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Hi, I'm Syed. My wife has bought an apartment in Kajang and it has been a liability to us for some time. We have engaged an agent to sell the property and he managed to get a buyer. The agent informed that he has engaged other agents and he heed to pay them as well and total commission comes to about 9%. Though the fees at high side, we have agreed since we badly need to sell the property. FYI, we have never met or deal with the third agent till todate. We are currently at the S&P agreement signing stage. However, we noted that together with the agreement, there was a side letter indicating release of the agency fees (90%) upon signing of the agreement. We have also noted that a clause in the S&P which says that in the event the contract cant be executed for whatsoever reason, then deposit paid by buyer needs to be fully reimbursed. Our concern now is that in the event if the contract don't get executed, how do I get the fees paid to the unknown agents to returned for reimbursement?
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2 Answers

<en>David</en> <en>Wong Lai Kwong</en>
First and foremost, you need to hire a lawyer to represent your interest in this S&PA. Your queries is not clear and perhaps in parts only.

I can only advise you on our Estate Agency Standards provided by the Board of Valuers,Appraisers and Estate Agents.

1. The first rule is it depends upon the terms and conditions of the agreement between the estate agent and the principal (Owner)
2. When there is no agreement, written or otherwise, then the fees are generallly due upon the creation of a binding contract (S&PA) subject to the following:-
a) If the S&PA is unconditional (freehold etc), the agency fee is due upon signing of the S&PA
b)If the S&PA is conditional(leasehold etc), the estate agency fee is due when the last of the conditions (eg. approval of consent to transfer from developer or land office etc) are met ie. when the agreement becomes unconditional.
c. Notwithstanding the above, the estate agent and the principal may agree to vary from the general rule and agree to specific terms and conditions on payment of fees.Such an agreement must be in writing. More info. www.lppeh.gov.my
In short, you only pay the agent provided the S&PA is signed by the Purchaser and an unconditional 10% is paid to you. You will waive this practice if you sign an agreement with the licensed agency that states different terms of payment.
David Wong
Principal
QUANTUM real estate Read More
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<en>Venise</en> <en>Tan</en>
Hi Mr Syed, I'm Venise Tan from The Roof Realty. I'm here to propose myself to assist you to market your properties. Do u hv any properties want to sell/ rent. Appreciate your reply. Venise Tan 0122310822  Read More
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