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Reasons for Decisions of Past Inquiry Hearing Cases
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| Category |
Adjudicated Date
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Matters Concerned
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Action Taken
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Appeal Lodged |
Appeal Result
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Reason for Decision(s) |
| Advertisements/ Promotional materials |
03/08/2020
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Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to state clearly and legibly in the property advertisements the date on which they were issued or updated
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Reprimand and fine $1,500
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No
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No
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Click
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| Advertisements/ Promotional materials |
02/09/2020
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1. Breach of section 9(2) of the Practice Regulation – failure to obtain the vendor's written consent prior to the issue of an advertisement in respect of a residential property ("the Property")
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to comply with the guidelines issued by the Estate Agents Authority when providing the floor area of the Property in an advertisement
3. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to state clearly and legibly the property number and the date on which it was issued or updated in an advertisement for a residential property
4. (Same as above)
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1. Reprimand, fine $500 and attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)
2. Reprimand, fine $500 and attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)
3. Reprimand, fine $1,000 and attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)
4. Reprimand, fine $1,000 and attachment of a condition to the licence (specifying that licensee shall acquire 6 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]
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No
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No
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Click
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| Advertisements/ Promotional materials |
19/11/2020
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Breach of section 9(2) of the Practice Regulation – failure to obtain the vendor's written consent prior to the issue of an advertisement in respect of a residential property
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Reprimand and fine $14,000
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No
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No
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Click
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| Advertisements/ Promotional materials |
02/07/2021
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1. Breach of section 9(2) of the Practice Regulation – failure to obtain the vendor's written consent prior to the issue of an advertisement in respect of the properties of a first-hand residential development
2. (Same as above)
3. (Same as above)
4. (Same as above)
5. (Same as above)
6. (Same as above)
7. (Same as above)
8. (Same as above)
9. (Same as above)
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1. Reprimand and fine $6,500
2. Reprimand and fine $6,500
3. Reprimand and fine $6,500
4. Reprimand and fine $6,500
5. Reprimand and fine $5,000
6. Reprimand and fine $5,000
7. Reprimand and fine $5,000
8. Reprimand and fine $5,000
9. Reprimand and fine $5,000
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No
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No
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Click
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| Advertisements/ Promotional materials |
30/07/2021
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1. Breach of section 36(1)(a)(i) of the EAO - failure to possess the prescribed information in relation to a residential property concerned
2. Breach of section 3(2)(a) of the Practice Regulation – failure to complete the estate agency agreement (Form 3) in accordance with the directions and instructions as specified in the form
3. Breach of section 36(1)(a)(i) of the EAO - failure to possess the prescribed information in relation to a residential property concerned
4. Failure to comply with paragraph 3.5.1 of the Code of Ethics – in handling a tenancy transaction of a residential property ("the Property"), failed to exercise due care and due diligence when completing an estate agency agreement (Form 5) in relation to the Property in ensuring that the full name of the landlord was correctly stated in the Form 5 before arranging for the landlord to sign the Form 5
5. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to state clearly and legibly in a property advertisement the date on which the advertisement was issued or updated
6. (Same as above)
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1. Reprimand and fine $1,000
2. Reprimand
3. Reprimand and fine $1,000
4. Reprimand
5. Reprimand and fine $1,500
6. Reprimand and fine $1,500
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No
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No
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Click
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| Advertisements/ Promotional materials |
01/09/2021
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1. Breach of section 36(1)(a)(i) of the EAO - failure to possess the prescribed information in relation to the residential property concerned
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics - failure to state clearly the expiry date of its validity period in the estate agency agreement (Form 3)
3. Breach of section 3(2)(a) of the Practice Regulation – failure to complete the estate agency agreement (Form 3) in accordance with the directions and instructions as specified in the form
4. Breach of section 36(1)(a)(i) of the EAO - failure to possess the prescribed information in relation to the residential property concerned
5. Breach of section 9(2) of the Practice Regulation – failure to obtain the vendor's written consent prior to the issue of an advertisement in respect of a residential property
6. Failure to comply with paragraph 3.2.1 of the Code of Ethics - failure to state clearly the expiry date of its validity period in the estate agency agreement (Form 3)
7. Breach of section 3(2)(a) of the Practice Regulation – failure to complete the estate agency agreement (Form 3) in accordance with the directions and instructions as specified in the form
8. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to comply with the guidelines issued by the Estate Agents Authority when issuing an advertisement of a residential property which includes its floor area information
9. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to state clearly and legibly in a property advertisement the property number and the date on which the advertisement was issued or updated
10. (Same as above)
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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, 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)
3. Reprimand
4. 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)
5. Reprimand and fine $1,000
6. 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)
7. Reprimand
8. 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)
9. Reprimand, fine $1,500 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
10. Reprimand, fine $1,500 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]
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No
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No
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Click
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| Advertisements/ Promotional materials |
08/10/2021
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1. Breach of section 9(2) of the Practice Regulation – failure to obtain the vendor's written consent prior to the issue of an advertisement in respect of the properties of a first-hand residential development ("the Development")
2. (Same as above)
3. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to state clearly and legibly in an advertisement of the Development the date on which it was issued or updated
4. (Same as above)
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1. Reprimand and fine $40,000
2. Reprimand and fine $40,000
3. Reprimand and fine $9,000
4. Reprimand and fine $9,000
[Having regard to the principle of totality, the licensee is fined $49,000 in total.]
