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Property Agent Woes - need guidance

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fay12
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Property Agent Woes - need guidance

Postby fay12 » Wed, 17 Aug 2016 10:15 am

Hi,
I viewed this place which has no public transport in sight. Purely liked it coz it had the church close by. The advertised rent was high and I proposed reduction of $200 which was promptly agreed to by the owner through the agent.
I paid the 1 month deposit the next day and signed the letter of intent (biggest mistake of my life) and I didn't really go through it coz the agent kept saying oh there is no diplomatic clause.
The tenancy agreement was sent to me one week later (after so many messages to the agent).
I didn't agree to some clauses which again were replied to after a week so the agent threatened me that I can do what I want but the owner has a right to retain the rent as the LOI (the copy of which I still have to receive).
I went to the cop station, they didn't register my complain and said I have to seek my own civil action.
I contacted the CEA (government body governing the property agents - they said they dont entertain these requests and I should contact the company of the property agent.
Luckily the woman at the property agent company was helpful just a little, she asked me to write in. I did tell her that this agent will not respond promptly coz that the way he is.
Right enough, that man hasn't replied, my deposit is stuck, I have to move out by 28Aug'16 as the current landlord returning from overseas and needs the apartment.
Now the property agent's company is telling me to take my own civil action !!!
I am so confused what and where to do that ?????
Any tips from anyone -
Cheers, Fay

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PNGMK
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Re: Property Agent Woes - need guidance

Postby PNGMK » Wed, 17 Aug 2016 11:22 am

You need to use the small claims tribunal. It's not expensive and they support tenants. However the post is confusing. When did you move in? Is there a clause in the TA that allows the LL to cancel the lease? If not then you should seek compensation for being asked to move out. Please list the time line of events.
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Re: Property Agent Woes - need guidance

Postby fay12 » Wed, 17 Aug 2016 12:24 pm

PNGMK wrote:You need to use the small claims tribunal. It's not expensive and they support tenants. However the post is confusing. When did you move in? Is there a clause in the TA that allows the LL to cancel the lease? If not then you should seek compensation for being asked to move out. Please list the time line of events.

Hi PNGMK,
Thank you for replying.
I haven't moved in, was suppose to move in on 27Aug. Just paid the intial deposit to secure the place. I didn't sign any TA. The agent is the one who told me initially that if the terms are not agreeable then we can void the contract but now he is saying since I am voiding the contract I am loosing my deposit. Just spoke to the agent's company who is saying that they can't mediate as the agent is a free lancer registered with them however if I engage a lawyer and go legal against the agent then the company will reply to the lawsuit !!! so either ways I think I am loosing my deposit and really don't want that to happen :(((

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Re: Property Agent Woes - need guidance

Postby PNGMK » Wed, 17 Aug 2016 12:29 pm

1. Insist on moving in on the 27th and sign the TA.
2. If they don't allow then ask them to put in writing why not?
3. If the reason is "LL wants to cancel/move in" you now have you reason to request return of deposit.
4. You don't need a lawyer for Small Claims Tribunal. You fill out a form and explain the case. The magistrate will order your deposit returned. Of course the agent has the right to defend himself.
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Re: Property Agent Woes - need guidance

Postby fay12 » Wed, 17 Aug 2016 12:43 pm

PNGMK wrote:1. Insist on moving in on the 27th and sign the TA.
2. If they don't allow then ask them to put in writing why not?
3. If the reason is "LL wants to cancel/move in" you now have you reason to request return of deposit.
4. You don't need a lawyer for Small Claims Tribunal. You fill out a form and explain the case. The magistrate will order your deposit returned. Of course the agent has the right to defend himself.

Thank you, makes me feel much better.
But doesn't the Small Claim Tribunal take a lot of time to decide on these cases, as per their website, claims have a 22 days window period
Apparently the agent is very well versed with this and he did challenge me to go to court.

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Re: RE: Re: Property Agent Woes - need guidance

Postby ecureilx » Wed, 17 Aug 2016 1:11 pm

fay12 wrote:Thank you, makes me feel much better.
But doesn't the Small Claim Tribunal take a lot of time to decide on these cases, as per their website, claims have a 22 days window period
Apparently the agent is very well versed with this and he did challenge me to go to court.


More reason to take him to small claims court.

Plus report him with his threats to CEA.

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Re: RE: Re: Property Agent Woes - need guidance

Postby fay12 » Wed, 17 Aug 2016 1:30 pm

ecureilx wrote:
fay12 wrote:Thank you, makes me feel much better.
But doesn't the Small Claim Tribunal take a lot of time to decide on these cases, as per their website, claims have a 22 days window period
Apparently the agent is very well versed with this and he did challenge me to go to court.


More reason to take him to small claims court.

Plus report him with his threats to CEA.

Thank you ecureilx.
I am just beginning to feel that all these tenancy agreements are always in the favor of the landlords.
I have rented out for nearly 8 yrs now in Singapore but this the first time I saw a contract that has like literally written in invisible ink - the landlord will take all your money eventually :o

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Re: RE: Re: RE: Re: Property Agent Woes - need guidance

Postby ecureilx » Wed, 17 Aug 2016 2:02 pm

fay12 wrote:Thank you ecureilx.
I am just beginning to feel that all these tenancy agreements are always in the favor of the landlords.
I have rented out for nearly 8 yrs now in Singapore but this the first time I saw a contract that has like literally written in invisible ink - the landlord will take all your money eventually :o


My 2 cents, don't say anything to the agent. While filing for SCT, go to CEA as well. CEA has been acting on errant agents.

