Registered address
Open ↗37.—(1) Subject to subsection (5), every licensee must have an address in Singapore (called in this section the registered address) to which all communications and all notices under this Act may be sent.
(2) The registered address must be stated in every application for the grant or renewal of a licence.
(3) Where an address ceases to be the registered address of a licensee, the licensee must within a period of 14 days starting on the date of the cessation, notify the Council in writing of another address to which all communications and notices may be sent.
(4) Where the Council receives a notification under subsection (3), it must cause the address mentioned in the notification to be entered appropriately in the register and thereupon that address is the registered address of the licensee by whom or on whose behalf the notification was sent to the Council.
(5) In the case of a company within the meaning of the Companies Act 1967, the registered office for the time being of the company is the registered address of the company for the purposes of subsection (1).
(6) A licensee who fails to comply with subsection (3) shall be guilty of an offence.
Appointment and duties of key executive officer
Open ↗38.—(1) An estate agent must appoint a key executive officer and must ensure that the key executive officer is responsible for the proper administration and overall management of the business of the estate agent, and the supervision of its salespersons.
(2) No person may be appointed under subsection (1) or continue to be appointed as such unless he or she —(a)
is not a salesperson or key executive officer of any other licensed estate agent and he or she does not hold a licence as any other estate agent; and
(b)
does not hold and is not an employee, a director or a partner of a person who holds a moneylender’s licence.
(3) A key executive officer must possess such qualifications and satisfy such requirements as may be prescribed.
(4) A key executive officer must carry out the duties mentioned in subsection (1) and must be contactable by the Council and salespersons of the estate agent at all reasonable times.
(5) If a vacancy occurs in the post of key executive officer by reason of the death, resignation or revocation of appointment of the key executive officer, the estate agent must —(a)
within one week of the key executive officer ceasing to carry out his or her duties — notify the Council of that fact; and
(b)
within one month of the key executive officer ceasing to carry out his or her duties — appoint another key executive officer in accordance with subsection (1).
Appointment of salespersons
Open ↗39.—(1) An estate agent must not appoint, associate with, employ or continue to employ as a salesperson any person who for the time being is not a registered salesperson.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction for each salesperson appointed, associated or employed in contravention of subsection (1), as the case may be.
Salesperson to act for one estate agent at any one time
Open ↗40.—(1) A salesperson may not be registered to act as a salesperson for more than one estate agent at any one time.
(2) A salesperson must not at any one time act as a salesperson for more than one estate agent.
(3) Any salesperson who makes any false representation (whether verbally or in writing or by conduct) to any person to the effect that the salesperson is employed by or authorised to act as a salesperson for any specified estate agent shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000.
Salesperson to operate under written agreement with estate agent
Open ↗41.—(1) A licensed estate agent must not cause or permit a salesperson to carry out estate agency work for the licensed estate agent unless an agreement in writing between that estate agent and the salesperson authorises the salesperson to carry out estate agency work for that estate agent.
(2) A salesperson must not perform or hold himself or herself out as entitled to perform estate agency work for a licensed estate agent unless an agreement in writing between that estate agent and the salesperson authorises the salesperson to carry out estate agency work for that estate agent.
(3) Any person who contravenes subsection (1) or (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both and, in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part of a day during which the offence continues after conviction.
Codes of practice, ethics and conduct
Open ↗42.—(1) The Council may prescribe or issue and publish one or more codes of practice, ethics and conduct under whatever name for estate agents or salespersons or for both estate agents and salespersons.
(2) A failure to observe a provision of any code that is prescribed or issued and published under subsection (1) may render the estate agent, the salesperson or both the estate agent and salesperson liable to disciplinary action.
Notice of certain events
Open ↗43.—(1) Where a licensee ceases to be engaged in estate agency work, the licensee must, before the end of a period of 31 days starting on the date of the cessation, notify the Council in writing thereof.
(2) Where a licensed estate agent ceases to appoint, associate with or employ a person as a salesperson, the licensed estate agent must, before the end of a period of 7 days (or such other period prescribed) notify the Council in a manner prescribed of the cessation.
