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When to transfer the deposit?

Hi Gurus,
Looking to rent an HDB recently, we don't have an agent and are looking for flats by ourselves. The agents of the landlord always ask us to transfer our deposit to the landlord first before they give us the TA. I find this practice strange as how would I know if I'm agreeable to the T&Cs before reading the TA? What if the deal is not closed? Will the deposit be refunded in this case?

They argued that they wouldn't want their time in TA preparation to go to waste if the contract were not signed in the end. But not closing the deal would mean everyone's time in viewing/providing for viewing goes to waste .... plus I'm sure they work on templates.

Please advise on what's the suggested procedures for renting a house, as we have encountered more than one agent who demands a deposit before TA, while we think the more transparent way is TA before deposit.
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3 Answers

Hi, usually when the agents ask you to transfer a deposit to the landlord before signing the TA, it is actually meant to be used together with a letter of intent. This deposit acts as good faith to the landlord that shows that you are willing to settle on this unit and will be choosing the unit. In the case that the landlord end up not renting the unit to you, the landlord will have to refund the deposit to you. Of course, you can assure the agent or the landlord that you are definitely renting the unit and submit a letter of intent along with the deposit so as to ensure that you are not subject to unagreeable terms in the tenancy agreement. There is actually a legal website that explains why deposit is given before the TA. you may read this up if you are curious, and of course if you are uncomfortable doing so, you may find a landlord who is agreeable to signing TA and giving deposit at the same time.

https://singaporelegaladvice.com/law-articles/letters-of-intent-property-rentals-singapore/

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Ironically, the ones who will be responding to your question are the ones you are not intending to pay the commission to for finding your rental unit. I am unsure if their reason for not wanting to waste time preparing the TA is true as this is definitely not the correct explanation.

If you are looking to represent yourself in this rental, you should actually be well verse in the entire rental procedure to take it on your own. I was just communicating with a prospective tenant too, without the intentions to appoint an agent to represent for the rental they are taking up, and met with a very tricky situation now.

In a typical rental process, when a tenant has shortlisted a property to rent, a Letter of Intent has to be put up to the Landlord, with a Goodfaith deposit to the landlord presented alongside the offer, where the terms and conditions the tenants have shall be indicated clearly in the Letter of Intent. The deposit refunds clause should also be reflected in the Letter of Intent. Should Landlord accept the offer, they will keep the Goodfaith Deposit and proceed to work on the Tenancy Agreement. Once Tenancy Agreement is signed, then balance payment of the advance rental and any additional deposits required will be made to the Landlord. It is like booking a hotel stay, where you pay some form of booking fees first to confirm the hotel stay, then check in at the hotel before you make further payments of deposits and etc before you go to the room. Any deviations from above that lead to successful closure of transactions are blessings, but once there is any dispute arising, the victims would probably regret not following these processes properly.

Especially for tenants who have prior experiences in renting here in Singapore with agents who did not go through the proper process, they'd think that the experience they have gone through is a standard process, which is often what I encounter when I am doing rental transactions.

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read this FOR MORE UNDERSTANDING :)
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