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ERA says agent in flipping case done no wrong

besotted

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Better give your business to another agency, this kind of joker also got




http://www.straitstimes.com/Breaking+News/Singapore/Story/STIStory_329257.html

Home > Breaking News > Singapore > Story
Jan 22, 2009
Real estate firm sued
By Selina Lum

Mr Ang helped sell his clients' flat in Riverside Piazza (above) to his boss' wife, who soon resold it for a profit. He contends that he did nothing wrong. -- PHOTOS: LIANHE ZAOBAO AND DESMOND LIM

WHEN a married couple sold their downtown apartment for $688,000 in 2007, they thought it was the best deal they were going to find.
But soon after they granted the buyer the right to purchase the property, the two-bedroom Keng Cheow Street apartment was re-sold for $945,000.

It was only later that Mr Yuen Chow Hin and Madam Wong Wai Fan found out about the second deal.

They also learnt that the woman who bought their flat - and flipped it for a healthy profit - was married to the boss of their real estate agent.

The couple cried foul, and are now suing ERA Realty Network in the High Court, seeking $257,000 - the difference between the two sale prices - and the return of about $7,300 in commission.

They allege the company did not try its best to find buyers and made a 'secret profit' off the deal.

ERA disputes that and says the couple have no basis to sue it since the agent was not an employee but an independent contractor.

Yesterday, the hearing entered its third day, with ERA senior vice-president Marcus Chu taking the stand.

He denied that the agency earned any secret profits and said that the real estate agent, Mr Jeremy Ang, did nothing wrong.

Mr Chu said ERA agents are required to disclose the identity of the buyer only if that person is the agent or a member of his immediate family.

This was echoed by Mr Ang, who also took the stand.

Mr Yuen, 50, and Madam Wong, 48, hired Mr Ang to sell their apartment at The Riverside Piazza in June 2007. He told them he would advertise the property.

In early July, an offer came for $650,000. After negotiations, the couple granted the buyer, Madam Natassha Sadiq, an option - dated July 12 - to buy the flat for $688,000.

Meanwhile, Madam Natassha's husband - Mr Ang's boss - placed advertisements in the papers to sell the property for his wife.

On July 14, a buyer responded to an ad which asked for $945,106. Four days later, Madam Natassha granted the new buyer an option to buy the flat for $945,000.

Both deals eventually went through.

Mr Yuen and Madam Wong found out about the re-sale only after the Central Provident Fund Board asked them about the disparity between the selling price and the valuation submitted by the new buyer's banker.

Their lawyer, Ms Gan Kam Yuin, argued that ERA made little effort to get the best possible price for the flat.

She questioned why Mr Ang did not place newspaper ads for the couple. Mr Ang said calling up his regular clients, who included Madam Natassha, constituted 'advertising'.

Ms Gan argued that the firm had placed itself in a position of conflict of interest.

But Mr Ang said there was no conflict because the buyer was not himself nor his wife.

Madam Natassha and her husband, Mr Mike Parikh from ERA, are expected to testify today.
 

ahleebabasingaporethief

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Another "dirty" trick. Never trust Agents 100%.

Already mentioned before that many agents if they cannot get 100% and must co-broke and split commission, they rather sell the property to the buyer that they can claim 100% commission even if its a lower bid, rather than accept a higher offer and split their commission in a co-broke situation.

Isnt this the same Agency that recently been hiring has-been actors and actress?
 
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silverfox@

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Mr Ang helped sell his clients' flat in Riverside Piazza (above) to his boss' wife, who soon resold it for a profit. He contends that he did nothing wrong. -- PHOTOS: LIANHE ZAOBAO AND DESMOND LIM

WHEN a married couple sold their downtown apartment for $688,000 in 2007, they thought it was the best deal they were going to find.
But soon after they granted the buyer the right to purchase the property, the two-bedroom Keng Cheow Street apartment was re-sold for $945,000.

It was only later that Mr Yuen Chow Hin and Madam Wong Wai Fan found out about the second deal.

They also learnt that the woman who bought their flat - and flipped it for a healthy profit - was married to the boss of their real estate agent.

The couple cried foul, and are now suing ERA Realty Network in the High Court, seeking $257,000 - the difference between the two sale prices - and the return of about $7,300 in commission.

They allege the company did not try its best to find buyers and made a 'secret profit' off the deal.

ERA disputes that and says the couple have no basis to sue it since the agent was not an employee but an independent contractor.

He denied that the agency earned any secret profits and said that the real estate agent, Mr Jeremy Ang, did nothing wrong.

