Agent prosecuted for dual representation

Muneerah 18 Dec 2014

Agent prosecuted for dual representation

Davis Eric Chan was convicted on one charge of dual representation on 2 July, according to the Council for Estate Agencies (CEA)’s e-newsletter.

Chan secured a lease of a HDB shop at Block 433 Clementi Avenue 3 at a monthly rent of $5,700 from 15 March 2011 to 14 March 2014.

Subsequently, he also assisted in leasing out half of the shop to a sub-tenant at a monthly rent of $2,500 from 14 March 2011 to 15 March 2015.

He collected a commission of $2,675 from the complainant for the sub-lease. He also tried to collect a $3,750 commission from the sub-tenant but it was waived after the sub-tenant made a complaint to his estate agent.

Chan was sentenced to a $9,000 fine, in default three weeks’ imprisonment, and his registration was also revoked.

Under the Estate Agents Act, it is an offence for estate agents and salespersons to represent the tenants/buyers and landlords/sellers for the same property transaction, as there will be a conflict of interest. If found guilty, offenders may face a fine up to $25,000 or imprisonment for a term up to 12 months, or both.

Prior to Chan’s case, Tan Kok Wah David was also fined for representing both the landlord and the tenant in a property rental transaction.

 

Muneerah Bee, Senior Journalist at PropertyGuru, wrote this story. To contact her about this or other stories email muneerah@propertyguru.com.sg

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