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Reasons for Decisions of Past Inquiry Hearing Cases


To continue educating both the estate agency trade and the public, the EAA will anonymize and place on this webpage substantiated full inquiry hearing cases and the reasons for decisions of the Disciplinary Committee for a period of five years after they had been removed from publication on our webpage entitled “Recent Inquiry Hearing Results”.


While the EAA has used its best endeavours to ensure the accuracy of the information provided here, no statement, representation, warranty or guarantee, express or implied, is given by the EAA to the accuracy or completeness of such information, or the appropriateness for its use in any particular circumstances. The EAA will not be held liable whatsoever for any loss or damage caused to any person howsoever arising from any use, misuse of, or reliance on the information provided here.


Please select a category from the drop-down menu below to search for the relevant Reasons for Decisions of the Disciplinary Committee.


              Reasons for Decisions of Past Inquiry Hearing Cases
 
 Category

Adjudicated Date

Matters Concerned

Action Taken

Appeal Lodged

Appeal Result

Reason for Decision(s)
Advertisements/ Promotional materials

25/09/2017

1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – issuing an advertisement concerning a first-hand residential development in her own capacity instead of in the capacity of an estate agency company
2. (same as above)
3. (same as above)

1. Reprimand and fine $2,000
2. Reprimand and fine $2,000
3. Reprimand and fine $2,000

Yes The decision of the Disciplinary Committee upheld.

Click

Advertisements/ Promotional materials

14/11/2017

Failure to comply with paragraph 3.7.2 of the Code of Ethics – issuing promotional materials in relation to the sale of certain properties which contained incorrect information

Reprimand and fine $20,000

No

No

Click

Advertisements/ Promotional materials

17/11/2017

1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – issuing an advertisement concerning a first-hand residential development in his own capacity instead of in the capacity of an estate agency company
2. (Same as above)
3. (Same as above)
4. (Same as above)
5. (Same as above)

1. Reprimand and fine $2,000
2. Reprimand and fine $2,000
3. Reprimand and fine $2,000
4. Reprimand and fine $2,000
5. Reprimand and fine $2,000

No

No

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Advertisements/ Promotional materials

04/12/2017

1. Breach of section 6(1) of the Practice Regulation – failure to enter into an estate agency agreement (Form 5) with the landlord within 7 working days after accepting an instruction to lease the residential property
2. Breach of section 9(1) of the Practice Regulation-causing or permitting to be issued an advertisement which included statement or particular that was false or misleading in a material particular

1. Reprimand
2. Reprimand and fine $5,000

No

No

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Advertisements/ Promotional materials

31/01/2018

Failure to comply with paragraph 3.2.1 of the Code of Ethics – issuing an advertisement concerning a first-hand residential development in the licensee's personal capacity instead of in the capacity of an estate agency company

Reprimand and fine $2,000

No

No

Click

Advertisements/ Promotional materials

28/02/2018

1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – issuing an advertisement concerning a first-hand residential development in the licensee's personal capacity instead of in the capacity of an estate agency company
2. (Same as above)

1. Reprimand and fine $1,000
2. Reprimand and fine $1,000

No

No

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Effective control of estate agency business

24/08/2017

Breach of section 15 of the Practice Regulation – failure to establish proper procedures or systems to supervise and manage his business of doing estate agency work to ensure that the person under his control complied with the provisions of the EAO - the person under the licensee's control offered or made a loan to a prospective purchaser of a first sale property

Reprimand, fine $10,000, suspension of licence for 1 month (23/9/2017 – 22/10/2017) and attachment of a condition to the licence (specifying that licensee shall acquire 24 points under EAA's Continuing Professional Development Scheme)

No

No

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Effective control of estate agency business

08/02/2019

1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – offering and/or making a loan to a purchaser of a first-hand property
2. Breach of section 15 of the Practice Regulation – failure to establish proper procedures or systems to supervise and manage its business of doing estate agency work to ensure that its employee complied with the provisions of the EAO - its employee offered and/or made a loan to a purchaser of a first-hand property

1. Reprimand and fine $150,000
2. Reprimand and fine $150,000

Yes

The Appeal Tribunal determined that: The Disciplinary Committee's decision to reprimand the licensee should remain unchanged while the total fine imposed should be varied to $250,000.

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Estate Agency Agreements

12/07/2017

1. Breach of section 6(2) of the Practice Regulation – failure to enter into an estate agency agreement (Form 6) with the prospective tenant prior to arranging an inspection of a residential property
2. Breach of section 14(1)(b) of the Licensing Regulation – failure to state clearly and conspicuously on a receipt the number of his licence or the relevant Statement of Particulars of Business (SPOB) and the place of business as stated in the relevant SPOB

1. Reprimand
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)

No

No

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Estate Agency Agreements

04/12/2017

1. Breach of section 6(1) of the Practice Regulation – failure to enter into an estate agency agreement (Form 5) with the landlord within 7 working days after accepting an instruction to lease the residential property
2. Breach of section 9(1) of the Practice Regulation-causing or permitting to be issued an advertisement which included statement or particular that was false or misleading in a material particular

1. Reprimand
2. Reprimand and fine $5,000

No

No

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Estate Agency Agreements

05/03/2018

1. Failure to comply with paragraph 3.4.1 of the Code of Ethics – arranging for the prospective tenant to pay the deposits before the essential terms of the tenancy of the residential property concerned ("the Property") had been agreed upon by the transacting parties
2. Breach of section 6(2) of the Practice Regulation – failure to enter into an estate agency agreement (Form 6) with the prospective tenant prior to arranging an inspection of the Property

1. Reprimand, fine $1,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
2. Reprimand

No

No

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Estate Agency Agreements

12/04/2019

Breach of section 6(2) of the Practice Regulation – failure to enter into an estate agency agreement (Form 6) with the tenant prior to arranging an inspection of a residential property

Reprimand and fine $5,000

No

No

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Failure to observe clients instructions/honour assurance

18/10/2018

1. Failure to comply with paragraph 3.7.2 of the Code of Ethics - providing incorrect mortgage information in respect of the property concerned ("the Property") to a prospective purchaser
2. Failure to comply with paragraph 3.4.1 of the Code of Ethics – failure to withhold the Property transaction according to the prospective purchaser’s instruction and/or failure to relay to the vendor the prospective purchaser’s request for withholding the Property transaction
3. Failure to comply with paragraph 3.7.2 of the Code of Ethics – in handling the sale and purchase transaction of the Property, the licensee advised the prospective purchaser to make false declaration in her mortgage application while knowing that the prospective purchaser would let out the Property

1. Reprimand, fine $15,000, attachment of a condition to the licence (specifying that licensee shall acquire 4 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 6 weeks
2. Reprimand, fine $40,000, attachment of a condition to the licence (specifying that licensee shall acquire 8 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 10 weeks
3. Reprimand, fine $50,000, attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 12 weeks [With regard to paragraphs 1 to 3 above, the licensee's licence is suspended for a period of 14 weeks in total (17/11/2018 –22/2/2019)]

Yes

The Appeal Tribunal varied the decision of the Disciplinary Committee regarding the sanctions to:
1. Reprimand, fine $10,000 and attachment of a condition to the licence (specifying that licensee shall acquire 4 points under EAA's Continuing Professional Development Scheme)
2. Reprimand, fine $15,000, attachment of a condition to the licence (specifying that licensee shall acquire 8 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 4 weeks
3. Reprimand, fine $5,000, attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 4 weeks [With regard to paragraphs 2 and 3 above, the licensee's licence is suspended for a period of 4 weeks in total (27/4/2019 –24/5/2019)]

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Lack of authorization

06/06/2018

1. Failure to comply with paragraph 3.4.1 of the Code of Ethics – misrepresenting to the purchaser that the staircase in the property concerned was approved by the relevant government authority, when in fact it was not true
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to alert the purchaser to the risks involved in purchasing the property concerned which had unauthorized building works and/or failure to remind him to seek legal advice thereon before proceeding with the sale and purchase transaction
3. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to ensure that the representative had obtained the written authorization from the purchaser before arranging for the representative to sign the addendum to the provisional sale and purchase agreement in respect of the property concerned for and on behalf of the purchaser

1. Unsubstantiated
2. Unsubstantiated
3. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

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Land search

06/03/2019

1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to inform the tenant that an order had been issued by the Building Authority (“the Order”) against the property concerned (“the Property”) and the Order had not been complied with, and/or advise the tenant on the risks involved in renting the Property, and/or advise the tenant to seek legal advice thereon before arranging for the tenant to sign the provisional tenancy agreement ("PTA")
2. Failure to comply with paragraph 3.4.1 of the Code of Ethics – failure to supply a copy of the land search to the tenant before arranging for the tenant to sign the PTA
3. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when arranging for the representative of the tenant which was a limited company to sign the PTA for and on its behalf, the licensee failed to append the chop of the tenant's company or alternatively had the words "For and on behalf of (the name of the tenant's company)" written against the representative's signature

1. Reprimand, fine $3,000, attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 3 months (6/4/2019 – 5/7/2019)
2. Reprimand, fine $3,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

3. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) [Having regard to the principle of totality, the licensee is required to acquire a total of 24 points under the Scheme.]

No

No

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Misrepresentation/ Inaccurate information/ Improper advice

20/06/2017

1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – representing to the tenant and her family member that the estate agency company (for which the licensee was working) would not obtain commission from the landlord, when in fact it was not true
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when arranging for the representative of a party which was a limited company to sign the tenancy agreement for and on its behalf, the licensee failed to ascribe the representative's name below the representative's signature and failed to append the chop of the limited company or alternatively had the words "For and on behalf of (the name of the limited company)" written against the representative's signature

1. Reprimand, fine $2,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

Click

Misrepresentation/ Inaccurate information/ Improper advice

28/09/2017

1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – making a representation to the landlord that the tenancy agreement supplied by her to the landlord was a standard tenancy agreement provided by the Estate Agents Authority, when in fact it was not true
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when arranging for the representative of a party which was a limited company to sign the provisional tenancy agreement for and on its behalf, the licensee failed to ascribe the representative's name below the representative's signature and failed to append the chop of the limited company or alternatively had the words "For and on behalf of (the name of the limited company)" written against the representative's signature

1. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) [Having regard to the principle of totality, the licensee is required to acquire a total of 12 points under EAA's Continuing Professional Development Scheme.]

No

No

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Misrepresentation/ Inaccurate information/ Improper advice

14/12/2017

Failure to comply with paragraph 3.4.1 of the Code of Ethics – representing to the tenant that the properties concerned could be used for the purpose of hair salon business, when in fact it was not true, and/or failure to remind the tenant to seek legal advice as to whether the properties could be used for the purpose of hair salon business prior to arranging for the tenant to sign the preliminary tenancy agreement

Reprimand, fine $3,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

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Misrepresentation/ Inaccurate information/ Improper advice

20/11/2017

Failure to comply with paragraph 3.7.2 of the Code of Ethics – making misrepresentations to the purchasers in relation to the mortgage of a first-hand residential property

Reprimand, fine $5,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

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Misrepresentation/ Inaccurate information/ Improper advice

09/02/2018

1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – representing to the prospective purchasers that the toilet next to the property concerned formed part of the property, when in fact it was not true
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when arranging for the representative of a party which was a limited company to sign the provisional agreement for sale and purchase for and on its behalf, the licensee failed to ascribe the representative's name below the representative's signature

1. Unsubstantiated
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

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Misrepresentation/ Inaccurate information/ Improper advice

02/05/2018

1. Failure to comply with paragraph 3.5.1 of the Code of Ethics - failure to inform the tenant of a warning letter ("the Warning Letter") being registered in the Land Register of the property concerned, and/or failure to obtain a copy of the Warning Letter and provide to tenant with it, and/or failure to remind the tenant to seek legal/professional advice thereon before arranging the tenant's representative to sign the provisional tenancy agreement ("PTA")
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when arranging for the representatives of the transacting parties which were both limited companies to sign the PTA for and on their behalf, the licensee failed to ascribe the representatives' names below their signatures

1. Reprimand, fine $1,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) [Having regard to the principle of totality, the licensee is required to acquire a total of 12 points under the Scheme.]

