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Posted on 26 Oct 2026
6
A real estate commission may look like a single number, but disputes often arise from the details that were never agreed. Who pays? When is payment due? Which services are included? What happens if the rental transaction is cancelled?
For owners, tenants and agents, discussing these questions before work begins is as important as agreeing on the rent or move-in date.
Commission commonly describes remuneration for introducing parties or helping bring about a transaction. Marketing expenses and ongoing property management are different services and should not be assumed to be included.
A brokerage agreement should identify the work, fee, payment conditions and any separately chargeable expenses. It should also explain whether renewal negotiations or post-letting assistance are covered.
Do not assume that one party always pays. Identify who has appointed the agent and agreed to the remuneration. Any separate tenant-side service fee should be explained directly.
Where remuneration is proposed from more than one party, disclosure, conflicts of interest and legal requirements need careful review.
The fee can be expressed as an agreed amount or a clearly defined calculation. For illustration only, if the parties agree on a fee equal to one month’s contractual rent of THB 20000, the resulting fee is THB 20000 before considering applicable taxes. This example is not a mandatory rate for rental transactions.
Specify which rental figure applies if the final rent differs from the advertised price or includes an introductory discount.
In general, brokerage remuneration depends on a contract being concluded as a result of the agent’s introduction or work. Conditions precedent may also affect entitlement.
This is different from the agreed payment date. Neither conducting a viewing nor receiving a reservation payment should automatically be treated as establishing the same result in every transaction.
Reservation money, security deposits, advance rent and commission are separate items. They should not be combined or deducted without clear authority and agreement.
If a tenant withdraws or breaches the lease, the commission outcome depends on the transaction’s stage, the cause, the agent’s performance and the agreement.
A later breach does not automatically mean all commission must be returned. Equally, receiving payment does not rule out a contractual obligation to refund it.
A clawback clause should identify the triggering event, refund amount or proportion, applicable period, supporting documents and repayment deadline. Obtain legal advice where the agreement or responsibility is disputed.
A change of tenant, corporate signatory or property should be recorded if it affects the work or fee. Renewal fees should not be assumed either way; check whether the original appointment covers renewal work and its remuneration.
Co-brokers should separately agree their roles, fee allocation, collection and onward payment. Their arrangement should not create undisclosed additional charges for the client.
Confirm whether the quoted fee includes applicable tax and whether withholding obligations arise in the particular payment. The answer depends on the parties and transaction; obtain accounting advice where needed.
Keep the appointment, fee agreement, introduction records, relevant communications, completed contract and payment evidence. These records help establish what was promised and what work led to the transaction.
Agentplus Thailand can present its services as real estate brokerage and property consulting, with rental coordination for homes and condominiums within its actual service scope.
Suggested company description: “Agentplus Thailand provides rental brokerage and property consulting services, with an emphasis on clearly agreed service scope, commission and transaction terms.”
Clear fees support better working relationships. Agree the payer, calculation, payment date, services and cancellation terms before the transaction progresses.