(3) Where a company is a licensed estate agent and —(a)
a person is appointed as a director of the company; or
(b)
a person ceases to be such a director,
the company must, before the end of a period of 7 days (or such other period prescribed) starting on the date of the appointment or, where appropriate, the cessation, notify the Council in a manner prescribed of the appointment or cessation.
(4) Where —(a)
a licensed estate agent —(i)
becomes a member of a partnership; or
(ii)
ceases to be a member of a partnership; and
(b)
the partnership does, or it is proposed that it will do, estate agency work,
the licensed estate agent must, before the end of a period of 7 days (or such other period prescribed) starting on the date of his or her so becoming or ceasing to be such a member, notify the Council in a manner prescribed thereof.
(5) In addition to notification of the matters contained in subsections (1), (2), (3) and (4), a notice for the purposes of any of those subsections must contain such additional particulars (if any) as are prescribed for the time being for the purposes of this section which must be verified in such manner as may be prescribed.
(6) A licensee who fails to comply with subsection (1), (2), (3), (4) or (5) shall be guilty of an offence.
Keeping and submission of reports and documents relating to transaction record of licensed estate agents
Open ↗43A.—(1) The Council may, by written notice, require a licensed estate agent or a registered salesperson of a licensed estate agent to keep and submit to the Council a report containing the prescribed particulars of each property transaction completed by each client of the licensed estate agent and any supporting document.[24/2020]
(2) The report or document mentioned in subsection (1) must be submitted in the form and manner, and at the frequency and within the period, specified by the Council.[24/2020]
(3) Any licensed estate agent or registered salesperson who, without reasonable excuse, fails to submit a report or document required under subsection (1) in accordance with the specifications under subsection (2) shall be guilty of an offence.[24/2020]
(4) Any licensed estate agent or registered salesperson who, in compliance or purported compliance with subsection (1), submits to the Council a report or document containing any information which the licensed estate agent or registered salesperson (as the case may be) knows is false or misleading shall be guilty of an offence.[24/2020]
(5) For the purposes of this section, a property transaction is completed by a client of a licensed estate agent when, as a result of estate agency work done for the client (whether by the licensed estate agent or by a registered salesperson of the licensed estate agent), the client enters into any agreement for the acquisition or disposition of property, including —(a)
an option to purchase;
(b)
a sale and purchase agreement;
(c)
a tenancy agreement; and
(d)
a lease.[24/2020]
Estate agency agreement required as regards certain proposals and undertakings
Open ↗44.—(1) Subject to subsection (4), where an estate agent proposes or undertakes (whether or not for a commission or other fee) to perform estate agency work for a client, whether as regards a particular property or not, a right or other cause of action whereby agreed sums, damages or any other relief or remedy may be recovered or obtained in legal proceedings as regards the proposal or undertaking shall lie at the suit of the estate agent if, and only if —(a)
an estate agency agreement embodying the terms of the proposal or undertaking, being an agreement between the estate agent and the client which is in the form prescribed and which contains such particulars (if any) in respect of the proposal or undertaking as are prescribed for the purposes of this section has been entered into and, in the case of a written document, properly executed; and
(b)
the estate agent was a licensed estate agent at the time when the estate agency agreement was so entered into and executed.
(2) Subject to subsection (4), where an estate agent makes a proposal or gives an undertaking to perform estate agency work for a client as described in subsection (1), the agent is entitled to recover from, or to require the payment by any other person of, any amount in respect of any outgoing paid or payable by the agent as regards any acquisition or disposition of any property to which the proposal or undertaking relates if, and only if —(a)
an estate agency agreement between the estate agent and the client which is in the prescribed form and contains, in respect of the proposal or undertaking, such particulars (if any) as are prescribed for the purposes of this section has been entered into and, in the case of a written document, properly executed;
(b)
the estate agency agreement expressly provides for such recovery or reimbursement; and
(c)
the estate agent was a licensed estate agent at the time when the estate agency agreement was so entered into and executed.
(3) A right or other cause of action described in subsection (1) shall not lie at the suit of any person other than the estate agent within the meaning of this section by reason only of anything contained in this section.
(4) Regulations made under section 72 may exclude any class or description of estate agency work from the operation of subsections (1) and (2).
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