No

No

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Misrepresentation/ Inaccurate information/ Improper advice

03/07/2018

1. Failure to comply with paragraph 3.4.1 of the Code of Ethics – in handling the leasing transaction of a shop, informing the tenant, without any proper basis, that the water supply was available in the shop, when in fact it was not true
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – amending the term of the provisional tenancy agreement that the tenant had already signed without obtaining the tenant’s written consent or arranging for the tenant to sign against the amendment for confirmation

1. Reprimand, attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 7 days (4/8/2018 – 10/8/2018)
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

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Misrepresentation/ Inaccurate information/ Improper advice

27/07/2018

Failure to comply with paragraph 3.4.1 of the Code of Ethics – failure to inform the tenant that an undischarged building order was found in the land search of the property concerned and/or failure to remind the tenant to seek legal advice on the risk thereof

Reprimand, fine $1,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

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Misrepresentation/ Inaccurate information/ Improper advice

28/08/2018

Failure to comply with paragraph 3.2.2 of the Code of Ethics – failure to keep himself informed of the Eligibility Criteria under the Mortgage Insurance Programme before advising the purchaser that she could obtain from a bank a mortgage loan including the mortgage insurance part for a unit of the development concerned at a price of more than HK$6 million

Reprimand, fine $8,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

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Misrepresentation/ Inaccurate information/ Improper advice

18/10/2018

1. Failure to comply with paragraph 3.7.2 of the Code of Ethics - providing incorrect mortgage information in respect of the property concerned ("the Property") to a prospective purchaser
2. Failure to comply with paragraph 3.4.1 of the Code of Ethics – failure to withhold the Property transaction according to the prospective purchaser’s instruction and/or failure to relay to the vendor the prospective purchaser’s request for withholding the Property transaction
3. Failure to comply with paragraph 3.7.2 of the Code of Ethics – in handling the sale and purchase transaction of the Property, the licensee advised the prospective purchaser to make false declaration in her mortgage application while knowing that the prospective purchaser would let out the Property

1. Reprimand, fine $15,000, attachment of a condition to the licence (specifying that licensee shall acquire 4 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 6 weeks
2. Reprimand, fine $40,000, attachment of a condition to the licence (specifying that licensee shall acquire 8 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 10 weeks
3. Reprimand, fine $50,000, attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 12 weeks [With regard to paragraphs 1 to 3 above, the licensee's licence is suspended for a period of 14 weeks in total (17/11/2018 –22/2/2019)]

Yes

The Appeal Tribunal varied the decision of the Disciplinary Committee regarding the sanctions to:
1. Reprimand, fine $10,000 and attachment of a condition to the licence (specifying that licensee shall acquire 4 points under EAA's Continuing Professional Development Scheme)
2. Reprimand, fine $15,000, attachment of a condition to the licence (specifying that licensee shall acquire 8 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 4 weeks
3. Reprimand, fine $5,000, attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 4 weeks [With regard to paragraphs 2 and 3 above, the licensee's licence is suspended for a period of 4 weeks in total (27/4/2019 –24/5/2019)]

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Misrepresentation/ Inaccurate information/ Improper advice

06/03/2019

1. Failure to comply with paragraph 3.7.2 of the Code of Ethics - providing incorrect mortgage information in respect of the property concerned ("the Property") to a prospective purchaser
2. Failure to comply with paragraph 3.4.1 of the Code of Ethics – failure to withhold the Property transaction according to the prospective purchaser’s instruction and/or failure to relay to the vendor the prospective purchaser’s request for withholding the Property transaction
3. Failure to comply with paragraph 3.7.2 of the Code of Ethics – in handling the sale and purchase transaction of the Property, the licensee advised the prospective purchaser to make false declaration in her mortgage application while knowing that the prospective purchaser would let out the Property

1. Reprimand, fine $3,000, attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 3 months (6/4/2019 – 5/7/2019)
2. Reprimand, fine $3,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
3. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
[Having regard to the principle of totality, the licensee is required to acquire a total of 24 points under the Scheme.]

No

No

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Misrepresentation/ Inaccurate information/ Improper advice

25/04/2019

Failure to comply with paragraph 3.4.1 of the Code of Ethics – representing to the vendor that he could collect the deposit within 3 weeks from the date he signed the provisional sale and purchase agreement of a residential property concerned when in fact it was not true, and/or he should not make a representation to the vendor regarding the release of deposit with a time frame stated therein

Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

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Offering of incentives/rebates

23/06/2017

Failure to comply with paragraph 3.7.2 of the Code of Ethics – failure to fulfill her promise to provide commission rebate to the purchaser

Reprimand, fine $10,000, attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 6 weeks (15/7/2017 – 25/8/2017)

No

No

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Offering of incentives/rebates

16/05/2018

Failure to comply with paragraph 3.7.2 of the Code of Ethics – failure to fulfill his promise to provide commission rebate to the prospective purchasers

Reprimand, fine $10,000, suspension of licence for 6 weeks (16/6/2018 – 27/7/2018) and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)]

No

No

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Offering of incentives/rebates

08/10/2018

1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – failure to fulfill his promise to provide commission rebate to the prospective purchasers and/or their relatives
2. (Same as above)

1. Reprimand, fine $100,000, attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 4 weeks
2. Reprimand, fine $100,000, attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 4 weeks [With regard to paragraphs 1 and 2 above, the licensee's licence is suspended for a period of 4 weeks in total (3/11/2018 –30/11/2018)]

No

No

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Offering of loan

11/07/2017

Failure to comply with paragraph 3.2.1 of the Code of Ethics – offering or making a loan to a prospective purchaser of a first sale property

Reprimand and fine $80,000

No

No

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 Offering of loan

24/08/2017

Failure to comply with paragraph 3.2.1 of the Code of Ethics – offering or making a loan to a prospective purchaser of a first sale property

Reprimand and fine $12,000

No

No

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 Offering of loan

01/09/2017

Failure to comply with paragraph 3.2.1 of the Code of Ethics – making a loan to a prospective purchaser of a first sale property

Reprimand and fine $120,000

No

No

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 Offering of loan

26/09/2017

Failure to comply with paragraph 3.2.1 of the Code of Ethics – making a loan to a prospective purchaser of a first sale property

Reprimand and fine $120,000

No

No

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 Offering of loan

04/10/2017

Failure to comply with paragraph 3.2.1 of the Code of Ethics – making a loan to a prospective purchaser of a first sale property

Reprimand and fine $120,000

No

No

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Offering of loan

03/08/2018

Failure to comply with paragraph 3.2.1 of the Code of Ethics – offering and/or making a loan to a prospective purchaser of the first-hand properties

Reprimand, fine $15,000, attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 14 days (8/9/2018 – 21/9/2018)

No

No

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 Offering of loan

20/08/2018

Failure to comply with paragraph 3.2.1 of the Code of Ethics – making a loan to prospective purchasers of the first-hand properties

Reprimand and fine $250,000

Yes

The decision of the Disciplinary Committee upheld.

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 Offering of loan

08/02/2019

1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – offering and/or making a loan to a purchaser of a first-hand property
2. Breach of section 15 of the Practice Regulation – failure to establish proper procedures or systems to supervise and manage its business of doing estate agency work to ensure that its employee complied with the provisions of the EAO - its employee offered and/or made a loan to a purchaser of a first-hand property

1. Reprimand and fine $150,000
2. Reprimand and fine $150,000

Yes

The Appeal Tribunal determined that:
The Disciplinary Committee's decision to reprimand the licensee should remain unchanged while the total fine imposed should be varied to $250,000.

