay him. dun let him smoke u wif this ruling saying its not effective for ur deal. Conflict of interests has always been there for agents who act for both parties. in any deal, any middleman who acts for both parties will always have to deal wif conflict of interests.

if u had signed a commission form wif him, den u got no choice but to pay him. however, again use this conflict of interest to negotiate a reduction in comm payable by u to at most 0.5%.

 

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