10.—(1) The following agreements are prescribed for the purposes of section 44 of the Act in respect of estate agency work for the sale, purchase or lease of residential property in Singapore on a non-exclusive basis:
(a)
Estate agency agreement for the sale of residential property (Form 1);
(b)
Estate agency agreement for the purchase of residential property (Form 2);
(c)
Estate agency agreement for the lease of residential property by a landlord (Form 3); and
(d)
Estate agency agreement for the lease of residential property by a tenant (Form 4).
(2) The following agreements are prescribed for the purposes of section 44 of the Act in respect of estate agency work for the sale, purchase or lease of residential property in Singapore on an exclusive basis:
(a)
Exclusive estate agency agreement for the sale of residential property (Form 5);
(b)
Exclusive estate agency agreement for the purchase of residential property (Form 6);
(c)
Exclusive estate agency agreement for the lease of residential property by a landlord (Form 7); and
(d)
Exclusive estate agency agreement for the lease of residential property by a tenant (Form 8).
(3) The forms for the prescribed agreements in paragraphs (1) and (2) are set out in the Third Schedule as Forms 1 to 8.
(4) For the purposes of paragraphs (1) and (2), “residential property” includes any property comprising residential property and property other than residential property.
Exclusion from scope of section 44
11. Section 44(1) and (2) of the Act shall not apply to any estate agency work —
(a)
in respect of property situated outside Singapore;
(b)
in respect of commercial or industrial property;
(c)
in respect of any actual or proposed collective sale of property under the provisions of Part VA of the Land Titles (Strata) Act (Cap. 158);
(d)
in respect of any actual or proposed sale by a developer of property developed by the developer pursuant to a licence issued under the Housing Developers (Control and Licensing) Act (Cap. 130); and
(e)
which is not expressly excluded by paragraphs (a) to (d) and for which there is no prescribed agreement under regulation 10.
Client to be informed of inability to perform agreement
12. An estate agent or a salesperson who is unable for any reason to perform the estate agency agreement shall inform the client immediately.