Property
Nature of dispute
With rapid growth in housing needs, tiffs between individuals and their estate agents or landlords have become an everyday reality. These disagreements could include:
- Disputes between landlords and tenants (over the condition of the property, etc.)
- Disputes between purchaser and seller (over contracts, deposits, non-payment etc.)
- Disputes between estate agent and client (over commission or terms of retainer etc.)
How we can help
Mediation
Mediation is a voluntary process where a neutral third-party, the mediator, facilitates the disputants’ negotiation process for a private and amicable settlement.
For those with disputes against their estate agents, the Council for Estate Agencies (CEA) has developed a Mediation Sub-scheme to address points of contention in estate agency contracts. SMC is a prescribed dispute resolution centre under the Sub-scheme.
This Sub-scheme applies:
- To disputes which arise in estate agency agreements signed by a client and licensed estate agent on or after 1 January 2011.
- In the form prescribed under the Estate Agents (Estate Agency Work) Regulations 2010 for the sale, purchase or lease of residential property in Singapore whether on:
a) a non-exclusive basis; or
b) an exclusive basis.
The mediation process is subject to these laws and rules:
- Council for Estate Agencies Mediation Sub-Scheme Rules
- Estate Agents Act (Cap 95A).
- Estate Agents (Dispute Resolution Schemes) Regulations 2011.
Fees
The mediation fee is pegged to the quantum of the claim. It starts from $327.00 (inclusive of GST) per party.
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COUNCIL FOR ESTATE AGENCIES MEDIATION SUB-SCHEME |
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| Quantum of claim | Fee for Client | Fee for licensed estate agent |
| Up to $30,000 | $327.00 | $327.00 |
| Above $30,000 and up to $100,000 | $1,253.50 | $1,253.50 |
| Above $100,000 | SMC’s prevailing fees schedule under the Mediation Procedure shall apply. | |
| * The figures above are in Singapore dollars and inclusive of GST. | ||
For more information, please refer to the SMC-Council for Estate Agencies Procedure Rules and Fees on the Documents & Forms page:
- Council for Estate Agencies Mediation Sub-Scheme Rules
- Council for Estate Agencies Mediation Sub-scheme Fees
Mediation Procedure
For cases that are not eligible under the CEA Mediation Sub-scheme, parties can consider mediating under SMC’s Mediation Procedure.
Fees
Parties pay the mediation fees below for the Mediation Procedure.
| MEDIATION PROCEDURE FEE (FOR DISPUTES UP TO $60,000) |
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| A non-refundable filing fee of $27.25 is to be borne by each party, applicable to all mediations administered by the Singapore Mediation Centre. |
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| Sum in dispute | Mediation fees | Hourly rate |
| Up to $20,000 | $218.00 | $54.50 |
| Above $20,000 and up to $40,000 | $305.20 | $76.30 |
| Above $40,000 and up to $60,000 | $392.40 | $98.10 |
| * The figures above are in Singapore dollars and inclusive of GST.
** Each party will be charged a mediation fee for up to 4 hours of mediation. When the mediation extends beyond the 4 hours, each party will be charged at the applicable hourly rate as indicated above for each additional hour (or part thereof). |
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| MEDIATION PROCEDURE (For disputes above $60,000) |
|
| A non-refundable filing fee of $272.50 is to be borne by each party, applicable to all mediations administered by the Singapore Mediation Centre. | |
| Sum in dispute | Mediation fees |
| Above $60,000 and up to $100,000 | $981.00 per party per day |
| Above $100,000 and up to $250,000 | $1,308.00 per party per day |
| Above $250,000 and up to $500,000 | $2,997.50 per party per day |
| Above $500,000 and up to $1,000,000 | $3,542.50 per party per day |
| Above $1,000,000 and up to $2,500,000 | $4,632.50 per party per day |
| Above $2,500,000 and up to $5,000,000 | $5,722.50 per party per day |
| Above $5,000,000 and up to $10,000,000 | $7,030.50 per party per day |
| Above $10,000,000 and up to $20,000,000 | $8,447.50 per party per day |
| Above $20,000,000 and up to $50,000,000 | $10,082.50 per party per day |
| Above $50,000,000 | $12,262.50 per party per day |
| * The figures above are in Singapore dollars and inclusive of GST. | |
Please note that if parties choose their own mediator(s), the selected mediator(s) may charge his/her commercial rates and the above mediation fee will not be applicable.
For more information, please refer to the Mediation Procedure rules and fees on the Documents & Forms page:
Neutral Evaluation
Alternatively, SMC also offers neutral evaluation where an unbiased third party hears your case either through written briefs and/or oral presentations.
SMC works with a distinguished panel of neutral evaluators comprising former Supreme Court judges, judicial commissioners and senior counsel with extensive experience and knowledge in deciding legal issues.
This adjudicatory process, where the neutral evaluator considers the merits of your case, such as technical evaluations or points of law, allows contending parties to better understand the strengths and weaknesses of their case.
Parties can choose whether to have a binding opinion or not and opt for a documents-only evaluation or an evaluation with hearing(s). Where parties choose to have a binding opinion, neutral evaluation allows parties to have a speedy and cost-effective ruling, avoiding hefty litigation or arbitration bills. The process is entirely private and confidential.
Fees
Parties will have to pay SMC’s administrative fee, which is dependent on the sum of the dispute set out below.
| SMC’S ADMINISTRATIVE FEE | |
| Sum in dispute | Mediation fees |
| Up to $500,000 | $763.00 |
| $500,001 to $1,000,000 | $1,090.00 |
| $1,000,001 to $5,000,000 | $1,635.00 |
| Above $5,000,000 | $2,180.00 |
| * The figures above are in Singapore dollars and inclusive of GST. | |
In addition, they will have to pay the neutral evaluator whose rate may range from $500 – $1,200 per hour depending on their experience. The cost of the neutral evaluation will depend on the total number of hours spent by the neutral evaluator, which in turn is dependent on the nature and complexity of the dispute.
Other optional expenses include charges for venue and refreshments.
For more information, please refer to the neutral evaluation rules and fees on the Documents & Forms page: