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Will EAA investigate all complaints?
There are certain circumstances where we may not investigate a complaint, for example, if the matter is outside our jurisdiction, there is insufficient information to pursue the case, or there has been a long lapse of time and the complainant is unable to recall the event and supply evidence.
Can EAA give legal advice on a civil dispute between an estate agent and a complainant?
As a regulatory body charged with regulating and controlling the practice of estate agents, we should always maintain our neutrality and act within the ambit of the EAO. It is therefore inappropriate for us to give legal advice to a complainant or estate agent on civil disputes.
Will EAA refer my complaint to law enforcement agencies or other government authorities?
If your report or our investigation reveals possible commission of any crime or offence under the EAO or other legislation, we may refer the case to the police, the Independent Commission Against Corruption, or other appropriate government authorities for investigation.
How will an investigation by other law enforcement agencies or court proceedings affect my complaint?
Where any matter substantially or closely related to the complaint is being investigated by other law enforcement agencies, or is being or about to be tried or litigated, we may defer our investigation of the complaint until the parallel investigation or judicial proceedings are over so as not to prejudice such parallel investigation or judicial proceedings.
What happens if an inquiry hearing is held?
If there is an inquiry hearing, the case will be heard by EAA or its Disciplinary Committee. The complainant and the complainee may give evidence, as may their witnesses. The complainee may have legal representation.
EAA or its Disciplinary Committee may summon any person to attend the inquiry hearing to give evidence.
If EAA or its Disciplinary Committee finds that your complaint is substantiated, it may exercise any of its disciplinary powers under Section 30 of the EAO, namely, admonishment, reprimand, fine, suspension, revocation, attachment of conditions to a practitioner's licence and variation of conditions attached to a practitioner's licence.
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