EAA

Two types of prescribed estate agency agreements under CEA

Exclusive and non-exclusive agreements

Maximum validity period for a prescribed exclusive estate agency agreement

$$3\,\text{months}$$

Maximum number of estate agencies that can be appointed under an exclusive agreement

One agency during its validity period

Renewal condition for a prescribed exclusive estate agency agreement

Allowed once its current term expires

Commission entitlement if a client sells privately during a valid exclusive agreement

Generally payable to the appointed exclusive estate agency

Commission entitlement if a client sells via another agency during a valid exclusive agreement

Generally payable to the appointed exclusive estate agency

Duration of the commission protection period following the expiry of an exclusive agreement

$$3\,\text{months}$$

Condition that activates the 3-month post-expiry commission protection under an exclusive agreement

A transaction completed with a party introduced by the appointed agency during the exclusive validity period

Commission entitlement of an ex-exclusive agency if the buyer was introduced after exclusivity ended

No entitlement under standard prescribed terms; the protection tail only covers buyers introduced during the agreement period

Number of agencies a client may engage under a non-exclusive agreement

More than one agency simultaneously

Specified maximum validity period for a non-exclusive agency agreement under CEA guidelines

No fixed maximum validity period

Entitlement to commission under a non-exclusive agency agreement

Payable to the agency whose salesperson successfully completes or procures the transaction

Requirement for clients to use CEA prescribed estate agency agreement forms

Recommended by CEA, but not legally compulsory

Legal parties entering into an estate agency agreement

The client and the licensed estate agency (represented by its registered salesperson)

Key contractual elements that must be clearly stated in an estate agency agreement

Scope of agency work, salesperson duties, commission/fee structure, conflict of interest disclosures, and agreement duration

Permissibility of appointing an exclusive and a non-exclusive agent concurrently for the same transaction

Not permissible, as it directly breaches the exclusivity commitment made to the exclusive agency

Required timing for explaining key terms of an agency agreement to a client

Prior to the client signing the agreement

Duration of listing rights granted under an exclusive agency agreement

Capped at a maximum duration of $3\,\text{months}$ per agreement term; does not confer perpetual listing rights

CEA regulatory stance on standard or fixed commission rates

CEA does not set standard rates; all commissions and fees are strictly negotiable between client and agency

Parties that must mutually agree upon the commission rate

The client and the licensed estate agency

Required timing for agreeing upon commission terms and payment amounts

Before any estate agency work commences

Authorised payee for estate agency commission payments

The licensed estate agency, never the individual salesperson directly

Legality of an individual salesperson collecting commission from both buyer and seller in the same transaction

Strictly prohibited as unlawful dual representation

Legality of an individual salesperson collecting commission from both landlord and tenant in the same transaction

Strictly prohibited under dual representation rules

Legality of a seller's agent receiving a co-broke fee from the buyer's agent while earning seller commission

Prohibited; an agent cannot collect fees representing or splitting from both parties in the same transaction

Agency status of an unrepresented buyer interacting with a seller's salesperson

The unrepresented buyer remains a customer, not a client of the seller's salesperson

Permissibility of a buyer and seller appointing different salespersons from the same estate agency

Permitted, provided potential conflicts of interest are disclosed in writing and managed properly

Permissibility of different salespersons from the same agency being paid by their respective clients in the same transaction

Permitted, provided each salesperson represents a separate client and all conflict disclosures are executed

Determinant for whether GST applies to property commission charges

Depends on whether the licensed estate agency is GST-registered, not the individual salesperson

Standard contractual milestone for paying estate agency commission

Upon legal completion of the property transaction, as stipulated in the agency agreement

Rule regarding a salesperson directly keeping commission or fees paid by a client

Prohibited; all commission must be paid to and received by the licensed estate agency

Required format and timing for disclosing an agent's conflict of interest to a client

Must be disclosed promptly in writing immediately upon becoming aware of the conflict

