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Knowing
what to ask and what to expect from your agent is the first step in protecting
yourself against illegal and misleading practices. Here are some tips on asking
your agent the right questions.
DETERMINE
WHETHER THEY ARE LEGAL AND REGISTERED AGENTS
If they
have been authorized to sell property, find out if they are legitimate agents
or negotiators. Ask for their name, agent/negotiator registration number and
their company.
Ask for
their Real Estate Negotiator (REN) number if they are negotiator and E number
if they are an agent. The company they are attached with would have an E number
as well.
Negotiators
are only allowed to work for one agency at any point of time. Beware of those
who claim otherwise. Some negotiators work for different firms which is
illegal.
Property
agents are only allowed to work on behalf of one party in the same property
transaction. This ensures that they are acting in best interests of their
client. Consequently, they are not allowed to accept a fee from both the buyer
and seller in a property deal.
ARE THEY
QUALIFIED TO REPRESENT THE OWNER?
Once you
have determined that he is legitimate, the next step is to find out how
qualified he is to represent the seller. Ask whether the agent has been appointed
by the owner to sell and whether he has met the owner himself. If he has, you
have the right to ask if he can bring the letter of authorization with him,
which he will need to have regardless of whether it is an exclusive listing. If
he says he has not met the owner, then be careful when dealing with him.
A good
agent should have basic knowledge of the property he is putting up for sales,
such as the size, the developer, whether it is a bumiputera or non-bumiputera
unit, and whether it is on freehold or leasehold land. Good agents should be
able to tell you everything you need to know, including the date of the last
renovation and whether the assessment and quit rent are up to date. They should
also be able to tell you the good things from the bad.
However, if
the agent is reluctant to provide these details, don’t write him off just yet.
Sometimes even an ethical agent may be unwilling to provide such details over
the phone as they are wary of unscrupulous agents posing as potential buyers.
Arrange for a viewing of the property to assess both the property and the agent
further. When you call an agent, they could be worried that you are another
agent attempting to fish for information in order to list the property as their
own, so sometimes they can’t give you full disclosure on the phone.
CO-AGENCY
AGREEMENTS ARE ENCOURAGED
In order to
obtain the best possible price for the seller and the buyer, it is common
practice for your agent to arrange viewings of the property with other agents
from the same company or from different companies.
It is the
agent’s duty to get the best price possible. Some are reluctant to do co-agency
because they want to get the full commission. That is unethical because your
duty is to get the best price or the best property possible for your client.
ANY MONEY
COLLECTED MUST NOT BE IN THE AGENT’S NAME
The
purchaser should always write out the cheque in the name of the agency rather
than the negotiator. When the purchaser buys something, the money should go
into a client’s account at the agency. This account is audited every year. It
is best to pay the companies as they are stakeholders. Also, allow your lawyers
to do necessary checks on the title of the property.
The
seller’s agent will keep the cheque and hold it in trust for the parties while
they prepare the necessary documentation needed. Don’t pay directly to the
seller. In case you have problems with your property, you may not able to get
your deposit back.
DO YOUR OWN
RESEARCH
Knowledge
is power, and this especially applies when dealing with agents whom you do not
know. Do you own homework to find out the value of the properties around the
areas and developments that you are interested in. This will provide a gauge of
what the market rate is and the issues that surround the area. If get a rough
guideline of how much certain sizes of units who want to go the extra mile can
enlist the services of a valuer.
It’s good
to engage a property valuer to check the true value of the home so that you
know the price you are paying is fair. If you taking a bank loan, bear in mind
that you can only obtain the loan amount based on the valuation report.
source from personal money magazine, september 2014 edition
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