Section 3

In this Act, unless the context otherwise requires —

“advertisement” includes every form of advertisement, whether to the public or not, and whether —

“Appeals Board” means the Appeals Board constituted under section 57;

“body corporate” includes a limited liability partnership;

“building” has the meaning given by the Building Control Act 1989;

“business name”, in relation to an estate agent, means the name under which the estate agent is authorised to carry on estate agency work;

“Chairperson” means the Chairperson of the Disciplinary Committee or Appeals Board (as the case may be), and any person acting as such Chairperson;

“client” means any person who, whether on the person’s 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 meaning given by section 4(1) of the Companies Act 1967;

“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 meaning given by section 4(1) of the Companies Act 1967;

“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 the person has in or over a property is affected, and “acquisition”, in relation to a property, is to 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 the estate agent’s client, being terms on and subject to which estate agency work is to be done by the estate 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, being work done —

“estate agent”, subject to subsection (3), means a person who does estate agency work, whether or not the person 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 chief executive of the Council called the Executive Director, and includes any individual acting in that capacity;

“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 sublease, tenancy and subtenancy 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” is to 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 2008;

“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 2005 and a limited partnership registered under the Limited Partnerships Act 2008;

“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 of a building (whether completed, being constructed or to be constructed), and a future interest in land;

“public accountant” has the meaning given by the Accountants Act 2004;

“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” means registration as a salesperson under section 34;

“salesperson” means an individual who 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 subtenant;

“vendor” means any person by whom a property is or is to be disposed of, and includes a prospective landlord;

“Vice-Chairperson” means a Vice‑Chairperson of the Appeals Board and any person acting as a Vice‑Chairperson.

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 or she is not such a person, and unless the Council otherwise determines —

To avoid doubt, it is declared that —