Commission to Agent

[BoroBoy]

Doesn't help the OP but do the renewal fees have to go into the contract? If we agree to rent and the landlord is happy with the price being offered, and then before we sign the contract is it possible to ask the agent to remove the condition?

[zzm9980]

Doesn't help the OP but do the renewal fees have to go into the contract? If we agree to rent and the landlord is happy with the price being offered, and then before we sign the contract is it possible to ask the agent to remove the condition?

My TA has no such terms in it, but I suspect I signed a separate agreement with my agent.

If this was the US, I could make a strong case that the agent's representation was misrepresented to me as a requirement by the relocation company (and most likely win). But in Singapore, I'm SOL.

[Fmeu]

Hi all,

I have a similar scenario to the recent post.

'On 1st renewal of the lease, the Tenant shall/shall not be liable to pay further commission to the Estate Agent. If further commission is payable upon renewal, such commission should amount to half month's rent for 12 months.'

So my questions are:
1. if the renewal is done without the agent's involvement, would the clause be applicable still?
2. if so, what is the legal implication if you don't pay the commission? Technically, you are not using their service anymore for the renewal since you did the negotiation yourself.
3. is there any other way to continue staying in the same place with the same landlord without legally obliged to pay the commission?
4. if we extend contract less than a year, will the clause be applicable?

I feel that it is absurd expecting tenants to fork up the agent fees just because of renewal which we could easily sort it with landlords.

Appreciate everyone's input soon.

[beppi]

'On 1st renewal of the lease, the Tenant shall/shall not be liable to pay further commission to the Estate Agent. If further commission is payable upon renewal, such commission should amount to half month's rent for 12 months.'

So my questions are:
1. if the renewal is done without the agent's involvement, would the clause be applicable still?
If "shall not" in the above statement is crossed out and/or "shall" marked as valid, it is applicable and you have to pay.
2. if so, what is the legal implication if you don't pay the commission?
The agent can sue you and will win.
3. is there any other way to continue staying in the same place with the same landlord without legally obliged to pay the commission?
No legal way, but under the radar (with constant fear that the agent finds out) might be possible.
4. if we extend contract less than a year, will the clause be applicable?
No idea.

I feel that it is absurd expecting tenants to fork up the agent fees just because of renewal which we could easily sort it with landlords. I should add that the agent has been persistent in pursuing information with regards to continuation of lease.
I feel that it is absurd to sign a clearly worded and understood contract and later expecting it not to be valid or to get away with not fulfilling it.

Appreciate everyone's input soon.

[JR8]

No, don,t do it.

You reap what you sow (x125%)

Just my 2p

[Fmeu]

Dear all,

Thank you for your prompt replies. The 'shall/shall not' was not crossed out, but one would assume that the following sentence of ...commission payable..means its 'shall' pay.

[x9200]

Hi all,
'On 1st renewal of the lease, the Tenant shall/shall not be liable to pay further commission to the Estate Agent. If further commission is payable upon renewal, such commission should amount to half month's rent for 12 months.'

So my questions are:
1. if the renewal is done without the agent's involvement, would the clause be applicable still?

This clause is completely meaningless so it is like it was not there at all. If this is not specified (as you mentioned in another post) whether you should pay or not pay there is nothing that can force you to pay anything. Besides, the sentence: If further commission is payable .... What further commission? The further commission as per the wording you quoted would be for the 2nd renewal or some unspecified 3rd commission payment so this makes no sense whatsoever.

[x9200]

Dear all,

Thank you for your prompt replies. The 'shall/shall not' was not crossed out, but one would assume that the following sentence of ...commission payable..means its 'shall' pay.

[beppi]

If "shall/shall not" is not marked, the signing parties have not indicated which of the options they agree on, and thus none can derive any rights (e.g. for a payment) from this.

[JR8]

If "shall/shall not" is not marked, the signing parties have not indicated which of the options they agree on, and thus none can derive any rights (e.g. for a payment) from this.

I agree with x9 and beppi. If neither is struck through the clause is rendered meaningless.