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What can EAA investigate?
EAA is empowered to investigate and deal with any possible breach or infringement by a licensee of any requirement or provision of the Estate Agents Ordinance (EAO) and its subsidiary legislation, the Code of Ethics and Practice Circulars issued by EAA from time to time.
What information is required?
If you would like to make a formal complaint against a licensee, please give us as much information as you can, such as a detailed account of what, in your view, the licensee has done wrong, the dates involved, copies of any relevant or supporting documents (for example, provisional agreement for sale and purchase, provisional tenancy agreement, estate agency agreement, name cards, etc.), and any other materials you think can help us in our investigation.
How will EAA deal with my complaint?
Opening a file
We shall first make a preliminary assessment of all the materials received. If your complaint falls within our jurisdiction and warrants further investigation, a complaint file will be opened and assigned to a case officer. You will be notified in writing of the case reference number and the name of the case officer in charge of the file. |
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Giving your version of events
The case officer will normally ask you to attend our office to give a statement detailing your version of events. If for any reason you cannot come to our office, you can send us a written statement. However, attendance at our office is more helpful in pushing the investigation forward, as any ambiguities can be cleared up more quickly, and relevant persons and documents can be more precisely identified.
All the information we receive will be treated in strict confidence. Please note, however, that if the investigation so warrants, we may inform the licensee(s) being investigated and witness(es) of the subject matter, the full facts of the complaint, and who is making it.
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Investigation
In the majority of cases, we set out the allegations made against the complainee(s) (licensee[s]) in writing and give the complainee(s) the opportunity to respond in person or in writing. We conduct interviews with witnesses and other related parties, do site visits as well as review relevant documents and materials.
We may also enlist the help of law enforcement agencies and other government authorities where necessary. |
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Results
After finishing our investigation, the case officer will present the findings in a written report. If there is sufficient evidence to substantiate the allegation, EAA or its Disciplinary Committee will conduct an inquiry hearing.
After completing the investigation and inquiry hearing (if held), both parties will be notified in writing of the outcome.
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