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71

Estate Agents Authority

Annual Report 2015/16

維護專業水平

Upholding the Professional Standard

To remind licensees that they are required to observe and

comply with the relevant provisions in the EAO and its subsidiary

legislation when they handle the sale and purchase or leasing of

car parking spaces, a practice circular on “Sale and Purchase or

Leasing of Car Parking Spaces” was issued to provide guidelines

to licensees on the proper practice and measures to be adopted

with regard to ascertaining whether there is any restriction that

the car parking space concerned can only be used for the parking

of vehicles belonging to the residents or occupiers of the building

when they deal with the sale and purchase or leasing of a car

parking space alone. To enhance the trade's understanding and

compliance of the practice circular, a set of related “Questions and

Answers”was uploaded on the EAA website.

The EAA also issued practice circulars respectively on “Proper

Authorisation by Absent Contracting Party” for giving guidance

to licensees when dealing with any person claiming to be the

authorised representative of an absent contracting party in a

sale and purchase or leasing transaction, and on “Completion

of Provisional Tenancy Agreement and Tenancy Agreement” to

remind licensees to exercise due care and due diligence when

preparing tenancy agreements for their clients.

為提醒持牌人在處理泊車位的買賣或租

賃時須遵從《地產代理條例》及其附屬法

例的相關條文,本局發出一份關於「買賣

或租賃泊車位」的執業通告,就處理泊車

位的買賣或租賃時應採取的措施提供指

引,包括應確定該泊車位有否任何使用

上的限制,即是否只可用作停泊所屬大

廈的住戶或佔用人的車輛。為加強業界

對此執業通告的了解,相關的「問與答」

已上載於監管局網頁。

監管局亦發出有關「缺席的訂約方作出妥

當的授權」的執業通告,為持牌人在買

賣或租賃交易時如何應付聲稱獲缺席訂

約方授權行事的代表提供指引;以及發

出有關「填寫臨時租約和正式租約」的執

業通告,以提醒持牌人在為客戶預備租

賃協議時,須盡量小心和盡一切應盡的

努力。