This couple got a very strong case.
The 1st agent Mr Ang basically didn't gave the seller the best price as the house was not "fully marketed". The agents knew the house was sold under-valued. If not in 4 days, it can't resale at 975K.

Actually the couple should get a better lawyer, because by sue-ing ERA, ERA could deny knowledge. Instead they should sue the Agent and the 1st buyer as well.
Pay a couple of thousands more, get a lawyer from a more reputable firm, this will shake them.
 

ahleebabasingaporethief

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This couple got a very strong case.
The 1st agent Mr Ang basically didn't gave the seller the best price as the house was not "fully marketed". The agents knew the house was sold under-valued. If not in 4 days, it can't resale at 975K.

Actually the couple should get a better lawyer, because by sue-ing ERA, ERA could deny knowledge. Instead they should sue the Agent and the 1st buyer as well.
Pay a couple of thousands more, get a lawyer from a more reputable firm, this will shake them.


Yes, original seller has a very strong case but must hire strong lawyer.

Hope the authorities also censor the agent and the firm for not doing "Full and Proper Marketing"
 

silverfox@

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Yes, original seller has a very strong case but must hire strong lawyer.

Hope the authorities also censor the agent and the firm for not doing "Full and Proper Marketing"

They should get someone from Drew & Napier LLC or Khattar Wong. They have quite strong lawyers there, and using strong lawyers sets out a message that you are serious in getting something out of it.
 

scroobal

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This couple got a very strong case.
The 1st agent Mr Ang basically didn't gave the seller the best price as the house was not "fully marketed". The agents knew the house was sold under-valued. If not in 4 days, it can't resale at 975K.

Actually the couple should get a better lawyer, because by sue-ing ERA, ERA could deny knowledge. Instead they should sue the Agent and the 1st buyer as well.
Pay a couple of thousands more, get a lawyer from a more reputable firm, this will shake them.
Completely agree.
 

tonychat

Alfrescian (InfP)
Generous Asset
Do business is to provide a service for the public, but there are selfish sinkies who earn money without adding in much value to the economy.

Beware of such uneducated people.
 

captainxerox

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the amt they want to get is $200K plus right? as long as they can still reap profit after lawyer fees etc then they have good case. lawyers now also know economy bad and will give competitive rates i presume
 

commoner

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1. Agent is not employee but contractor so company has no responsibility?

2. Boss wife, regular client. So it means that he sold many properties to the boss wife liao a? All flipping properties?
 

silverfox@

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1. Agent is not employee but contractor so company has no responsibility?

2. Boss wife, regular client. So it means that he sold many properties to the boss wife liao a? All flipping properties?

Actually, like I said earlier, ERA can refute that they have no knowledge because the ones committing these are the agents.

The secret profits are actually pocketed by the Agent Jeremy Ang, his boss Mr Mike Parikh and his wife Mdm Natassha.

And the $275K, they already got it few days after they issue a new option to the new buyer. They don't even need to wait till completion.

My guess is the agent got a buyer already on hand, and tempted the sellers to sell without revealing the right price and got his boss's wife to act as buyer, so that once option issued, they can sell to the buyer who offered the highest.

The buyer of the house should be called in as witness too. So that we will know what story was told to him/her by Mr Mike Parikh and Mdm Natassha.

ERA only gets a percentage of commission earned from the transaction of these property deals. Thus the seller must claim the secret profit from the agents involved and Mdm natassha while the recovering of the commission paid must deal thru ERA.
 

commoner

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Can the defendants claimed:

What to do? It has happened. Let's move on....

The sellers sell with their eyes open....
 

silverfox@

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Can the defendants claimed:

What to do? It has happened. Let's move on....

The sellers sell with their eyes open....

Don't think it is hard to shake this off.
The part is on the conflict of interest and the secret profit.

There was a case recently on the Nassim Hill bungalows.
Where a seller said he did not know the one who bought it was the neighbour and if he knew he would sell higher than asking as it was an adjacent land to his. This one would probably have no case as there was no intent of secret profit.
 

tima81

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there was a same case done by HSR agents last year, the owner actually went to complain MP and complain to CASE. The owners got back the commission they paid to the agent and the agent got sue for the dmg
 

silverfox@

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there was a same case done by HSR agents last year, the owner actually went to complain MP and complain to CASE. The owners got back the commission they paid to the agent and the agent got sue for the dmg

Actually Marcus Chu as SVP of ERA is right to say his agency ERA did not earned any secret profit. Because the secret profit was pocketed by the agents.

The couple should get a better civil suit lawyer to get back this money from the agents instead rather than biting on ERA's tail.
 
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