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No
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No
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Click
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| Advertisements/ Promotional materials |
29/11/2021
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1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to state clearly and legibly in a property advertisement the property number and the date on which the advertisement was issued or updated
2. (Same as above)
3. Failure to comply with paragraph 3.2.1 of the Code of Ethics - failure to state clearly the expiry date of its validity period in the estate agency agreement ("Form 5")
4. (Same as above)
5. Breach of section 3(3)(b) of the Practice Regulation - failure to ensure the accuracy of the information included in the leasing information form ("Form 2") of a residential property
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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 $1,000
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No
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No
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Click
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| Advertisements/ Promotional materials |
02/12/2021
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1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – issuing or permitting to be issued on the internet an advertisement containing fictitious licence information
2. (Same as above)
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1. Reprimand and fine $25,000
2. Reprimand and fine $25,000
[Having regard to the principle of totality, the licensee was fined $25,000 in total.]
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No
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No
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Click
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| Advertisements/ Promotional materials |
14/12/2021
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Failure to comply with paragraph 3.2.1 of the Code of Ethics – posting an advertisement of a first-hand residential development in the licensee's own capacity instead of in the capacity of an estate agency company
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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)
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No
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No
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Click
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| Advertisements/ Promotional materials |
29/12/2021
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Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to state clearly and legibly in a residential property advertisement the date on which the advertisement was issued or updated
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Reprimand and fine $15,500
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No
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No
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Click
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| Advertisements/ Promotional materials |
03/01/2022
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Failure to comply with paragraph 3.2.1 of the Code of Ethics – posting an advertisement of a first-hand residential development in the licensee's own personal capacity instead of in the capacity of an estate agency company
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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)
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No
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No
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Click
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| Advertisements/ Promotional materials |
31/01/2022
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Failure to comply with paragraph 3.2.1 of the Code of Ethics – posting an advertisement of a first-hand residential development in the licensee's own capacity instead of in the capacity of an estate agency company
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Reprimand and fine $2,000
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No
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No
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Click
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| Advertisements/ Promotional materials |
15/06/2022
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1. Breach of section 9(2) of the Practice Regulation – failure to obtain the vendor’s written consent prior to the issue of an advertisement in respect of a first-hand residential development
2. (Same as above)
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1. Reprimand and fine $62,500
2. Reprimand and fine $62,500
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Yes
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The decision of the Disciplinary Committee upheld
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Click
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| Advertisements/ Promotional materials |
15/06/2022
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Breach of section 9(2) of the Practice Regulation – failure to obtain the vendor’s written consent prior to the issue of an advertisement in respect of a first-hand residential development
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Reprimand and fine $20,500
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Yes
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The decision of the Disciplinary Committee upheld
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Click
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| Advertisements/ Promotional materials |
22/06/2022
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1. Breach of section 9(3) of the Practice Regulation – causing or permitting a residential property concerned to be advertised at a price different from that instructed by the vendor
2. Breach of section 9(3) of the Practice Regulation – causing or permitting a residential property concerned to be advertised on term(s) different from that instructed by the vendor
3. Breach of section 9(3) of the Practice Regulation – causing or permitting a residential property concerned to be advertised on term(s) different from that instructed by the vendor
4. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to obtain the vendor’s express endorsement in writing of the accuracy and completeness of the particulars contained therein when preparing materials to promote the first sale of a residential property
5. (Same as above)
6. (Same as above)
7. Breach of section 9(5) of the Practice Regulation – failure to remove the advertisement of a residential property concerned issued or caused to be issued by the licensee as soon as was practicable after the property was no longer available for sale
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1. Reprimand and fine $47,000
2. Reprimand and fine $47,000
3. Reprimand and fine $47,000
4. Reprimand and fine $9,000
5. Reprimand and fine $9,000
6. Reprimand and fine $9,000
7. Reprimand and fine $16,000
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Yes
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The decision of the Disciplinary Committee upheld
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Click
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| Advertisements/ Promotional materials |
22/06/2022
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1. 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 property
2. Breach of section 9(2) of the Practice Regulation – failure to obtain the vendor's written consent prior to the issue of an advertisement in respect of the first sale of a residential property ("the Property")
3. Breach of section 9(3) of the Practice Regulation – causing or permitting the Property to be advertised at a price or on term(s) different from that instructed by the vendor
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1. Reprimand and fine $68,000
2. Reprimand and fine $60,000
7. Reprimand and fine $47,000
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Yes
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The decision of the Disciplinary Committee upheld
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Click
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| Effective control of estate agency business |
08/02/2019
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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
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1. Reprimand and fine $150,000
2. Reprimand and fine $150,000
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Yes
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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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Click
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| Effective control of estate agency business |
01/08/2019
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1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – offering and/or making a loan to a prospective purchaser of a first-hand residential 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 employees complied with the provisions of the EAO - its employees offered and/or made a loan to a prospective purchaser of a first-hand residential property
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1. Reprimand and fine $50,000
2. Reprimand and fine $100,000
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No
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No
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Click
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| Effective control of estate agency business |
31/10/2021
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1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – offering and/or making a loan to a prospective purchaser of a first-hand residential 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 the persons under its control complied with the provisions of the EAO - the persons under it's control offered and/or made a loan to a prospective purchaser of a first-hand residential property
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1. Reprimand and fine $150,000
2. Reprimand and fine $150,000
[Having regard to the principle of totality, the licensee was fined $250,000 in total.]
