Hi lowyatt members, is there anyone that have encounter this issue or can advice me on this matter?



Backstory:
I have recently sold my property and appointed a conveyancing lawyer (basically property agent's lawyer) to do the transfer to buyer.

I remember during the discussion, the lawyer provide me a form to fill indicating when to pay the agent fee/commission and there were 2 choices i.e. during the buyer's fulfillment of paying 10% of the sale amount OR during the bank's release of the balance sale amount of 90%. I selected to pay the agent after receiving the 90% sum.

In addition, during the signing of S&P at lawyer's office, I've notice the seller/vendor's address was my old address and inform the lawyer to change to new address.


Event that took place:
When the S&P was stamp and a softcopy was sent to me on October, I've noticed the vendor's address remains the old address.

While yesterday, when received the initial 10% from buyer, the lawyer also have deducted the agent fee.


My question is whether the solicitor can do whatever they like without informing me (the client) or do as they see fit and beneficial to the agent? Or is it a standard thingy?

There are some other minor issues such as not answering queries but is not as bad as the ones above.

If there is a problem here, where can I bring this matter to? To me is the matter of principle.

thank you for advice.

Your agent's fee payment is as per booking form or agency appointment letter. The lawyer CANNOT determine when to pay agent's fee. Is between you and the agent.

As for the address, is non issue. BTW you should insist is change b4 you sign the SnP.

This post has been edited by mini orchard: Nov 24 2020, 09:27 AM

Correct. If you have signed the appointment letter before with the REN or agency, most likely it's stated that the fees will be chargeable upon signing of SPA.

As for the address, you can ask the lawyer to amend it if you feel uncomfortable with the old address.

If ALL copies are intialled by buyer seller, amendment is not possible.

My question is whether the solicitor can do whatever they like without informing me (the client) or do as they see fit and beneficial to the agent? Or is it a standard thingy?

1) Check whether the lawyer is acting for you or acting for purchaser because normally agent will get "common solicitors" and this "common solicitors" actually acting for purchaser and not seller. If the lawyer is really acting for purchaser, kudos, the lawyer technically doesn't owe you any obligation. You can slap yourself for trusting the agent too much. If the lawyer is acting for you (as seller) then they cannot act without informing you unless it's matter of immediate action (ie matter of life and death).

If there is a problem here, where can I bring this matter to? To me is the matter of principle.

2) Well, the answer is similar to the above. Your principle is worthless if the lawyer is acting for purchaser as you have opted not to be represented in the sale and purchase transaction. If the lawyer is acting for you, you can always lodge your unsatisfactory grievance with bar council. Sila rujuk kepada pak cik google untuk maklumat lanjut.

I think the lawyer collected less than 10% from the buyer during the signing of the SnP. The agency fee would most likely be deducted from the earnest money kept by the agency which adds up to 10%.

Alternatively, there could be a clause in the agency appointment letter to authorised the legal firm to deduct agency fee from the 10% upon signing of SnP.

Do remember that a seller cannot change the term of fee payment after it has been agreed prior to signing of SnP unless otherwise.

thanks for the input, yes I did insist, the lawyer gave me this reason: Her staff didnt receive the notice to change from her manager (i.e. the PIC that I was with during signing of documents).
btw, I am the one request to deduct agent fee fr payment but was fr the remainder 90% fr bank not fr 10% by buyer. even fill a form indicating that.

This post has been edited by cintamani83: Nov 24 2020, 07:05 PM

thanks, that would be my next step if I didnt get a reply.

for my case, the solicitor request me to fill a form to choose either to pay agent using the 10% from buyer OR during balance of 90% by bank. I chose the later. The solicitor collected exactly 10% from buyer. The excuse she gave me was... "oh the 90% balance fr bank is for cases whereby deposit is low like 1k or 1.5k. Is this really a valid reason?

This post has been edited by cintamani83: Nov 24 2020, 07:03 PM

The lawyer made it complicated about paying agency fees.

Firstly, the lawyer should not be involved at all since is between you and the agent. You should have indicated you will handle the payment personally after collecting the 90% instead of giving authority to the lawyer.

Secondly, what is agreed between you and the agent in the booking form form or appointment form.

Thirdly, your agent didnt collect any booking fee when the buyer confirmed the purchase ?

Since is oredi being paid, no point arguing with the lawyer over it.

As for the address, do remember in future that if you want any info corrected on a document, INSIST on the correction b4 signing.

thank you

Who ask u stupid Use agent’S Lawyer? You Can reject. DO NOT EVER USE AGENT LAWYER. Alot alot Nonsense happen

I bet You do know the law and Kindly do not mislead Lay man

Sori boss I offended you.

Ready to receive LOD.

This post has been edited by mini orchard: Nov 27 2020, 06:17 PM

Offer your service boss ... attached name card here. I beiieved many here would like to engage your professional no nonsense services.

This post has been edited by mini orchard: Nov 27 2020, 03:31 PM

Lesson learned. thanks

Now I refer case to JBG.