PART I | Short title and commencement |
| 1. This Act may be cited as the Estate Agents Act 2010 and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint. |
| 2. This Act applies to estate agency work in respect of property situated in Singapore and outside Singapore. |
3.—(1) In this Act, unless the context otherwise requires —“advertisement” includes every form of advertisement, whether to the public or not, and whether —| (a) | orally or in writing; | | (b) | in printed or electronic form; | | (c) | in a newspaper or other publication; | | (d) | by television or radio; | | (e) | by the display of posters, notices, signs, labels, showcards or goods; | | (f) | by the distribution of notices, circulars, brochures, pamphlets, catalogues, price lists or any other material; | | (g) | by the exhibition of pictures, models or films; or | | (h) | in any other form or manner whatsoever, |
| and any reference to the issue or publication of advertisements shall be construed accordingly; |
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| “Appeals Board” means the Appeals Board constituted under section 57; |
| “appointed day” means the date of commencement of Part II; |
| “body corporate” includes a limited liability partnership; |
| “building” has the meaning assigned to it in the Building Control Act (Cap. 29); |
| “business name”, in relation to an estate agent, means the name under which the estate agent is authorised to carry on estate agency work; |
| “Chairman” means the Chairman of the Disciplinary Committee or Appeals Board, as the case may be, and any person acting as such Chairman; |
| “client” means any person who, whether on his own behalf or on behalf of another person, retains or otherwise uses the services of, or otherwise engages or employs, an estate agent, whether directly or through a salesperson; |
| “committee”, in relation to the Council, includes the Disciplinary Panel and any Disciplinary Committee; |
| “committee member” means a member of any committee formed by the Council under this Act; |
| “company” has the same meaning as in section 4(1) of the Companies Act (Cap. 50); |
| “Council” means the Council for Estate Agencies established under section 6; |
| “Deputy President” means the Deputy President of the Council and any person acting as the Deputy President; |
| “development” means a development involving the construction of a new building; |
| “director” has the same meaning as in section 4(1) of the Companies Act; |
| “Disciplinary Committee” means a committee appointed under section 51(4); |
| “Disciplinary Panel” means the panel appointed under section 51(1); |
| “disposition” means an act by a person whereby an interest he has in or over a property is affected, and “acquisition”, in relation to a property, shall be construed accordingly; |
| “estate agency agreement” means one or more written documents embodying the terms agreed for the time being between an estate agent and a client of such agent being terms on and subject to which estate agency work is to be done by such agent for the client; |
“estate agency work”, subject to subsection (3), means any work done in the course of business for a client or any work done for or in expectation of any fee (whether or not in the course of business) for a client — | (a) | being work done in relation to the introduction to the client of a third person who wishes to acquire or dispose of a property, or to the negotiation for the acquisition or disposition of a property by the client; or | | (b) | being work done, after the introduction to the client of a third person who wishes to acquire or dispose of a property or the negotiation for the acquisition or disposition of a property by the client, in relation to the acquisition or disposition, as the case may be, of the property by the client; |
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| “estate agent”, subject to subsection (3), means a person who does estate agency work, whether or not he carries on that or any other business; |
| “estate agent’s licence” means a licence granted under section 33 and designated as being an estate agent’s licence; |
| “Executive Director” means the Executive Director of the Council for the time being appointed under section 13 and any person acting as the Executive Director; |
| “inspector” means any person appointed under section 45; |
| “key executive officer” means the person who is required to be appointed by an estate agent under section 38; |
| “lease” includes a sub-lease, tenancy and sub-tenancy and an agreement for a lease where a party to the agreement is entitled to have a lease granted; |
| “licence” means an estate agent’s licence, and includes a provisional licence, and “licensee” shall be construed accordingly; |
| “licensed estate agent” means a person who is the holder of an estate agent’s licence; |
| “moneylender’s licence” means a moneylender’s licence under the Moneylenders Act (Cap. 188); |
| “partner” includes a partner of a limited liability partnership, a general partner of a limited partnership and a limited partner of a limited partnership; |
| “partnership” includes a limited liability partnership registered under the Limited Liability Partnerships Act (Cap. 163A) and a limited partnership registered under the Limited Partnerships Act (Cap. 163B); |
| “person who is responsible for the management”, in relation to a person or business, includes every director, manager, partner, officer, individual, secretary, agent or employee at any time charged either solely or to a substantial extent with the management of the person or business; |
| “prescribed” means prescribed by the Council by regulations made under this Act; |
| “President” means the President of the Council and includes any person acting as the President; |
| “property” means an interest in land, whether situated in Singapore or elsewhere, that is recognised as such by law, and includes any building or part thereof (whether completed, being constructed or to be constructed), and a future interest in land; |
| “public accountant” has the meaning assigned to it in the Accountants Act (Cap. 2); |
| “purchaser” means any person to whom a property is or is to be disposed of, and includes a prospective tenant; |
| “register” means the register established and maintained by the Council under section 36; |
| “registered salesperson” means a person who is registered as a salesperson under section 34; |
| “registration”, except where the context otherwise requires, means registration as a salesperson under section 34; |
| “salesperson” means an individual who in the course of his employment or engagement (whether under a contract of service or contract for service) by, or as a director or limited liability partner of, an estate agent does estate agency work; |