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No
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No
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Click
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| Effective control of estate agency business |
26/11/2021
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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 employees complied with the provisions of the EAO - its employees affixed advertising posters and/or placed advertising boards in public areas
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Reprimand and fine $40,000
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No
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No
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Click
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| Estate Agency Agreements |
12/04/2019
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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
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Reprimand and fine $5,000
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No
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No
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Click
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| Estate Agency Agreements |
16/10/2019
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Breach of section 6(1) of the Practice Regulation – failure to enter into an estate agency agreement (Form 3) with the vendor of a residential property within 7 days after receiving the instruction to sell it from the vendor
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Reprimand and fine $1,000
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No
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No
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Click
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| Estate Agency Agreements |
30/07/2021
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1. Breach of section 36(1)(a)(i) of the EAO - failure to possess the prescribed information in relation to a residential property concerned
2. Breach of section 3(2)(a) of the Practice Regulation – failure to complete the estate agency agreement (Form 3) in accordance with the directions and instructions as specified in the form
3. Breach of section 36(1)(a)(i) of the EAO - failure to possess the prescribed information in relation to a residential property concerned
4. Failure to comply with paragraph 3.5.1 of the Code of Ethics – in handling a tenancy transaction of a residential property ("the Property"), failed to exercise due care and due diligence when completing an estate agency agreement (Form 5) in relation to the Property in ensuring that the full name of the landlord was correctly stated in the Form 5 before arranging for the landlord to sign the Form 5
5. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to state clearly and legibly in a property advertisement the date on which the advertisement was issued or updated
6. (Same as above)
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1. Reprimand and fine $1,000
2. Reprimand
3. Reprimand and fine $1,000
4. Reprimand
5. Reprimand and fine $1,500
6. Reprimand and fine $1,500
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No
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No
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Click
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| Estate Agency Agreements |
01/09/2021
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1. Breach of section 36(1)(a)(i) of the EAO - failure to possess the prescribed information in relation to the residential property concerned
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics - failure to state clearly the expiry date of its validity period in the estate agency agreement (Form 3)
3. Breach of section 3(2)(a) of the Practice Regulation – failure to complete the estate agency agreement (Form 3) in accordance with the directions and instructions as specified in the form
4. Breach of section 36(1)(a)(i) of the EAO - failure to possess the prescribed information in relation to the residential property concerned
5. Breach of section 9(2) of the Practice Regulation – failure to obtain the vendor's written consent prior to the issue of an advertisement in respect of a residential property
6. Failure to comply with paragraph 3.2.1 of the Code of Ethics - failure to state clearly the expiry date of its validity period in the estate agency agreement (Form 3)
7. Breach of section 3(2)(a) of the Practice Regulation – failure to complete the estate agency agreement (Form 3) in accordance with the directions and instructions as specified in the form
8. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to comply with the guidelines issued by the Estate Agents Authority when issuing an advertisement of a residential property which includes its floor area information
9. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to state clearly and legibly in a property advertisement the property number and the date on which the advertisement was issued or updated
10. (Same as above)
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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, 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)
3. Reprimand
4. 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)
5. Reprimand and fine $1,000
6. 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)
7. Reprimand
8. 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)
9. Reprimand, fine $1,500 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
10. Reprimand, fine $1,500 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]
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No
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No
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Click
|
| Estate Agency Agreements |
29/11/2021
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1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to state clearly and legibly in a property advertisement the property number and the date on which the advertisement was issued or updated
2. (Same as above)
3. Failure to comply with paragraph 3.2.1 of the Code of Ethics - failure to state clearly the expiry date of its validity period in the estate agency agreement ("Form 5")
4. (Same as above)
5. Breach of section 3(3)(b) of the Practice Regulation - failure to ensure the accuracy of the information included in the leasing information form ("Form 2") of a residential property
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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 $1,000
