Ok the first thing you must always remember is that in
Singapore, COMMISSION payable to agents are NOT COMPULSORY. How
much to pay in each transaction is pretty much a negotiation
between the 2 parties. One year rental = 0.5mth commission pay
out
Two year rental = 1 mth commission pay out - These are guidelines
but no hard and fast law. If you want to bargain, you can tell him,
I like this apartment, I can sign LOI immediately but I only
willing to pay 0.75 mths of commission for 2 yrs lease. If agent
accepts, then its an agreement.
Whatever agreement the agent made you sign is a result of any
negotiation between you and him. For example, the agent tells you
that if he is able to lower the rental for you by a certain amount,
but you may want to reward him with another $1000 in commission on
top of the agreed amount earlier, and if you agree to that, he can
put that into an agreement and let you sign. So its similar to any
renewal commission, you can agree to or disagree to (I have put in
a reply on that above). Hope that is clear.
1. What is the meaning of 1 +1
year rental?
Do we pay the agent base on 1 year commission or
2 years com?
This I am not so sure whether you are referring to a ONE year
rental with an option to renew for another year or the Diplomatic
Clause. If your rental is 1 year, you pay for 1 year commission
even if there is an option for renewal. Again, remember,
COMMISSIONS are negotiable as with RENEWAL commissions.
2. If tenant sign a 2 yrs lease
and break the contract within a year, is the responsibility
for the agent to look for another tenant for me FOC since I already
paid him the commission ?
Under the tenancy agreement, the tenant must compensate the
Landlord for the commissions paid. In the TA, there is usually a
reimbursement policy saying that the LANDLORD has already paid 1
month commission (or whatever amount agreed) for a 2 years
agreement but if the TENANT for whatever reason cancels the
agreement before the contract is up, the LANDLORD has the right to
demand reimbursement from the TENANT for the pro-rated commission.
The agent usually is not liable in this case as they would never
know whether the TENANT will break the contract or not and they
will usually let u sign a waiver of reimbursement to protect
themselves. I think this is fair as it is the TENANT who breaks not
the agent who breaks it.
3. How much is the standard
practice for the tenant to put down the deposit for 2 yrs
lease?
Usually there is the Booking Deposit which is one month's rental
and once you paid this and LOI, the LANDLORD cannot rent the place
to another party. This Booking desposit can be used as an advanced
rental after your TA is signed. There is also the Security deposit
which is usually one month for every year you lease. So 2 yrs 2
months. This is only payable when the TA is signed. This will be
returned to you once the TA expires but Landlord can deduct
whatever spoilages that occurred during your stay.
4. What is the best lease tenture
? 1 yr? 1 +1 ? 2yrs? 2 + 1?
No such thing as best tenure. Of cos, LANDLORDS AND AGENTS
always wished for 2 years while TENANTS want to minimise their risk
to 1 year.
5. Must tenant pay the agent
commission as well?
If the tenant engaged an agent to help him look for an unit, of
cos he should. But if he is a walk in tenant, meaning the
LANDLORD's agent advertised on newspaper and the TENANT called up
without the help of any agent, he can refuse to pay the LANDLORD's
agent any commission. The LANDLORD's agent will ask for commission
but the TENANT can refuse. However, we have seen cases of UNETHICAL
agents who give priority to TENANTS who are willing to pay
commissions although in my opinion, they do not deserve it in this
case.
ALL IN ALL, agents in Singapore are fine but to me there are
many unethical ones too. But as TENANTS and LANDLORDS, lets be also
reasonable and give the honest man what he deserves. I have seen
many LANDLORDS and TENANTS bargaining and taking advantage of
agents who are desperate to close the deal. At the end of the day,
most agents just want to earn a living so lets be fair and pay what
is due.