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Omission of licensees’ particulars

12/07/2017

1. Breach of section 6(2) of the Practice Regulation – failure to enter into an estate agency agreement (Form 6) with the prospective tenant prior to arranging an inspection of a residential property
2. Breach of section 14(1)(b) of the Licensing Regulation – failure to state clearly and conspicuously on a receipt the number of his licence or the relevant Statement of Particulars of Business (SPOB) and the place of business as stated in the relevant SPOB

1. Reprimand
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)

No

No

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Omission of licensees’ particulars

09/11/2017

1. Failure to comply with paragraph 3.5.1 of the Code of Ethics – informing the tenant of a leasing transaction of a shop that the shop was free from water leakage problem, when in fact it was not true
2. Failure to comply with paragraph 3.5.1 of the Code of Ethics – failure to provide the keys of the ladies toilet and the toilet for the disabled to the tenant as promised
3. Breach of section 14(1)(b) of the Licensing Regulation – failure to state clearly and conspicuously on a receipt issued by her the number of her licence or the relevant Statement of Particulars of Business ("SPOB") and the place of business as stated in the relevant SPOB

1. Unsubstantiated
2. Unsubstantiated
3. Reprimand and fine $2,000

No

No

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Omission of licensees’ particulars

05/03/2018

Breach of section 14(1)(b) of the Licensing Regulation – failure to state clearly and conspicuously on a receipt issued by her the number of her licence or the relevant Statement of Particulars of Business ("SPOB") and the place of business as stated in the SPOB

Reprimand, fine $3,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

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Requirements for signing of sale and purchase/tenancy agreement

20/06/2017

1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – representing to the tenant and her family member that the estate agency company (for which the licensee was working) would not obtain commission from the landlord, when in fact it was not true
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when arranging for the representative of a party which was a limited company to sign the tenancy agreement for and on its behalf, the licensee failed to ascribe the representative's name below the representative's signature and failed to append the chop of the limited company or alternatively had the words "For and on behalf of (the name of the limited company)" written against the representative's signature

1. Reprimand, fine $2,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

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Requirements for signing of sale and purchase/tenancy agreement

28/09/2017

1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – making a representation to the landlord that the tenancy agreement supplied by her to the landlord was a standard tenancy agreement provided by the Estate Agents Authority, when in fact it was not true
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when arranging for the representative of a party which was a limited company to sign the provisional tenancy agreement for and on its behalf, the licensee failed to ascribe the representative's name below the representative's signature and failed to append the chop of the limited company or alternatively had the words "For and on behalf of (the name of the limited company)" written against the representative's signature

1. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
[Having regard to the principle of totality, the licensee is required to acquire a total of 12 points under EAA's Continuing Professional Development Scheme.]

No

No

Click

Requirements for signing of sale and purchase/tenancy agreement

12/01/2018

Failure to comply with paragraph 3.4.1 of the Code of Ethics – failure to take proper steps to arrange for the tenant to initial against the amended term in the provisional tenancy agreement as confirmation

Reprimand, fine $1,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

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Requirements for signing of sale and purchase/tenancy agreement

12/01/2018

Failure to comply with paragraph 3.4.1 of the Code of Ethics – failure to ensure that the tenant had initialed against the amendment made by the landlord to the provisional tenancy agreement to signify its consent to the said amendment before releasing to the landlord the cheque for payment of the initial deposit

Reprimand, fine $1,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

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Requirements for signing of sale and purchase/tenancy agreement

09/02/2018

1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – representing to the prospective purchasers that the toilet next to the property concerned formed part of the property, when in fact it was not true
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when arranging for the representative of a party which was a limited company to sign the provisional agreement for sale and purchase for and on its behalf, the licensee failed to ascribe the representative's name below the representative's signature

1. Unsubstantiated
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

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Requirements for signing of sale and purchase/tenancy agreement

05/03/2018

1. Failure to comply with paragraph 3.4.1 of the Code of Ethics – arranging for the prospective tenant to pay the deposits before the essential terms of the tenancy of the residential property concerned ("the Property") had been agreed upon by the transacting parties
2. Breach of section 6(2) of the Practice Regulation – failure to enter into an estate agency agreement (Form 6) with the prospective tenant prior to arranging an inspection of the Property