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No
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No
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Click
|
| Estate Agency Agreements |
21/12/2021
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1. Breach of section 6(3)(b) of the Practice Regulation – failure to explain to the prospective purchaser every term and condition set out in the estate agency agreement (Form 4) to ensure that the prospective purchaser was aware of his rights and obligations under it before arranging for him to enter into a Form 4 with respect to serveral residential properties
2. Failure to comply with paragraph 3.4.1 of the Code of Ethics – failure to delete the information of the property from schedule 1 of the Form 4 which the licensee did not arrange for the prospective purchaser to inspect
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1. Reprimand and attachment of a condition to the licence (specifying that the licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
2. Reprimand and attachment of a condition to the licence (specifying that the licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
[Having regard to the principle of totality, the licensee was required to acquire a total of 12 points under EAA's Continuing Professional Development Scheme]
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No
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No
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Click
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| Failure to observe clients instructions/honour assurance |
09/09/2020
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Failure to comply with paragraph 3.7.2 of the Code of Ethics – failing to seek the consent of the landlord before returning the deposit to the tenant upon termination of the tenancy by the tenant
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Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
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No
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No
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Click
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| Lack of authorization |
30/11/2021
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Failure to comply with paragraph 3.7.2 of the Code of Ethics - failure to verify if the landlord indicated on the tenancy agreement of a residential property ("the Property") had the capacity to lease the Property to the tenant company when handling a leasing transaction
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Reprimand and fine $2,000
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Yes
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The decision of the Disciplinary Committee upheld
|
Click
|
| Land search |
06/03/2019
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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
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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.]
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No
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No
|
Click
|
| Land search |
02/09/2019
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Breach of section 13(4) of the Practice Regulation – failure to carry out a land search in the Land Registry in respect of a residential property and supply a copy of the land search to the purchaser immediately before a provisional agreement for sale and purchase of the property was entered into
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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
|
Click
|
| Land search |
22/07/2020
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Breach of section 13(4) of the Practice Regulation – failure to carry out a land search in the Land Registry in respect of a residential property and supply a copy of the land search to the tenant immediately before the provisional tenancy agreement of the property was entered into
|
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
|
| Land Search/Requirements for signing of sale and purchase/Tenancy agreement |
08/03/2021
|
1. Failure to comply with paragraph 3.5.1 of the Code of Ethics – in handling the sale and purchase transaction of the residential properties ("the Properties"), failed to exercise due care and due diligence in ensuring the addresses of the Properties were correctly stated in the preliminary agreement for sale and purchase ("PASP") before arranging for the transacting parties to enter into the PASP
2. Breach of section 13(4) of the Practice Regulation – failure to carry out a land search in the Land Registry in respect of the Properties immediately before the PASP of the Properties was entered into(Same as above)
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1. 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)
2. 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) [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
|
| 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.]
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No
|
No
|
Click
|
| 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
|
Click
|
| Misrepresentation/ Inaccurate information/ Improper advice |
08/07/2019
|
Failure to comply with paragraph 3.4.1 of the Code of Ethics – failure to inform the purchasers of the restriction with regard to the purchase of the car parking space and/or to advise the purchasers to seek legal advice thereon before arranging for them to enter into the provisional agreement for sale and purchase
|
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 |
11/10/2019
|
Failure to comply with paragraph 3.7.2 of the Code of Ethics – when handling the transaction of a property of an uncompleted development situated outside Hong Kong, misrepresenting to the prospective purchaser that there would be a provision in the formal agreement for sale and purchase stipulating that the deposit paid would be stakeheld by the seller’s lawyer / held in trust before the prospective purchaser signed the reservation form for purchasing a unit in the development, when in fact it was not true
|
Reprimand, fine $5,000 and attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)
|
No
|
No
|
Click
|
| Misrepresentation/ Inaccurate information/ Improper advice |
02/09/2020
|
1. Breach of section 9(2) of the Practice Regulation – failure to obtain the vendor's written consent prior to the issue of an advertisement in respect of a residential property ("the Property")
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to comply with the guidelines issued by the Estate Agents Authority when providing the floor area of the Property in an advertisement
3. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to state clearly and legibly the property number and the date on which it was issued or updated in an advertisement for a residential property
4. (Same as above)
|
1. Reprimand, fine $500 and attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)
2. Reprimand, fine $500 and attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)
3. Reprimand, fine $1,000 and attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)
4. Reprimand, fine $1,000 and attachment of a condition to the licence (specifying that licensee shall acquire 6 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
|
Click
|
| Misrepresentation/ Inaccurate information/ Improper advice |
01/03/2021
|
Failure to comply with paragraph 3.4.1 of the Code of Ethics – in handling the sale and purchase transaction of the properties ("the Properties"), failed to inform the purchaser of the Properties that the driveway providing access to the Properties (“the Driveway”) was on private land and/or advise the purchaser to seek legal advice on the use of the Driveway
|
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)
|
No
|
No
|
Click
|
| Misrepresentation/ Inaccurate information/ Improper advice |
01/03/2021
|
Failure to comply with paragraph 3.4.1 of the Code of Ethics – in handling the sale and purchase transaction of the properties ("the Properties"), failed to inform the purchaser of the Properties that the driveway providing access to the Properties (“the Driveway”) was on private land and/or advise the purchaser to seek legal advice on the use of the Driveway
|
Reprimand and fine $7,000
|
No
|
No
|
Click
|
| Misrepresentation/ Inaccurate information/ Improper advice |
09/11/2020
|
1. Failure to comply with paragraph 3.5.1 of the Code of Ethics – in handling the sale and purchase transaction of a residential property ("the Property"), failure to make verification before representing to the purchaser that there was no subdivided unit in the building which the Property formed part
2. Failure to comply with paragraph 3.5.1 of the Code of Ethics – in handling the sale and purchase transaction of the Property, provided the purchaser with wrong information concerning the ambit of the Property, and/or failure to remind the purchaser to seek professional advice on the accuracy of the ambit of the Property shown on the floor plan provided to him
|
1. Unsubstantiated
2. 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
|
Click
|
| Misrepresentation/ Inaccurate information/ Improper advice |
29/11/2021
|
1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to state clearly and legibly in a property advertisement the property number and the date on which the advertisement was issued or updated
2. (Same as above)
3. Failure to comply with paragraph 3.2.1 of the Code of Ethics - failure to state clearly the expiry date of its validity period in the estate agency agreement ("Form 5")
4. (Same as above)
5. Breach of section 3(3)(b) of the Practice Regulation - failure to ensure the accuracy of the information included in the leasing information form ("Form 2") of a residential property
|
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 $1,000
|
No
|
No
|
Click
|
| Misrepresentation/ Inaccurate information/ Improper advice |
28/12/2021
|
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
|
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 |
16/02/2022
|
1. Failure to comply with paragraph 3.4.1 of the Code of Ethics – representing to the prospective purchaser of a car parking space prior to arranging for the signing of the provisional agreement for sale and purchase concerned ("PASP") that the vendor was the owner of a residential unit of the development where the car parking space was situated, when in fact it was not true
2. Failure to comply with paragraph 3.4.1 of the Code of Ethics – representing to the prospective purchaser of a car parking space prior to arranging for the signing of the PASP that she could still purchase the car parking space concerned despite she was not the owner of a residential unit of the development where the car parking space was situated, when in fact it was not true
|
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. Unsubstantiated
|
No
|
No
|
Click
|
| Misrepresentation/ Inaccurate information/ Improper advice |
28/02/2022
|
Failure to comply with paragraph 3.5.1 of the Code of Ethics - in handling a transaction of a residential property, failed to exercise due care and due diligence in ensuring if any suicide had taken place in the property
|
Reprimand, fine $4,000 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
|
No
|
No
|
Click
|
| Offering of incentives/rebates |
03/07/2019
|
1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – failure to fulfill his promise of giving cash rebate to the purchaser
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to set out in writing the promise of cash rebate offered to the purchaser and stipulate clearly the terms and format thereof
|
1. Reprimand and fine $100,000
2. Reprimand and fine $3,000
|
No
|
No
|
Click
|
| Offering of incentives/rebates |
28/10/2020
|
1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – failure to fulfill his promise of giving cash rebate to the purchaser
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to set out in writing the promise of cash rebate offered to the purchaser and stipulate clearly the terms and format thereof
|
1. Reprimand, fine $9,000, 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 2 months (5/12/2020 – 4/2/2021) (*see Note)
2. 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)
[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
|
| Offering of incentives/rebates |
14/01/2022
|
1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – failure to fulfill his promise of cash rebate to a purchaser
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to set out in writing the promise of cash rebate offered to the purchaser and stipulate clearly the terms and format thereof
3. 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 residential property
|
1. Reprimand, fine $12,000, 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 1 month
2. 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)
3. 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 1 month
[Having regard to the principle of totality, the licensee was required to acquire a total of 12 points under EAA's Continuing Professional Development Scheme and suspension of licence for 1 month]
|
No
|
No
|
Click
|
| 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.