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Re: RE: Re: RE: Re: Property Agent Woes - need guidance

Postby fay12 » Wed, 17 Aug 2016 2:11 pm

ecureilx wrote:
fay12 wrote:Thank you ecureilx.
I am just beginning to feel that all these tenancy agreements are always in the favor of the landlords.
I have rented out for nearly 8 yrs now in Singapore but this the first time I saw a contract that has like literally written in invisible ink - the landlord will take all your money eventually :o


My 2 cents, don't say anything to the agent. While filing for SCT, go to CEA as well. CEA has been acting on errant agents.


Thanks ecurelix, I have stopped corresponding with the agent (he had the nerve to just disconnect when I was talking to him on Saturday)
However wonder how will CEA help coz Monday morning I called them but the lady who answered the fone said they don't entertain such issues and I need to take civil action.

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Re: RE: Re: RE: Re: RE: Re: Property Agent Woes - need guidance

Postby ecureilx » Wed, 17 Aug 2016 2:33 pm

fay12 wrote:
ecureilx wrote:
fay12 wrote:Thank you ecureilx.
I am just beginning to feel that all these tenancy agreements are always in the favor of the landlords.
I have rented out for nearly 8 yrs now in Singapore but this the first time I saw a contract that has like literally written in invisible ink - the landlord will take all your money eventually :o


My 2 cents, don't say anything to the agent. While filing for SCT, go to CEA as well. CEA has been acting on errant agents.


Thanks ecurelix, I have stopped corresponding with the agent (he had the nerve to just disconnect when I was talking to him on Saturday)
However wonder how will CEA help coz Monday morning I called them but the lady who answered the fone said they don't entertain such issues and I need to take civil action.

Send in a written complaint to CEA. They don't get your money back but will investigate the agent and possibly pull his licence.

Ensure your communication and all is clear.

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fay12
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Re: Property Agent Woes - need guidance

Postby fay12 » Wed, 17 Aug 2016 3:09 pm

Thanks ecurelix, will do that :)

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Re: Property Agent Woes - need guidance

Postby taxico » Sun, 21 Aug 2016 1:41 am

i'm sure on your LOI there are 3 words (or more) that says: subject to contract.

google is your friend. singapore law is based on english law.

as for tenants being powerless... this is not true during the negotiation stage.

my wife has successfully negotiated on her friend's behalf for a whole host of things...

diplomatic clause
no viewing until the last 2 weeks of tenancy
3 weeks grace for payment
decreased the tenant's liability for minor/major repairs (from $250 to $150)
a renewal option for 3, 6, 12 months

i could go on, but suffice to say, if you behave like you're an easy meal, you'll be treated as an easy meal.
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Re: RE: Re: Property Agent Woes - need guidance

Postby x9200 » Sun, 21 Aug 2016 7:31 am

ecureilx wrote:
fay12 wrote:Thank you, makes me feel much better.
But doesn't the Small Claim Tribunal take a lot of time to decide on these cases, as per their website, claims have a 22 days window period
Apparently the agent is very well versed with this and he did challenge me to go to court.


More reason to take him to small claims court.

Him? You mean the agent? The agent is unlikely a party to the OP. Also, the agent can not be used as a representative for the LL in STC. The OP has to sue the LL.

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Re: RE: Re: Property Agent Woes - need guidance

Postby x9200 » Sun, 21 Aug 2016 7:36 am

fay12 wrote:
ecureilx wrote:
fay12 wrote:Thank you, makes me feel much better.
But doesn't the Small Claim Tribunal take a lot of time to decide on these cases, as per their website, claims have a 22 days window period
Apparently the agent is very well versed with this and he did challenge me to go to court.


More reason to take him to small claims court.

Plus report him with his threats to CEA.

Thank you ecureilx.
I am just beginning to feel that all these tenancy agreements are always in the favor of the landlords.
I have rented out for nearly 8 yrs now in Singapore but this the first time I saw a contract that has like literally written in invisible ink - the landlord will take all your money eventually :o

Sorry, but this is only you who agree on a TA like this (if there is really anything bad in it). I am a tenant here for 15y and never accepted a TA I can not later handle. Despite what the agents (mostly the agents) say, this is completely up to you to shape the TA. If objections from the LL's/agent's side are to strong, I just walk away.

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Re: Property Agent Woes - need guidance

Postby taxico » Tue, 23 Aug 2016 11:07 pm

fay12 wrote:
PNGMK wrote:1. Insist on moving in on the 27th and sign the TA.
2. If they don't allow then ask them to put in writing why not?
3. If the reason is "LL wants to cancel/move in" you now have you reason to request return of deposit.
4. You don't need a lawyer for Small Claims Tribunal. You fill out a form and explain the case. The magistrate will order your deposit returned. Of course the agent has the right to defend himself.

Thank you, makes me feel much better.
But doesn't the Small Claim Tribunal take a lot of time to decide on these cases, as per their website, claims have a 22 days window period
Apparently the agent is very well versed with this and he did challenge me to go to court.


i believe it's 1 year... not 22 days. (i could be wrong about 1 year, but i'm pretty sure it's not 22 days)
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