Tougher guidelines for property adverts in Singapore
Tough new measures are being introduced this week for real estate advertising in Singapore, which includes overseas property.
The new guidelines, which come into effect on Wednesday 12 August, guidelines aim to minimise the scope for advertisers of investments and investment services to make claims that are speculative, misleading or which cannot be substantiated.
The enhanced guidelines, from the Advertising Standards Authority of Singapre (ASAS), are contained under Appendix J of the Singapore Code of Advertising Practice (SCAP), which were developed in consultation with the Monetary Authority of Singapore (MAS) and the Council for Estate Agencies (CEA).
Advertisers and media owners with contracts signed prior to 12 August will be given a three-month grace period until 11 November 2015 to fulfil the existing contractual requirements and adhere to the enhanced guidelines.
“The ASAS Council has observed an increase in advertising of investments, including investment in overseas properties, and investment services such as wealth management seminars and seminars teaching trading strategies,” the guidelines state.
“Such advertisements may promise high or guaranteed returns or results. However, they do not always provide sufficient warnings against any financial, legal or regulatory risks of such investments (e.g. restrictions on sale of properties by foreign citizens, potential tax liabilities).
“Consumers responding to such advertisements may not be aware of the risks of limited legal redress, risks of the investment, or the possibility of losing some or all of their capital investment.”
Advertisements on investments and investment services should ensure that members of the public are fully aware of the true nature of any financial commitment that they may enter into as a result of responding.
The guidelines refer to any form of advertising, across any media platforms (including internet and company-owned websites and interactive mobile applications) and “includes advertising which promotes the interest of any person, product or service, impart of information, educates or advocates an idea, belief or opportunity.”
The measures include any “investment in immovable and moveable properties (located in Singapore or overseas), any product or service, instrument, in whatever form or nature, that a consumer is offered or invited to purchase or invest in, with the expectation of generating future profit, benefit, capital appreciation and/ or gains.”
The appendix of rules also includes other obligations that advertisers must follow, including the fact that testimonials and endorsements “must be representative of the average consumer.”
Advertisements must also “be understood easily and must not take advantage of the consumer’s inexperience or gullibility.”
“Advertisements should not contain claims that give the impression that an investment is ‘safe’, ‘low-risk’ or ‘risk-free’ or able to generate ‘quick’, ‘easy’ or ‘high’ profits with little or no risk,” the guidelines say.
There are also specific rules that concern properties that are based abroad detailing that “Advertisements for real property located abroad, whether for sale, investment or owner-occupation, should not mislead or exaggerate.”
Knight Frank executive director Tan Tee Khoon has told Singapore Law Watch, “They are definitely a move in the right direction of responsible advertising, so that prospective buyers or investors are not misled.
“That said, it may be challenging for a property advertisement to encapsulate all the requirements of the ASAS enhanced guidelines. The advertisement may have to be sizeable and wordy to make clear the charges, expenses or tax liabilities when these can be found in the sales-and-purchase agreement.”
Those who fail to comply will be asked to withdraw or revise their adverts and could face negative publicity from the authorities.
http://www.opp.today/tougher-guidelines-for-property-adverts-in-singapore/