|
Click
|
| Offering of loan |
01/08/2019
|
Failure to comply with paragraph 3.2.1 of the Code of Ethics – offering and/or making a loan to a prospective purchaser of a first-hand residential property
|
Reprimand, fine $30,000, 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 (31/8/2019 – 11/10/2019)
|
No
|
No
|
Click
|
| Offering of loan |
21/11/2019
|
Failure to comply with paragraph 3.2.1 of the Code of Ethics – offering and/or making a loan to the purchasers of a first-hand residential property
|
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 4 weeks (28/12/2019 – 24/1/2020)
|
No
|
No
|
Click
|
| Offering of loan |
23/10/2020
|
Failure to comply with paragraph 3.2.1 of the Code of Ethics – offering and/or making a loan to the prospective purchaser of the Property
|
Reprimand, fine $15,000, attachment of a condition to the licence (specifying that licensee shall acquire 16 points under EAA's Continuing Professional Development Scheme) and suspension of licence for 1 month (21/11/2020 – 20/12/2020) (*see Note)
|
No
|
No
|
Click
|
| Offering of loan |
26/03/2021
|
1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – failure to fulfill his promise of giving cash rebate to the purchaser
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to set out in writing the promise of cash rebate offered to the purchaser and stipulate clearly the terms and format thereof
|
1. Reprimand and fine $10,000
2. Reprimand and fine $1,000
|
No
|
No
|
Click
|
| Offering of loan |
31/10/2021
|
1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – offering and/or making a loan to a prospective purchaser of a first-hand residential 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 the persons under its control complied with the provisions of the EAO - the persons under it's control offered and/or made a loan to a prospective purchaser of a first-hand residential property
|
1. Reprimand and fine $150,000
2. Reprimand and fine $150,000
[Having regard to the principle of totality, the licensee was fined $250,000 in total.]
|
No
|
No
|
Click
|
| Offering of loan |
14/01/2022
|
1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – failure to fulfill his promise of cash rebate to a purchaser
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to set out in writing the promise of cash rebate offered to the purchaser and stipulate clearly the terms and format thereof
3. 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 residential property
|
1. Reprimand, fine $12,000, 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 1 month
2. 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)
3. 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 1 month
[Having regard to the principle of totality, the licensee was required to acquire a total of 12 points under EAA's Continuing Professional Development Scheme and suspension of licence for 1 month]
|
No
|
No
|
Click
|
| 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
|
Click
|
| Requirements for signing of sale and purchase/tenancy agreement |
05/12/2019
|
1. Failure to comply with paragraph 3.2.1 of the Code of Ethics - arranging for the transacting party to sign the provisional agreement for sale and purchase ("PASP") with an essential term of the PASP left blank
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics - failure to specify in the PASP the total amount of commission payable by the transacting party in the event of the party's default before arranging for the party to sign the same
|
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) [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 |
04/08/2021
|
1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to perform due diligence on the members of a transacting party before their signing of the provisional agreement for sale and purchase ("PASP") when handling the sale and purchase transaction of a residential property
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to perform due diligence on a transacting party before her signing of the PASP when handling the sale and purchase transaction of a residential property
3. (Same as above)
4. (Same as above)
|
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)
3. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
4. 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 |
20/09/2021
|
1. Failure to comply with paragraph 3.2.1 of the Code of Ethics - arranging for the transacting party to sign a provisional agreement for sale and purchase (“PASP”) with certain essential terms left blank
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – arranging for the transacting party to initial in advance in the PASP with a view to facilitating the subsequent amendment of the relevant term(s)
3. Failure to comply with paragraph 3.4.1 of the Code of Ethics – arranging to amend, without the purchaser's prior consent, a term in the PASP already signed by the purchaser and arranging for the vendor to sign the amended PASP
|
1. 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)
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)
[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.]
