Category Archives: CEA

Fine on former estate agent reduced

Posted on 21 Jun 2014 | Comments Off on Fine on former estate agent reduced

A fine imposed on a former property agent has been reduced from $18,000 to $8,000 on appeal, after Judicial Commissioner See Kee Oon agreed with the defence’s claim that it was disproportionately high, said media reports.

He also noted that the starting point for the quantum imposed by the district judge, who relied on cases involving unregistered estate agents performing the work of an estate agent, is not “entirely appropriate”.

The first to be prosecuted for moneylending offences under the Council for Estate Agencies (CEA), Ghazali Mohamed Rasul was a former registered agent with PropNex Realty.

In 2011, he received a kickback of $150 from a moneylender he had introduced to a client who was having financial problems and wanted to sell his flat.

Ghazali was then charged with two counts of moneylending offences under the CEA, with four other similar charges taken into consideration.

The CEA had urged the district judge, in its written submissions on sentencing, to impose a fine of $15,000 as well as two weeks in prison for every charge. It explained that salespersons who refer their clients to moneylenders cause serious social problems as some low-income clients have little choice but to sell their properties in order to repay the high-interest loans.

But defence lawyers Andrea Gan and Derek Kang said in their written submissions that Ghazali had “absolutely no payment or commission arrangements” with the moneylender and that the payments he had received had been offered to him.

Moreover, Kang argued that the amount involved – two payments of $150 – was “extremely modest”.

He noted that Ghazali, who had been called in for a single offence, did not only pleaded guilty to such offence, he also helped the prosecution build its case against himself after voluntarily disclosing that he also made similar referrals to three other clients.

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Unlicensed Estate Agent Charged for Conducting Estate Agency Work for Foreign Properties

Posted on 24 May 2014 | Comments Off on Unlicensed Estate Agent Charged for Conducting Estate Agency Work for Foreign Properties

The Council for Estate Agencies (CEA) charged Tan Yang Po (50 years old, Singaporean female) trading as AZEA Personal Coaching (“APC”) in Court today for allegedly acting as an estate agent without being licensed with CEA. This is the first prosecution case related to unlicensed estate agency work for the sale of foreign properties.

Under the Estate Agents Act, an estate agent must be licensed with CEA before it can market local or foreign properties in Singapore. Tan, trading as APC, faces five charges for acting as an estate agent without being licensed as an estate agent. CEA’s charges are listed in the Annex.

About the Case
CEA’s allegations against Tan are as follows. APC had first advertised to invite members of the public to attend its free property investment seminar. Those who attended the seminar were encouraged to enrol in a two-day investment course, with a fee, to learn about investment strategies. The course participants were awarded membership to a property club of AZEA.

APC introduced its client, Sterling Camden LLC, a foreign property developer to members of the property club. Tan allegedly informed members that the developer was selling apartments in Houston, Texas, USA costing about US$49,000 to US$60,000 each, with a guaranteed investment return of 8% plus net rental yield for two years. Thereafter, Tan allegedly facilitated the sale transactions for the said foreign properties and for each successful sale, collected commission for the sales from the foreign property developer. At all material times, APC acted as an estate agent while it was not licensed as an estate agent with CEA.

CEA’S CHARGES AGAINST TAN YANG PO TRADING AS APC
Five charges for acting as an estate agent without being licensed as an estate agent, by introducing her clients, Sterling Camden LLC, the vendor and developer of Camden Court Royal Residences to members of the property club of AZEA, arranging and closing the transactions and collecting commission from her clients for the sale and purchase transactions.

The punishment for each offence under Section 28(1)(b) of the EAA 2010 is a fine not exceeding $75,000/- or imprisonment for a term not exceeding 3 years or both. In the case of a continuing offence, there is a further fine not exceeding $7,500/- for every day or part thereof during which the offence continues after conviction.

Advice for Consumers
Consumers should only engage licensed estate agents and registered salespersons. They are advised to check the CEA Public Register of Estate Agents and Salespersons at CEA website or use the “CEA@SG” mobile app to verify whether the estate agent is licensed with CEA or the salesperson is registered with CEA. Consumers should report to CEA when they encounter any person not listed on the Public Register but carrying out estate agency work illegally. They can report the person to the CEA at 1800-6432555 or feedback@cea.gov.sg.

Consumers should exercise due diligence when buying foreign properties. They should find out pertinent details such as their eligibility to buy the particular property and all the costs involved, e.g. taxes, maintenance cost, foreign currency fluctuation, if any. Consumers should be wary of claims of high returns and low initial down payments. They should conduct their own research, look at the viability, pricing and terms and conditions of the purchase, and not rely solely on the advice of representatives of the developer of the foreign property.

For tips on buying foreign properties, consumers can refer to the online guide http://www.cea.gov.sg/cea/content/binary/pdf4Files/NewForeignProperties.pdf.

For more consumer education materials, visit CEA’s Consumer Resource Centre.

About Council for Estate Agencies
The Council for Estate Agencies (CEA) is a statutory board established under the Estate Agents Act to regulate and promote the development of a professional and trusted real estate agency industry. The key responsibilities of CEA are to license estate agents and register salespersons, promote the integrity and competence of estate agents and salespersons, and equip consumers with the necessary knowledge to make informed decisions in property transactions. For more information, please visit: www.cea.gov.sg

Source : CEA – 21 May 2014

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