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The purpose of this pamphlet is to give a complainant a general idea of how we handle a complaint and provide answers to questions often asked
What can EAA investigate?
We may start an investigation if a licensed estate agent or salesperson ("licensee") :
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has failed to comply with any requirements or provisions of the EAO and its subsidiary legislation or a specified condition attached to the licence of a licensee; or |
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is not a fit and proper person to hold a licence due to matters such as convictions, bankruptcy, breach of the Code of Ethics, incompetency or other matters of public concern. |
What information is required ?
If you decide to make a formal complaint, please give us as much as information you can, such as a detailed account of what, in your view, the licensee has done wrong, the event dates and copies of any relevant documents (e.g. Provisional Agreement for Sale and Purchase, Provisional Tenancy Agreement, estate agency agreement, name cards, etc.) and any other evidence.
How will EAA deal with my complaint?
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Opening a file
We shall first have a preliminary assessment of the material received. If your complaint falls within our jurisdiction and warrants 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. |
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Getting your version of event
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 attend our office, you can write to us in your own way. Your attendance at our office is more conducive to a full and speedy investigation, as ambiguities can be cleared up sooner and persons and documents can be more precisely identified.
All information received by us will be treated in the strictest confidence. Please note however that fairness requires us to inform the licensee being investigated (or even witnesses in certain cases) of the subject matter of the complaint and who is making it.
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Investigation
In the majority of cases, we carry on by sending a letter of inquiry to the licensee ("complainee") setting out the allegations against him and inviting him to reply. |
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Findings
Upon completion of investigation, the case officer will report his findings in a written report. All reports will be thoroughly considered and, where necessary, may be referred to the Disciplinary Committee for further deliberation.
Both parties will be notified in writing of the findings.
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