Rule on an RES holding an option fee for a property sale or purchase

Strictly prohibited; classified as transaction moneys

Rule on an RES handling option exercise fees

Strictly prohibited under transaction money regulations

Rule on an RES holding property down payments

Strictly prohibited under transaction money regulations

Rule on an RES handling seller sales proceeds

Strictly prohibited under transaction money regulations

Rule on an RES handling buyer stamp duty funds for property purchases

Strictly prohibited; payments must be made directly to IRAS or through conveyancing solicitors

Rule on an RES handling legal conveyancing fees

Strictly prohibited; payments must be made directly to the appointed law firm

Rule on an RES holding purchase deposit funds for private properties

Strictly prohibited as transaction moneys

Rule on an RES collecting or holding HDB rental security deposits

Strictly prohibited under transaction money regulations

Rule on an RES collecting monthly rent on behalf of an HDB landlord

Strictly prohibited under transaction money regulations

Designated direct payee for HDB rent and rental security deposits

The landlord directly, or an authorised financial institution

Regulatory handling rule for property valuation fees by an RES

Permitted; valuation fees are generally not classified as transaction moneys

Classification and handling of agency commission payments regarding transaction moneys

Not classified as transaction moneys, but must be paid directly to the licensed estate agency

Condition under which an RES can pay tenancy stamp duty and seek reimbursement

Permitted only if paid using the salesperson's own funds first; advance collection from the client is prohibited

Rule on collecting stamp duty funds in advance for a private tenancy

Strictly prohibited; advance collection of stamp duty funds is not allowed

Condition permitting an RES to be reimbursed for property repair expenses

Permitted, provided there is prior written authorisation or an agreement from the client

Handling procedure when a buyer issues a cheque for an HDB Option to Purchase (OTP)

The salesperson cannot hold the cheque; it must be delivered directly from buyer to seller

Handling procedure for a crossed cheque made payable directly to the seller

Salespersons must avoid holding or handling transaction moneys and arrange direct delivery between parties

Required medium for conflict of interest disclosures to a client

Written disclosure is strictly required

Required timeframe for an RES to disclose an actual or potential conflict of interest

Immediately upon becoming aware of the conflict

Prerequisite for an RES to continue acting for a client when a conflict of interest arises

Obtaining the client's informed consent in writing

Conflict status when two salespersons from the same agency represent opposing parties

Constitutes a potential conflict of interest that must be disclosed in writing and actively managed

Disclosure obligation when an RES has a familial or personal relationship with the counterparty

Constitutes a conflict of interest requiring prompt written disclosure to the client

Disclosure requirement when an RES receives a referral fee from a bank or contractor

Must disclose the existence, nature, and amount of the referral fee in writing to the client

Obligation if a salesperson earns an override fee from an opposing salesperson within the same agency

Must disclose the supervisory relationship and override financial benefit in writing to all affected clients

Rule regarding an RES prioritising personal referral fees over client interests

Strictly prohibited; the RES owes a fiduciary duty to place the client's interests first

Core fiduciary duties an RES owes to their client

To act faithfully in the client's best interests, maintain confidentiality, and avoid undisclosed or secret profits

Legal effect of client written consent on prohibited dual representation

None; dual representation remains illegal and cannot be legalised by client consent

Regulatory obligation if an RES holds an undisclosed financial interest in a marketed property

Constitutes a serious conflict of interest requiring full written disclosure and regulatory compliance before proceeding

Salesperson's obligation regarding bona fide offers received for a property

Must convey all bona fide offers to the client promptly and faithfully

Prerequisite before an RES can advertise a property for sale or rent

Prior verifiable consent from all rightful property owners

Consent requirement for advertising a property owned by two or more joint owners

Consent from all registered co-owners is mandatory

Acceptable forms of owner consent for property advertising

Signed forms, letters, emails, SMS, or other verifiable written communications

Consent rule when two different salespersons advertise the same property

Each advertising salesperson must independently obtain owner consent

Five mandatory identifying details required in a standard property advertisement

1. RES Name; 2. RES Registration Number; 3. RES Contact Number; 4. Estate Agency Name; 5. Estate Agency Licence Number

Advertising identification exemption for newspaper classified advertisements

Only the salesperson's name and contact number are required

Rule on advertising dummy, ghost, or non-existent property listings

Strictly prohibited; classified as false or misleading advertising

Rule on misrepresenting the asking price to attract property enquiries (bait advertising)