3. Unsubstantiated
|
No
|
No
|
Click
|
| Requirements for signing of sale and purchase/tenancy agreement |
20/09/2021
|
1. Failure to comply with paragraph 3.2.1 of the Code of Ethics - arranging for the transacting party to sign a provisional agreement for sale and purchase (“PASP”) with certain essential terms left blank
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – arranging for the transacting party to initial in advance in the PASP with a view to facilitating the subsequent amendment of the relevant term(s)
|
1. 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)
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)
[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 |
12/01/2022
|
Failure to comply with paragraph 3.2.1 of the Code of Ethics – in handling a sale and purchase transaction of a residential property, failing to carry out customer due diligence on the customer
|
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
|
| Requirements for signing of sale and purchase/tenancy agreement |
25/05/2022
|
1. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when handling the sale and purchase transaction of a property, failure to perform customer due diligence on the transacting parties before their signing of the provisional agreement for sale and purchase ("PASP")
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – when handling the sale and purchase transaction of a property, failure to perform customer due diligence on the transacting party before her signing of the PASP
|
1. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)
[Having regard to the principle of totality, the licensee was required to acquire a total of 6 points under EAA's Continuing Professional Development Scheme]
|
No
|
No
|
Click
|
| Requirements for signing of sale and purchase/tenancy agreement |
14/06/2022
|
1. Failure to comply with paragraph 3.2.1 of the Code of Ethics - arranging for the transacting party to sign a provisional agreement for sale and purchase (“PASP”) with certain essential terms left blank
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – in handling the sale and purchase transaction of a residential property concerned (“the Property”) , failed to provide a transacting party with the copies of the transacting documents as soon as the party had signed them
3. Failure to comply with paragraph 3.7.2 of the Code of Ethics – in handling the sale and purchase transaction of the Property, arranging for the commission payable by the purchaser to be stated as 1% of the purchase price of the Property on the PASP of the Property, with a view to preventing the vendor from knowing the actual commission payable by the purchaser
|
1. Reprimand and fine $5,000
2. Reprimand
3. Reprimand and fine $2,000
|
No
|
No
|
Click
|
| Requirements for signing of sale and purchase/tenancy agreement |
14/06/2022
|
1. Failure to comply with paragraph 3.2.1 of the Code of Ethics - arranging for the transacting party to sign a provisional agreement for sale and purchase (“PASP”) with certain essential terms left blank
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics – in handling the sale and purchase transaction of a residential property concerned (“the Property”) , failed to provide a transacting party with the copies of the transacting documents as soon as the party had signed them
3. Failure to comply with paragraph 3.7.2 of the Code of Ethics – in handling the sale and purchase transaction of the Property, arranging for the commission payable by the purchaser to be stated as 1% of the purchase price of the Property on the PASP of the Property, with a view to preventing the vendor from knowing the actual commission payable by the purchaser
|
1. 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)
2. Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
3. 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)
[Having regard to the principle of totality, 1. the licensee is fined $5,000 in total; 2. the licensee is required to acquire a total of 24 points under EAA's Continuing Professional Development Scheme]
|
No
|
No
|
Click
|
| 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
|
Click
|
| Unruly behavior |
04/02/2022
|
1. Failure to comply with paragraph 3.7.2 of the Code of Ethics – speaking in foul language to a person making enquiries on the leasing of a property
2. (Same as above)
3. (Same as above)
4. Failure to comply with paragraph 3.7.2 of the Code of Ethics – sending an audio message containing abusive language to a person making enquiries on the leasing of a property
5. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to state clearly and legibly in the property advertisements the property number and the date on which the advertisements were issued or updated
|
1. Reprimand and suspension of licence for 21 days
2. Reprimand and suspension of licence for 21 days
3. Reprimand and suspension of licence for 21 days
4. Reprimand and suspension of licence for 21 days
5. Reprimand and fine $6,000
[Having regard to the principle of totality, the licensee's licence is suspended for a period of 21 days in total]
|
No
|
No
|
Click
|
| 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
|
Click
|
| Miscellaneous |
16/06/2020
|
Failure to comply with paragraph 3.7.2 of the Code of Ethics - taking photos in a shop without the prior consent of the landlord and/or the tenant
|
Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 18 points under EAA's Continuing Professional Development Scheme)
|
No
|
No
|
Click
|
| Miscellaneous |
18/01/2021
|
Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to perform due diligence on the transacting parties before their signing of the provisional agreement for sale and purchase when handling the sale and purchase transaction of a residential property
|
Reprimand and attachment of a condition to the licence (specifying that the licensee shall acquire 6 points under EAA's Continuing Professional Development Scheme)
|
No
|
No
|
Click
|
| Miscellaneous |
22/06/2021
|
1. Failure to comply with paragraph 3.2.1 of the Code of Ethics - arranging for the representative of the transacting party to sign a provisional agreement for sale and purchase with certain essential terms of the agreement left blank
2. (Same as above)
3. Failure to comply with paragraph 3.2.1 of the Code of Ethics – amending terms in the provisional agreement for sale and purchase that the representative of the transacting party had already signed without obtaining the representative’s written consent or arranging for her to sign against the amendments for confirmation
|
1. 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)
2. Reprimand and fine $5,000
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 fined $5,000 in total.]
|
Yes
|
The decision of the Disciplinary Committee upheld.
