(1) Without affecting the generality of section 84 of the Act, a Solicitor acting for a developer in a housing project cannot act for any purchaser in respect of any lot in the same phase of the project.
(2) Where an Advocate and Solicitor acts for a purchaser in the purchase of a housing accommodation developed under a housing development, he/she shall not receive his/her remuneration for the transaction from the housing developer, and the developer and the purchaser shall each pay for the fees of his/her own Advocate and Solicitor.
(3) Where an Advocate and Solicitor or the firm of which he/she is a member either as a partner or employee is appointed or empanelled as a member of the developer’s panel of lawyers, he/she shall be deemed to be acting for the developer and he/she shall not act for any purchaser in respect of any lot in the same phase of the housing development.
Example:If a Solicitor or his/her firm is appointed or empanelled as a member of the developer’s panel of lawyers for Phase 1 of a housing development project, he/she may not act for any purchaser in the said Phase 1. If the Solicitor or his/her firm is no longer appointed or empanelled as a member of the developer’s panel of lawyers for any subsequent phase of the same housing development project, he/she may act for any purchaser in any subsequent phase of the same housing project in which he/she or his/her firm is not a member of the developer’s panel of lawyers.
(4) When a Solicitor acts for a developer and attests the signature of a purchaser who is not represented by a Solicitor in the transaction, the Solicitor acting for a developer shall in addition to obtaining from the purchaser a certificate signed by the purchaser pursuant to the proviso of section 84(1) of the Act also inform the purchaser in writing that he/she is not acting for the purchaser.
(Updated as at 8 June 2015)