Suspension or revocation of estate agent’s licence
54.—(1) Subject to the provisions of this Act, the Council may suspend an estate agent’s licence for such period of time as it thinks fit, or revoke the licence at any time.
(2) The Council may suspend or revoke an estate agent’s licence if —(a)
the relevant licensee has ceased to be engaged in estate agency work, or is wound up or otherwise dissolved;
(b)
the relevant licensee is not eligible to hold or continue to hold the licence under the provisions of this Act, or would not be entitled to be granted a licence under the provisions of this Act if an application for a licence were to be made at such time;
(c)
the relevant licensee had, in connection with the application for a licence, provided false or misleading information in a material particular;
(d)
any relevant certificate or qualification used to support the application for a licence is withdrawn or cancelled;
(e)
the relevant licensee has contravened any requirements or other provisions of this Act;
(f)
the relevant licensee has failed to pay any fine, fee, charge or financial penalty (other than a financial penalty imposed under section 49(6)) charged or imposed under this Act;
(g)
the relevant licensee has failed to comply with any of the conditions attached to the licence; or
(h)
the Council considers that the relevant licensee is no longer a fit and proper person to hold a licence.[24/2020]
(3) Where the Council proposes to suspend or revoke a licence, it must give the relevant licensee written notice of the proposal and the reasons for it.
(4) A notice under subsection (3) must state that within a period of 21 days starting on the date of the notice, or within such longer period as the Council may allow in a particular case, representations regarding the proposed suspension or revocation (as the case may be) may be made in writing to the Council by or on behalf of the licensee concerned.
(5) Where representations are made pursuant to subsection (4), the Council must not suspend or revoke the licence concerned without having considered the representations.
(6) Where a licence is suspended under this section, the Council may shorten the period for which the licence is suspended or lift the suspension.
(7) Where any licence is suspended or revoked under this section, no fee or other sum paid in respect of the grant or renewal of the licence may be refunded.
Suspension or revocation of registration
55.—(1) Subject to the provisions of this Act, the Council may suspend the registration of a salesperson for such period of time as it thinks fit, or revoke the registration.
(2) The Council may suspend or revoke the registration of a salesperson at any time if —(a)
the relevant salesperson has ceased to do work for or be engaged by the estate agent he or she was registered through;
(b)
the relevant salesperson would not be eligible to be registered under the provisions of this Act if an application for registration were to be made at such time;
(c)
the relevant salesperson or estate agent had, in connection with the application for registration, provided false or misleading information in a material particular;
(d)
any relevant certificate or qualification used to support the application for registration is withdrawn or cancelled;
(e)
the relevant salesperson has contravened any requirements or other provisions of this Act;
(f)
the relevant salesperson has failed to pay any fine, fee, charge or financial penalty (other than a financial penalty imposed under section 49(6)) charged or imposed under this Act;
(g)
the relevant salesperson has failed to comply with any of the conditions attached to the registration; or
(h)
the Council considers that the relevant salesperson is no longer a fit and proper person to be registered as a salesperson.[24/2020]
(3) Where the Council proposes to suspend or revoke the registration of a salesperson, it must give the relevant salesperson and the estate agent he or she was registered through written notice of the proposal and the reasons for it.
(4) A notice under subsection (3) must state that within a period of 21 days starting on the date of the notice, or within such longer period as the Council may allow in a particular case, representations regarding the proposed suspension or revocation (as the case may be) may be made in writing to the Council by or on behalf of the persons concerned.
(5) Where representations are made pursuant to subsection (4), the Council must not suspend or revoke the registration of the salesperson concerned without having considered the representations.
(6) Where registration is suspended under this section, the Council may shorten the period for which the registration of a salesperson is suspended or lift the suspension.
(7) Where the registration of a salesperson is suspended or revoked under this section, no fee or other sum paid in respect of the registration may be refunded.
Effect of revocation and suspension
56.—(1) Where any estate agent’s licence is revoked or while any order of suspension remains in force, the estate agent must cease to carry on the business of an estate agent.
(2) An estate agent whose licence is suspended is, while the suspension remains in force, deemed to be a person who does not hold an estate agent’s licence, except for the purposes of any disciplinary proceedings under Part 5.[24/2020]
(3) Where the registration of a salesperson is revoked or while any order of suspension remains in force, the salesperson must cease to act as a salesperson for any person.
(4) A salesperson whose registration is suspended is, while the suspension remains in force, deemed to be a person who is not registered as a salesperson, except for the purposes of any disciplinary proceedings under Part 5.[24/2020]
(5) Any security furnished under section 33 may be forfeited to the Council in whole or in part at the discretion of the Council on the suspension or revocation of a licence.
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