Strictly prohibited as false and misleading advertising

Parties held responsible for the accuracy of published property advertisements

Both the advertising salesperson and their licensed estate agency

Rule regarding re-advertising a listing found on a portal without direct owner consent

Strictly prohibited; direct owner consent is required prior to advertising

Verification required before advertising premises for subletting

Verify that the subletting is fully authorised by the rightful owner and complies with regulatory requirements

Rule on marketing a property as an 'exclusive listing' without a signed exclusive agreement

Strictly prohibited; constitutes false and misleading advertising

Party entitled to choose between mediation and arbitration under the CEA Dispute Resolution Scheme

The client

Primary role of a mediator under the CEA dispute resolution framework

To facilitate a voluntary mutual agreement between parties without imposing a binding ruling

Authority and function of an arbitrator under the CEA dispute resolution framework

To adjudicate the dispute and issue an award that is legally binding on all parties

Procedural next step if a client declines mediation under the dispute resolution scheme

The dispute may proceed directly to the arbitration process

Procedural outcome if a client fails to select an approved mediation centre within the stipulated deadline

Can trigger the arbitration process under the scheme

Duration after which unresolved mediation is considered concluded from the notice of the first session

$$6\,\text{weeks}$$

Client deadline to select an approved mediation centre following an agency's mediation request

Within $4\,\text{weeks}$ of receiving the request

Entity responsible for conducting mediation and arbitration hearings under the CEA scheme

Independent approved dispute resolution centres (not CEA itself)

Distinction between contractual client disputes and disciplinary breaches

Contractual fee disputes are civil matters handled via dispute resolution schemes, whereas misconduct involves disciplinary or regulatory breaches

Client deadline to reply to an estate agency's arbitration enquiry

Within $3\,\text{weeks}$ of receipt

Consequence if a client fails to reply to an agency's arbitration enquiry within 3 weeks

Parties are no longer bound to resolve the dispute under the CEA Dispute Resolution Scheme

Consequence if a client elects arbitration but fails to commence proceedings within 3 weeks of their reply

Parties are no longer bound to resolve the dispute under the CEA Dispute Resolution Scheme

Legal enforceability of an arbitration ruling under the CEA Dispute Resolution Scheme

Final and legally binding on all parties

Client's right regarding arbitration following an unsuccessful mediation session

The client may opt out of proceeding to arbitration, subject to scheme provisions

Regulatory statutory body responsible for licensing estate agencies and registering salespersons in Singapore

Council for Estate Agencies (CEA)

Rule on an RES being registered concurrently with more than one estate agency

Strictly prohibited; an RES can be registered under only one licensed estate agency at a time

Executive responsible for supervising registered salespersons and agency management operations

Key Executive Officer (KEO)

Estate agency requirement regarding Professional Indemnity Insurance (PII)

Mandatory; the agency must maintain valid PII covering the agency and all its registered salespersons

Mandatory minimum Professional Indemnity Insurance (PII) sub-limit per RES

$$\$100,000$$

Maximum permissible PII deductible per individual RES claim

$$\$5,000$$

Minimum PII policy limit for a sole proprietorship estate agency with 1 RES

$$\$100,000$$

Minimum PII policy limit for an estate agency with 1 to 10 salespersons (non-sole proprietorship)

$$\$200,000$$

Minimum PII policy limit for an estate agency with 11 to 30 salespersons

$$\$300,000$$

Minimum PII policy limit for an estate agency with 31 to 50 salespersons

$$\$400,000$$

Minimum PII policy limit for an estate agency with 51 to 500 salespersons

$$\$600,000$$

Minimum PII policy limit for an estate agency with more than 500 salespersons

$$\$1,000,000$$

Maximum permissible estate agency PII deductible for agencies with over 500 salespersons

$$\$20,000$$