Business as usual while under suspension

An estate agent had his licence suspended for one month for a second time by the Disciplinary Committee as the result of his continuing to carry out estate agency business during a period of suspension.

In an earlier hearing, the estate agent, being a director of an estate agency company, was found to be as culpable as the company, which had breached a provision of the Estate Agents Ordinance, and his licence was suspended for one month. By the time he was to serve out the suspension, the estate agent was already operating his business as a sole proprietor. The suspension of his licence meant in such circumstances that his shop also had to cease operation during the period of suspension. His shop had to refrain from holding itself out to be carrying on estate agency business as well.

However, when staff members of EAA inspected this estate agent's shop premises during the period of suspension, the doors were found to be wide open and the lights on, and property advertisements were on display at the shop front. The agent himself was found sitting before a computer inside. It was obvious that the owner of the shop was holding out to the public as being ready to undertake estate agency activities while his licence was still under suspension. The matter was then referred to the Police which took action accordingly. The estate agent pleaded guilty to a charge of practising estate agency without a valid licence in court and was fined $2,000.