|
Click
|
| Miscellaneous |
02/07/2021
|
1. Failure to comply with paragraph 3.5.1 of the Code of Ethics - failure to inform its members in full details about the terms and conditions set by the developer in their authorization to sell in respect of a first-hand residential development
2. Failure to comply with paragraph 3.5.1 of the Code of Ethics - failure to inform its members in full details about the matters to be complied with set by the developer in their authorization to sell in respect of a first-hand residential development
3. (Same as above)
4. (Same as above)
|
1. Reprimand
2. Reprimand
3. Reprimand
4. Reprimand
|
No
|
No
|
Click
|
| Miscellaneous |
07/07/2021
|
Breach of section 36(1)(a)(i) of the EAO - failure to possess certain prescribed information in relation to the residential property concerned
|
Reprimand and fine $2,000
|
No
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No
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Click
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| Miscellaneous |
30/07/2021
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1. Breach of section 36(1)(a)(i) of the EAO - failure to possess the prescribed information in relation to a residential property concerned
2. Breach of section 3(2)(a) of the Practice Regulation – failure to complete the estate agency agreement (Form 3) in accordance with the directions and instructions as specified in the form
3. Breach of section 36(1)(a)(i) of the EAO - failure to possess the prescribed information in relation to a residential property concerned
4. Failure to comply with paragraph 3.5.1 of the Code of Ethics – in handling a tenancy transaction of a residential property ("the Property"), failed to exercise due care and due diligence when completing an estate agency agreement (Form 5) in relation to the Property in ensuring that the full name of the landlord was correctly stated in the Form 5 before arranging for the landlord to sign the Form 5
5. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to state clearly and legibly in a property advertisement the date on which the advertisement was issued or updated
6. (Same as above)
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1. Reprimand and fine $1,000
2. Reprimand
3. Reprimand and fine $1,000
4. Reprimand
5. Reprimand and fine $1,500
6. Reprimand and fine $1,500
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No
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No
|
Click
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| Miscellaneous |
01/09/2021
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1. Breach of section 36(1)(a)(i) of the EAO - failure to possess the prescribed information in relation to the residential property concerned
2. Failure to comply with paragraph 3.2.1 of the Code of Ethics - failure to state clearly the expiry date of its validity period in the estate agency agreement (Form 3)
3. Breach of section 3(2)(a) of the Practice Regulation – failure to complete the estate agency agreement (Form 3) in accordance with the directions and instructions as specified in the form
4. Breach of section 36(1)(a)(i) of the EAO - failure to possess the prescribed information in relation to the residential property concerned
5. Breach of section 9(2) of the Practice Regulation – failure to obtain the vendor's written consent prior to the issue of an advertisement in respect of a residential property
6. Failure to comply with paragraph 3.2.1 of the Code of Ethics - failure to state clearly the expiry date of its validity period in the estate agency agreement (Form 3)
7. Breach of section 3(2)(a) of the Practice Regulation – failure to complete the estate agency agreement (Form 3) in accordance with the directions and instructions as specified in the form
8. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to comply with the guidelines issued by the Estate Agents Authority when issuing an advertisement of a residential property which includes its floor area information
9. Failure to comply with paragraph 3.2.1 of the Code of Ethics – failure to state clearly and legibly in a property advertisement the property number and the date on which the advertisement was issued or updated
10. (Same as above)
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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, 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)
3. Reprimand
4. 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)
5. Reprimand and fine $1,000
6. 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)
7. Reprimand
8. 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)
9. Reprimand, fine $1,500 and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
10. Reprimand, fine $1,500 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]
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No
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No
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Click
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| Miscellaneous |
31/12/2021
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Failure to comply with paragraph 3.7.2 of the Code of Ethics – refused to return to the purchaser the provisional agreement for sale and purchase unilaterally signed by the purchaser and the deposit cheque to the purchaser unless the purchaser paid a service fee to the licensee's estate agency and the vendor’s legal expenses upon the purchaser's request to terminate the property transaction
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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)
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No
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No
|
Click
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| Miscellaneous |
01/06/2022
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Failure to comply with paragraph 3.5.1 of the Code of Ethics - in handling the sale and purchase transaction of a property ("the Property"), failing to exercise due care and due diligence to ensure that the purchaser was duly informed as soon as practicable, either directly or through a colleague, of the vendor’s refusal to sign the provisional agreement for sale and purchase of the Property
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Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 18 points under EAA's Continuing Professional Development Scheme)
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No
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No
|
Click
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| Miscellaneous |
01/06/2022
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Failure to comply with paragraph 3.5.1 of the Code of Ethics - in handling the sale and purchase transaction of a property ("the Property"), failing to exercise due care and due diligence to verify the accuracy of the information before informing the purchaser that the vendor had signed the provisional agreement for sale and purchase of the Property
|
Reprimand and attachment of a condition to the licence (specifying that licensee shall acquire 12 points under EAA's Continuing Professional Development Scheme)
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No
|
No
|
Click
|
| Miscellaneous |
01/06/2022
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Failure to comply with paragraph 3.5.1 of the Code of Ethics - in handling the sale and purchase transaction of a property ("the Property"), failing to exercise due care and due diligence to ensure that the purchaser was duly informed as soon as practicable, either directly or through a colleague, of the vendor’s refusal to sign the provisional agreement for sale and purchase of the Property
|
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
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