| This monograph provides
readers with a basic knowledge of the principles governing
agency relationships under common law. The main body covers
topics ranging from the creation of agency, duties of an agent,
rights and obligations among principals, agents and third
parties, to termination of agency. Estate agents, in acting
for their principals (that is, clients), are subject to common
law principles like any other agent. However, common law is
only one of the legal sources governing the conduct and duties
of agents. In Hong Kong, estate agents are also subject to
the Estate Agents Ordinance (EAO) (Cap. 511) and its subsidiary
legislation. Whenever there is a conflict between common law
and statute law, statute law prevails.
In addition to the requirements under the EAO and its subsidiary legislation, estate agency practitioners
are also subject to the Code of Ethics and Practice Circulars
issued from time to time by the Estate Agents Authority (EAA).
Though not legally binding per se, these directives reflect
standards of good practice and may have implications on a
licensee's fitness to hold a licence. The last section
of this monograph summarises the major requirements of estate
agents under the EAO and its subsidiary
legislation.
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