1. Reprimand, fine $1,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
2. Reprimand

No

No

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Requirements for signing of sale and purchase/tenancy agreement

02/05/2018

1. Failure to comply with paragraph 3.5.1 of the Code of Ethics - failure to inform the tenant of a warning letter ("the Warning Letter") being registered in the Land Register of the property concerned, and/or failure to obtain a copy of the Warning Letter and provide to tenant with it, and/or failure to remind the tenant to seek legal/professional advice thereon before arranging the tenant's representative to sign the provisional tenancy agreement ("PTA")
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when arranging for the representatives of the transacting parties which were both limited companies to sign the PTA for and on their behalf, the licensee failed to ascribe the representatives' names below their signatures

1. Reprimand, fine $1,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) [Having regard to the principle of totality, the licensee is required to acquire a total of 12 points under the Scheme.]

No

No

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Requirements for signing of sale and purchase/tenancy agreement

03/07/2018

1. Failure to comply with paragraph 3.4.1 of the Code of Ethics – in handling the leasing transaction of a shop, informing the tenant, without any proper basis, that the water supply was available in the shop, when in fact it was not true
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – amending the term of the provisional tenancy agreement that the tenant had already signed without obtaining the tenant’s written consent or arranging for the tenant to sign against the amendment for confirmation

1. Reprimand, attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 7 days (4/8/2018 – 10/8/2018)
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

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Requirements for signing of sale and purchase/tenancy agreement

06/03/2019

Failure1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to inform the tenant that an order had been issued by the Building Authority (“the Order”) against the property concerned (“the Property”) and the Order had not been complied with, and/or advise the tenant on the risks involved in renting the Property, and/or advise the tenant to seek legal advice thereon before arranging for the tenant to sign the provisional tenancy agreement ("PTA")
2. Failure to comply with paragraph 3.4.1 of the Code of Ethics – failure to supply a copy of the land search to the tenant before arranging for the tenant to sign the PTA
3. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when arranging for the representative of the tenant which was a limited company to sign the PTA for and on its behalf, the licensee failed to append the chop of the tenant's company or alternatively had the words "For and on behalf of (the name of the tenant's company)" written against the representative's signature

1. Reprimand, fine $3,000, attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 3 months (6/4/2019 – 5/7/2019)
2. Reprimand, fine $3,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
3. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) [Having regard to the principle of totality, the licensee is required to acquire a total of 24 points under the Scheme.]

No

No

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Unruly behavior

01/12/2017

Failure to comply with paragraph 3.7.2 of the Code of Ethics – insulting a prospective purchaser of a property by sending WhatsApp messages which contained foul language

Reprimand and suspension of licence for 21 days (6/1/2018 – 26/1/2018)

No

No

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Unruly behavior

21/09/2018

Failure to comply with paragraph 3.7.2 of the Code of Ethics – insulting Estate Agents Authority staff with foul language at a first-hand residential development

Admonishment and attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)

No

No

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Unruly behavior

19/03/2019

Failure to comply with paragraph 3.7.2 of the Code of Ethics – attacking a staff member of the other estate agency company when promoting the sale of a first-hand residential development

Reprimand, attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 12 weeks (27/4/2019 – 19/7/2019)

No

No

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Miscellaneous

11/09/2018

 

 

Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to give written notification to his employer who was involved in the sale and /or purchase of a development ("the Development") no later than the same day after the licensee had submitted for himself the registrations of intent (“RIs”) in the Development or before the closing time for the submission of RIs as regards the number of RIs and cashier orders the licensee had submitted Reprimand, fine $3,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)

No

No

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Miscellaneous

15/11/2018

 

 

Failure to comply with paragraph 3.4.1 of the Code of Ethics – in handling the leasing of a property, arranging the tenant to enter into a provisional tenancy agreement and tenancy agreement with a person who claimed himself the landlord of the property Reprimand, fine $5,000, attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 14 days (15/12/2018 – 28/12/2018)

No

No

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Miscellaneous

04/02/2019

 

 

Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to wear Estate Agent card and/or staff card when promoting the sale of first-hand properties Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)

No

No

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