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Inquiry Hearing Cases A Selection
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Again this estate agent was summoned by the Disciplinary Committee to an inquiry hearing, at which he explained that his shop had a shared doorway with its neighbour and that the electricity supply was shared too. This, he claimed, had made it impossible for him to appear not to be in business during suspension, although he was, at the time of the visit of EAA personnel, only minding his personal matters and not pursuing estate agency work. The Disciplinary Committee, however, was of the opinion that the estate agent was duty-bound to ensure that the public would not be misled and should have indicated that his shop was not in business through various means, including the posting of a notice. The Committee agreed to give him a second chance and, for this contravention, ordered that his licence be suspended for another month, adding that grave penalties would be imposed upon him if he was found to commit the same breach again.

Section 15 of the Estate Agents Ordinance
(1)
Subject to this Ordinance, an individual shall not, either by himself or as a member of a partnership:
 
(a)
exercise or carry on or advertise, notify or state that he exercises or carries on, or is willing to exercise or carry on, the business of doing estate agency work as an estate agent; or
(b) act as an estate agent; or
(c)
in any way hold himself out to the public as being ready to undertake, whether or not for payment or other remuneration (whether monetary or otherwise), estate agency work as an estate agent,
unless he is a licensed estate agent.
(2)
Subject to this Ordinance, a company shall not:
 
(a)
exercise or carry on or advertise, notify or state that it exercises or carries on, or is willing to exercise or carry on, the business of doing estate agency work as an estate agent; or
(b)
act as an estate agent; or
(c)
in any way hold itself out to the public as being ready to undertake, whether or not for payment or other remuneration (whether monetary or otherwise), estate agency work as an estate agent,
unless it is a licensed estate agent.

 

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