Disciplinary action – property for rent Singapore
52.—(1) The Disciplinary Committee shall consider all reports of an inspector on any matter referred to it under this Part and shall, according to the circumstances of the case, determine that — Property for rent Singapore.
(a) there is no sufficient cause for disciplinary action against the person under investigation;
(b) there is sufficient cause for disciplinary action against the person under investigation; or
(c) notwithstanding there being no sufficient cause for disciplinary action against the person under investigation, the person should still be admonished or reprimanded.
(2) Sufficient cause for disciplinary action may be shown by proof that a licensee or registered salesperson —
(a) has been guilty of unsatisfactory conduct or misconduct in relation to estate agency work;
(b) has breached any of the provisions of this Act or of any subsidiary legislation, regulations or code made under this Act (whether or not any other action has been taken in respect of such breach); or
(c) has breached any order of a Disciplinary Committee or the Appeals Board,
if such conduct, misconduct or breach warrants disciplinary action.
(3) Where the Disciplinary Committee determines that there is sufficient cause for disciplinary action against a licensee or registered salesperson under investigation, the Disciplinary Committee may, subject to this section, impose a financial penalty of a specified amount not exceeding $75,000 and exercise either of the following powers as it considers appropriate, whether or not a financial penalty is imposed:
(a) suspend his licence or registration;
(b) revoke his licence or registration.
(4) Where the Disciplinary Committee determines that notwithstanding there being no cause for disciplinary action against a licensee or registered salesperson under investigation, but the person should still be reprimanded, the Disciplinary Committee may, subject to this section, admonish or reprimand the licensee or registered
salesperson in writing under the hand of the Chairman. Property for rent Singapore.
(5) Where the Disciplinary Committee exercises powers under subsection (3) or (4), it may also exercise such of the following powers as it considers appropriate:
(a) attach specified conditions to the licence or registration concerned; or
(b) vary any condition already attached to such licence or registration.
(6) The Disciplinary Committee may, in exercising any power under subsection (3), (4) or (5), order the licensee or salesperson to pay the Council fixed costs of $1,000 or such other amount as may be prescribed from time to time. Property for rent Singapore.
(7) Before any power is exercised under subsection (3), (4), (5) or (6), the licensee or salesperson concerned must be given a reasonable opportunity of being heard. Property for rent Singapore.
(8) Where, after considering any representations made, the Disciplinary Committee exercises any power under subsection (3), (4), (5) or (6), the Disciplinary Committee shall inform the licensee or salesperson concerned either in person or in writing.
(9) Subject to this Act and unless otherwise ordered by the Disciplinary Committee or the Appeals Board, any order of the Disciplinary Committee under this section shall take effect upon pronouncement. Property for rent Singapore.
(10) Where a licence or registration is suspended or revoked, no fee or other sum paid in respect of the grant or renewal of the licence or registration shall be refunded.
(11) Any financial penalty imposed upon, or costs ordered to be paid by, a licensee or salesperson under this Act may be recovered as a civil debt due to the Council.
Source: Estate Agents Act (EAA)
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