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While the Institute of Estate Agents (IEA)
Conference is generally regarded as an industry-specific event for those in the
property field, this year’s conference, attended by over 300 real estate agents,
covered valuable insider tips which consumers can use to grab the advantage
when negotiating with their property agents. Read on for the key topics discussed behind
closed-doors to understand the advantages that the new Estate Agents Act
provides to the consumer, and how you can use these tips to gain an upper hand
in your real estate transactions.
No
Dual Representation of Buyer & Seller
In order to prevent conflict of interest, the new
CEA (Council for Estate Agents) regulations stipulate that the same agent is
not allowed to represent both the buyer and seller, or receive commission from
both parties. Previously, agents could collude with each other in a co-broking
arrangement by picking only specific agents who were their friends or spouse to
work with, in order to share commission under such an arrangement. With the new
regulations, buyers and sellers now enjoy a greater level of protection in
knowing that their agents are legally obligated to disclose all offers, so the
seller has the choice of can pick the best offer price and each prospective
buyer has an equal chance of winning the bid.
No
Holding of Funds by the Agent: Using Conveyancy Accounts
Although property buyers may find it more convenient
to hand over a check for the deposit directly to their agent, they should bear
in mind that the CEA bans agents from handling cash
when carrying out their work of buying and selling of properties in Singapore. The
correct procedure is for buyers to insist on a separate account for the handling of
their money to safeguard their deposits. While clients may have complete trust in the
integrity of their real estate agents and lawyers, they should bear in mind
there have been as many as 4 reported cases of rogue lawyers running away with
their client’s funds in the last 6 years. Hence, buyers should take advantage
of the new measures to safeguard buyer’s deposits that require that deposits have
to be held in a newly-formed bank account, called a Conveyancing Account, where
the withdrawal of funds will require authorization from lawyers from both the
buyer and seller’s side. Should buyers prefer to have their funds held
by a third party, they also have the option of hiring the Singapore Academy of Law
(SAL) to hold the conveyancing money if they prefer.
The
CEA: An Advocate for Consumer Rights
While property agents should and very often, do
work in the best interests of their clients, it can only be to the buyer or
seller’s advantage to educate himself on what their rights are as consumers.
Should the consumer believe their property agent has failed in his professional
duties, the CEA is a resource available to consumers as an avenue for dispute
resolution. Consumers may file their complaints in writing, in person at the CEA
office at HDB Hub, or by phone or email. The Complaint Form is also available
for download on the CEA
website. To date, the CEA has received about 1200 complaints since its formation as a statutory board under the Ministry of National
Development in October 2010.
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