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**No, you cannot simply bypass the second agent to make an offer through your original agent without triggering a serious legal commission dispute.**

Even though the agreement was only for 5 days, signing an agreement and viewing that specific property with the new agent makes her the **effective cause of introduction** for that house.

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### 1. The Legal Trap: "Effective Cause" & Post-Agreement Clauses

* **CEA Standard Form Terms:** Under CEA’s prescribed Estate Agency Agreements (e.g., Form 5 or Form 6), there is almost always a clause stating that commission remains payable if you purchase a property that was **introduced to you during the agreement period**, even if the transaction completes **within 3 months after the agreement expires**.
* **Effective Cause of Sale:** Under Singapore common law and CEA dispute guidelines, an agent who sourced the unit, arranged the viewing, and introduced you to the seller has established the primary introduction.
* **Double Commission Risk:** If your original agent submits the offer and closes the deal, the second agent can lodge a formal claim for commission based on the signed form and the introduction record. You could end up liable for commission or drag both agencies into a dispute board.

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### 2. How to Handle This Safely

1. **Check What You Actually Signed:** Pull out the 5-day document immediately. Check whether it is an official CEA Exclusive Estate Agency Agreement (Form 5), a Non-Exclusive Agreement (Form 6), or a private viewing slip. Check for clauses mentioning liability within **3 months after expiry**.
2. **Be Upfront with Your Original Agent:** Tell your trusted agent of 2 years immediately: *"We viewed unit [Address] with another salesperson under a 5-day agreement. We prefer you to negotiate, but want to make sure you do not run into an effective-cause dispute."*
3. **Explore Co-Broking / Agency Settlement:** An ethical and experienced agent can contact the second agent to propose a **co-broking arrangement** (splitting the buyer's representation or sharing commission), ensuring everyone is compensated transparently and protecting you from conflicting legal claims.

Do not attempt to secretly switch back to your original agent for that specific property without addressing what you signed.

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Gan Eng Joo Onassis 颜荣裕, REALTOR®

MSc BIT (Middlesex, UK); BBA (UniSA)

CEA Reg No: R021244C | Mobile: (+65) 88899918 

Email: onassis@sgagent.com

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ANSWERS

✔1. It depends on the exact terms of the 5-day agreement you signed with the second agent. Check whether it covers only that viewing or also any offer or transaction involving the property.

✔2. Once the 5 days expire, you may be able to use your original agent, but expiry alone does not automatically remove any obligations under the agreement.

✔3. Before making an offer, ask the second agent to confirm in writing whether you can proceed through your original agent after the agreement ends.

✔4. In Singapore, CEA explains that exclusive agreements may carry commission obligations during the agreement period and, in certain cases, for three months after expiry. Check whether your 5-day document is exclusive or has special conditions.

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Hi there!

Having worked with your original agent for over two years, I can understand why you would prefer to have someone you know and trust represent you in the purchase.

**The important question is not simply whether the five days have expired, but what exactly you agreed to when signing the document with the second agent.**

Was it a viewing acknowledgement, an exclusive buyer representation agreement, or another form of agreement?

These documents can carry very different obligations.

For example, under CEA's prescribed exclusive estate agency agreement, certain commission obligations may continue after the agreement expires.

However, we should not automatically assume that every five-day agreement has the same conditions.

**My suggestion would be to:**

1. Review the exact document you signed, particularly the scope of appointment, commission obligations and any clauses that survive expiry.

2. Inform your original agent about the viewing and the agreement before proceeding with an offer.

3. Where necessary, seek written clarification from the second agent or her agency regarding your obligations.

If both agents are willing, they may also explore an appropriate arrangement that allows your preferred agent to remain involved without creating unnecessary disputes.

**One thing I would emphasise is that a property purchase is a significant commitment, and you should feel comfortable with the person representing your interests.**

At the same time, any contractual obligations already undertaken should be respected.

If you're uncertain about the enforceability of the document, a lawyer familiar with estate agency agreements would be best placed to advise you.

I hope this helps, and all the best with your purchase!

Best regards,
**Geryl Lim**
CEA Reg. No. R014783H
WhatsApp: 9278 7772  Read More

Hi,

1) Most agents do not have a readily prepared client & agent agreement.
2) Commonly an agreement prescribed by CEA will be used by most if not all agents.
3) If you signed such an agreement, on page 2 term 5(b): Commission stated that:
- If the Property is purchased by the Buyer after the Validity Period but within 3 calendar months after the Expiry Date, the Buyer shall be liable to pay commission to the Estate Agent if, during the Validity Period, the availability of the Property for purchase from the Seller was made known to the Buyer by the Estate Agent.

4) This means that you are obligned to pay the agreed commission to this agent who signed a 5 days agreement if you sign an OTP within 3 months from the expiry date of the engagement agreement.
5) If you engage another agent other than this agent who viewed this unit with you to buy. This means you have to pay commission to this agent and the original agent if you buy within 3 months after the 5 days.

All The Best!!!

I hope the above answers your main concerns. If you have more questions, please feel free to contact me at 9011*0636 or email ling.ck7@gmail.com for more information.
I'll be glad to assist.

Best regards
Ling CK
9011 * 0636
ling.ck7@gmail.com
https://www.linkedin.com/in/ckling/
https://agents.huttonsgroup.com/R056727F/ Read More

Hello, you always maintain the option of using whichever agent you wish.

However, it also depends on what exactly the 5 day agreement specifies (for example, does it state that you have to use that agent if you buy that specific house you viewed together until any specific wait-out period is over).

In any case, it would be nice to inform either agent why you have chosen to engage / not engage them.

Kay Cloud
The Harvard Educated Agent
Propnex Realty Pte Ltd
cloud@propnex.com
Tel: (+6.5.) 8.5.6.7.4.5.8.5
Whatsapp -> https://wa.me/6585674585 Read More