| “solicitor” means an advocate and solicitor of the Supreme Court of Singapore with a practising certificate in force; |
| “tenant” includes a sub-tenant; |
| “vendor” means any person by whom a property is or is to be disposed of, and includes a prospective landlord; |
| “Vice-Chairman” means a Vice-Chairman of the Appeals Board and any person acting as a Vice-Chairman. |
(2) For the purposes of this Act, a person is not a “fit and proper person” if the Council, after considering any relevant facts or matters, is of the view that he is not such a person, and unless the Council otherwise determines —| (a) | an individual shall not be a “fit and proper person” if —| (i) | he has been convicted of an offence involving dishonesty or fraud; | | (ii) | he has had a judgment entered against him in civil proceedings that involve a finding of fraud, dishonesty or breach of fiduciary duties on his part; | | (iii) | he has been convicted of any offence under this Act; or | | (iv) | he is an undischarged bankrupt or has made a composition or arrangement with his creditors; |
| | (b) | a person (other than an individual) shall not be a “fit and proper person” if —| (i) | the person has been convicted of an offence involving dishonesty or fraud; | | (ii) | the person has had a judgment entered against him in civil proceedings that involve a finding of fraud, dishonesty or breach of fiduciary duties on his part; | | (iii) | the person has been convicted of any offence under this Act; | | (iv) | any director or partner of the person or any other person who is responsible for the management of the person is not a fit and proper person; or | | (v) | the person is in liquidation or is the subject of a winding-up order, or there is a receiver appointed in relation to it, or it has entered into a composition or scheme of arrangement with its creditors. |
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(3) For the avoidance of doubt, it is hereby declared that —| (a) | references in this Act to estate agency work are not to be construed as including references to work which relates solely to a survey, to a valuation or to a disposition by way of auction or tender; and | | (b) | references in this Act to an estate agent without qualification are not to be construed as including references to an auctioneer whose function is solely to conduct an auction. |
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| Excluded activities and persons |
4.—(1) This Act does not apply to anything done —| (a) | by an executor, administrator, trustee, liquidator, receiver, trustee or assignee of a bankrupt for the purposes of or in connection with the performance of his functions as such; | | (b) | by a solicitor, in the course of practising his profession, or by any person employed by him and acting in furtherance of that course, in introducing to the client, third persons who wish to acquire or dispose of a property (whether for remuneration or otherwise), if the solicitor and any person employed by him do not perform any other work that falls within the definition of “estate agency work” in section 3; | | (c) | by an appraiser within the meaning of the Appraisers Act (Cap. 16) when valuing or appraising property; | | (d) | by any person in connection with a mortgage or other charge on property, whether done as regards its creation, transfer, assignment or otherwise; | | (e) | in connection with the publication of advertisements or the dissemination of information by any person who does no other work which falls within the definition of “estate agency work” in section 3; | | (f) | by any person as the vendor or purchaser, or where there is more than one vendor or purchaser, a vendor or purchaser of a property in connection with —| (i) | where the person is the vendor or a vendor of the property, the disposition of the property; | | (ii) | where the person is the purchaser or a purchaser of the property, the acquisition of the property; |
| | (g) | by any person in connection with a property pursuant to instructions received by him in the course of his employment, in so far as such thing would have been within the scope of paragraph (f) if done by his employer; | | (h) | by any person in relation to a present, prospective or former employee of his or of any person by whom he also is employed if the thing is done by reason of the employment (whether past, present or future); and | | (i) | by the Government or by any body that is established or constituted by or under a public Act for a public function when acting on behalf of the Government or exercising a public function. |
(2) For the purposes of subsection (1) —| (a) | a reference to a property within the meaning of this section shall include a reference to a property which comprises a specified number of undivided shares in any area of land situated in Singapore together with a right to the exclusive possession of a unit or other interest in a development of that area of land where —| (i) | the development of that area of land has been or is to be undertaken by the vendor or, where there is more than one vendor, the vendors of the property as owner of that area of land (whether with other companies or not), or by other company or companies for the vendor or the vendors, as the case may be, pursuant to an agreement, however described, entered into by the vendor or the vendors, as the case may be (whether with other companies or not) for the development of that area of land; and | | (ii) | no assignment or other instrument, other than that in favour of the vendor, or where there is more than one vendor, the vendors of the property, has been executed by way of completion of the sale and purchase of the property as such; and |
| | (b) | a reference to a development agreement within the meaning of this subsection, in relation to a property, shall be a reference to an agreement, however described, entered into for the development of the area of land referred to in paragraph (a) in relation to that property. |
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5.—(1) The Minister may, by order published in the Gazette, exempt any person or class or description of persons from any or all of the provisions of this Act, subject to any conditions as may be stated in the order.| (2) The Minister may, by order published in the Gazette, exclude any activity or class or description of activities from any or all of the provisions of this Act relating to estate agency work. |
| (3) The Council may exempt any person from any prescribed requirements for a licence or registration, subject to any conditions as it may consider appropriate. |
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