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Arcachon
14-07-18, 11:21
https://www.straitstimes.com/singapore/directhome-cashback-offer-under-scrutiny

A property-listing portal has come under scrutiny for offering half the commission earned by agents back to the buyers.

The Council for Estate Agencies (CEA) is looking into home-grown site DirectHome, after complaints from property agents alleging that the firm breaks existing rules by promising 50 per cent cashback of a typical commission on a new condominium unit to entice buyers to use its service.

A CEA spokesman told The Straits Times that whether the company flouts any laws under the Estate Agents Act "depends on the actual facts and circumstances, such as how DirectHome and/or property agents are involved in the transactions, and the source and flow of the monies for cashbacks".

Appropriate action will be taken against DirectHome if it is found to have conducted unlicensed estate agency work, she added.

On Thursday, the regulator issued a circular to property agencies, reminding them that the giving of direct or indirect benefits as a way of obtaining clients is "disreputable and tarnishes the professional image of the real estate agency industry".

Housing agents who work with or use such third-party platforms to offer such benefits would be in breach of the rules, the CEA added. It named DirectHome as an example of a third party giving such benefits.

DirectHome founder and housing agent Kiegan Chia, 37, said the company itself has not crossed any lines, "as we are not an estate agency".

He added that the firm, which has about 10 people, does not directly employ any housing agents.

The two-year-old firm, which claims to have 130,000 users, was highlighted by the CEA last year for its do-it-yourself portal, as an example of a property firm capitalising on technology.

In recent years, the authorities have pushed for more productivity in an industry that observers said is saturated with too many agents.

In its reply, the CEA said it welcomes disruptions and new business models "if they offer value-added services and more options for consumers, as well as contribute to raising the professionalism and productivity of the industry".

Mr Chia said his firm helps customers get more value out of a property transaction. He said: "There's a huge disparity between the amount of commission a property agent gets and the actual work he does, which is not that much."

He added: "We receive a lot of hate mail from agents. But not a single one has been from a member of the public."

International Property Advisor chief executive Ku Swee Yong urged the CEA to take action, as other property agents lose out on deals by not being able to offer cashback. "The message being sent out is: If you're ethical and follow the rules, you'll end up losing some business," he said.

Arcachon
14-07-18, 11:39
CEA Ref: PC 04-18
Date: 12 July 2018
Key Executive Officers

Dear Sir/Mdm,

FOR COMPLIANCE: PRACTICE CIRCULAR ON THE OFFERING OF BENEFITS BY
ESTATE AGENTS AND SALESPERSONS VIA THIRD PARTY ENTITIES

1 The Council for Estate Agencies (CEA) has received feedback regarding the giving of
benefits in kind or cash, including “cash back programmes”, for new development sales.

2 Paragraph 1.10 of the Professional Service Manual (PSM) states that:
“Estate agents and salespersons shall not advertise or offer any benefit in cash or kind, to any
party in a transaction, so as to induce them to engage the services of the estate agents or
salespersons. Estate agents and salespersons also shall not agree if any person initiates the
request for them to offer such benefits. This practice of offering benefits as inducement is an
unprofessional and unethical practice and brings disrepute and discredit to the estate agency
industry.”

3 Salespersons and estate agents who work with and/or use third parties to offer benefits,
including through a “cash back programme”, which results in the consumer engaging the
services of the salespersons or estate agent will be in breach of this Practice Circular. It has
come to CEA’s attention that one such third party being used to give such benefits is
DirectHome Pte Ltd. The giving of direct or indirect benefits for new development sales to
obtain clients, including through direct or indirect involvement in cash back schemes, is
disreputable and tarnishes the professional image of the real estate agency industry.

4 Estate agents and salespersons are not to participate in any schemes where direct or
indirect benefits are given to a consumer in a new development sale transaction that ultimately
results in the consumer engaging the services of the estate agent or salesperson. This includes
“cash back” schemes from third parties that offer benefits to consumers in new development
sale transactions.

5 The obligation stated in paragraph 4 is in addition to existing duties and obligations
under the Estate Agents Act, its Regulations, the Code of Ethics and Professional Client Care,
and all Practice Guidelines and Circulars.

6 Please inform your salespersons to comply with this practice circular with immediate
effect. If you require any further clarification, please call us at 1800 643-2555, or email us at
[email protected].

Yours sincerely,
Soh Cheng Hwee
Deputy Director (Licensing)
Council for Estate Agencies

https://www.cea.gov.sg/legislation-guidelines/practice-guidelines-circulars/practice-circulars