44. Estate agency agreement required as regards certain proposals and undertakings

(1)

Subject to subsection (4), where an estate agent proposes or undertakes (whether or not for a commission or other fee) to perform estate agency work for a client, whether as regards a particular property or not, a right or other cause of action whereby agreed sums, damages or any other relief or remedy may be recovered or obtained in legal proceedings as regards the proposal or undertaking shall lie at the suit of the estate agent if, and only if —

(a)

an estate agency agreement embodying the terms of the proposal or undertaking, being an agreement between the estate agent and the client which is in the form prescribed and which contains such particulars (if any) in respect of the proposal or undertaking as are prescribed for the purposes of this section has been entered into and, in the case of a written document, properly executed; and

(b)

the estate agent was a licensed estate agent at the time when the estate agency agreement was so entered into and executed.

(2)

Subject to subsection (4), where an estate agent makes a proposal or gives an undertaking to perform estate agency work for a client as described in subsection (1), the agent is entitled to recover from, or to require the payment by any other person of, any amount in respect of any outgoing paid or payable by the agent as regards any acquisition or disposition of any property to which the proposal or undertaking relates if, and only if —

(a)

an estate agency agreement between the estate agent and the client which is in the prescribed form and contains, in respect of the proposal or undertaking, such particulars (if any) as are prescribed for the purposes of this section has been entered into and, in the case of a written document, properly executed;

(b)

the estate agency agreement expressly provides for such recovery or reimbursement; and

(c)

the estate agent was a licensed estate agent at the time when the estate agency agreement was so entered into and executed.

(3)

A right or other cause of action described in subsection (1) shall not lie at the suit of any person other than the estate agent within the meaning of this section by reason only of anything contained in this section.

(4)

Regulations made under section 72 may exclude any class or description of estate agency work from the operation of subsections (1) and (2).

Terms defined in this Act

client
Defined · s 3
“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;
Open s 3
disposition
Defined · s 3
“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;
Open s 3
document
Defined · s 44F
“document” includes, in addition to a document in writing —(a)any map, plan, graph or drawing;(b)any photograph;(c)any label, marking or other writing which identifies or describes anything of which it forms a part, or to which it is attached by any means;(d)any disc, tape, soundtrack or other device in which sounds or other data (not being visual images) are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced from it;(e)any film (including microfilm), negative, tape, disc or other device in which one or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced from it; and(f)any paper or other material on which there are marks, impressions, figures, letters, symbols or perforations having a meaning for persons qualified to interpret them;
Open s 44F
estate agency agreement
Defined · s 3
“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;
Open s 3
estate agency work
Defined · s 3
“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 —(a)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)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;
Open s 3
estate agent
Defined · s 3
“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;
Open s 3
licensed estate agent
Defined · s 3
“licensed estate agent” means a person who is the holder of an estate agent’s licence;
Open s 3
prescribed
Defined · s 3
“prescribed” means prescribed by the Council by regulations made under this Act;
Open s 3
property
Defined · s 3
“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;
Open s 3