(The following PDs apply to all licensees)
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| 2.1 |
A licensee who is engaged in estate agency work or who carries on the business of estate agency work should have a valid licence issued by the EAA.
(ss.15, 16, EAO)
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| 2.2 |
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| 2.2.1 |
A licensee should comply with all the conditions on his licence.
(s.27(2)(f), EAO)
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| 2.2.2 |
A licensee should not, in doing estate agency work, use any name other than the name specified in his licence. He should carry a staff identification document when at work for identification purpose and for inspection by EAA staff.
(s.55(2)(a), EAO)
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| 2.2.3 |
A licensee should not make any false or misleading statement when applying for the renewal of his licence, or in the course of being investigated by the EAA or during the proceedings of an inquiry hearing, appeal, or determination of commission disputes.
(s.55(1), EAO)
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| 2.3 |
A licensee should notify the EAA on the change of his registered address within 14 days of such change.
(s. 14(3)(a), EAO)
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| 2.4 |
A licensee should apply to the EAA as soon as is practicable for the replacement of his licence if it is lost, stolen, damaged, or destroyed.
(s. 11, LR)
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| 2.5 |
A licensee should cease doing any estate agency work on the date any suspension or revocation order that may be imposed on him takes effect.
(ss.15, 16, EAO)
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| 2.6 |
If his application for the renewal of his licence is refused by the EAA, or if his licence is revoked by the EAA, a licensee should not apply again before the expiration of 12 months from the date of such refusal or revocation, as the case may be.
(s.25, EAO; s.15, LR)
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| 2.7 |
A licensee should apply for the renewal of his licence not more than 3 months and not less than 1 month prior to the expiration of such licence unless the EAA has given prior written consent to a shorter period within which the application for renewal of licence should be made.
(s.23, EAO; s.13, LR)
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| 2.8 |
In the event of an inquiry or investigation being conducted by the EAA, a licensee should at the request of the EAA produce any record or other document in his possession or under his control, provide explanation or particulars in respect of such record or document, and give all assistance which he is reasonably able to give, and maintain confidentiality in respect of such inquiry and investigation.
(s.28, EAO)
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| 2.9 |
A licensee should notify the EAA by completing Form 8 in the Schedule to the PR within 31 days of his ceasing to be engaged in estate agency work.
(s. 40(1), EAO)
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(The following PDs apply to licensed estate agents carrying on the business of estate agency work)
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| 2.10 |
A licensed estate agent who carries on the business of estate agency work should apply for a valid statement of particulars of business for each of his places of business. He should display the relevant statement of particulars of business at a conspicuous place at such place of business.
(ss. 10(1), 14(1)(a), LR)
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| 2.11 |
A licensed estate agent should in case of changes in any particulars of his business apply to the EAA for corresponding amendments in the relevant statement of particulars of business.
(s. 14(1)(e), LR)
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| 2.12 |
A licensed estate agent should apply to the EAA as soon as is practicable for the replacement of his statement of particulars of business if it is lost, stolen, damaged, or destroyed.
(s. 11, LR)
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| 2.13 |
A licensed estate agent should state clearly and conspicuously on any letter, account, receipt, pamphlet, brochure and other document as well as all advertisements issued by him or on his behalf the following:-
| (i) | | his licence number or statement of particulars of business number; |
| (ii) | | the business name as stated in the relevant statement of particulars of business; and |
| (iii) | | the place of business as stated in the relevant statement of particulars of business (except for advertisements in non-brochure and pamphlet form). |
(s.14(1)(b), (c), LR)
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| 2.14 |
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| 2.14.1 |
A licensed estate agent who carries on the business of estate agency work should ensure that his existing and prospective salespersons hold valid estate agent's or salesperson's licences, as the case may be, and specify, assign and supervise their work accordingly.
(s.39(1), EAO)
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| 2.14.2 |
A licensed estate agent who carries on the business of estate agency work should ensure that each of his offices (principal office, only office, branch office, sub-office, or otherwise) is under the effective and separate control and management of a manager appointed by him and such manager is a licensed estate agent.
(s.38, EAO)
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| 2.15 |
When he receives moneys for or on account of a client, a licensed estate agent should use the moneys or any part thereof for making payments to his client or as his client directs in writing.
(s.43, EAO)
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| 2.16 |
A licensed estate agent should notify the EAA by completing Form 9 in the Schedule to the PR within 31 days of his employing or ceasing to employ a person as a salesperson.
(s. 40(2), EAO)
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| 2.17 |
A licensed estate agent should notify the EAA by completing Form 10 in the Schedule to the PR within 31 days of his appointing or terminating the appointment of a manager.
(s. 40(3), EAO)
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| 2.18 |
A licensed estate agent should notify the EAA by completing Form 12 in the Schedule to the PR within 31 days of his becoming or ceasing to be a partner of a partnership engaged in estate agency work.
(s. 40(5), EAO)
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(The following PDs apply to holders of estate agent (company) licence)
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| 2.19 |
A holder of an estate agent (company) licence should at any time have at least 1 director who holds a valid estate agent's licence issued by the EAA.
(s.20(1)(a), EAO; s.8, LR)
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| 2.20 |
A holder of an estate agent (company) licence should ensure that any of its directors who is, for the time being, engaged in its business as an estate agent holds a valid estate agent's licence issued by the EAA.
(s.20(1)(a), EAO)
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| 2.21 |
A holder of an estate agent (company) licence should ensure that each of its directors for the time being is a fit and proper person in accordance with section 20(3) of the EAO.
(s.20(1)(c), EAO)
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| 2.22 |
A holder of an estate agent (company) licence should notify the EAA by completing Form 11 in the Schedule to the PR within 31 days of its appointing a person as its director or such person ceasing to be its director.
(s.40(4), EAO)
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(The following PDs apply to licensees employed by an estate agent in the capacity of a salesperson)
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| 2.23 |
A licensee employed by an estate agent in the capacity of a salesperson should ascertain that his employer is a licensed estate agent. He can do so by reference to his employer's licence, the statement of particulars of business displayed at the office in which he is or is to be employed, or the Register maintained by the EAA.
(s. 16(1)(b), EAO)
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| 2.24 |
When a licensee employed by a licensed estate agent in the capacity of a salesperson receives moneys for or on account of a client, he should forthwith pay such moneys to the estate agent who employs him or into the trust account maintained by such estate agent.
(s.43, EAO)
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