Salesperson fined for dual representation

Tan Kok Wah David has been fined for representing both the landlord and the tenant in a property rental transaction.

According to the Council for Estate Agencies (CEA), he had collected commission from the tenant and the landlord amounting to $8,800, and was sentenced to a $12,000 fine, in default five weeks’ imprisonment for the charge of dual representation.

Additionally, his registration was subsequently revoked by CEA.

At the time of the offence, Tan was a registered salesperson with the Ancient Nature Home Properties.

Under the Estate Agents Act, it is an offence for estate agents and salespersons to be appointed by both tenants/buyers and landlords/sellers for the same property transaction.

CEA has prohibited the practice of dual representation since November 2010 as it presents a conflict of interest. The ban applies to all property transactions, including residential, commercial and industrial properties.

If found guilty of failing to comply, the penalty is a fine up to $25,000 or imprisonment for a term up to 12 months or both.

The first prosecution case for dual representation was in March 2013.

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