Page 82 - 地產代理監管局年報 2017/18 Estate Agents Authority Annual Report 2017/18

ጐ฽ਞၾੂج

Proactive in Law Enforcement

዁ςၾςۆ Ethics and Regulations

ςۆᔊʧ Introduction of regulations
္၍҅ʔࣛᏨൖุޢٙੂุ˓جʿ೯̈ੂุஷѓd The Estate Agents Authority (“EAA”) reviews the practices of the
Ԩ౤ԶܸˏʚุޢԱృdԴܵ೐ɛঐ੄፭੽جܛ஝ trade and issues practice circulars to provide guidelines and
֛ٙப΂fϋʫd္၍҅΍೯̈ə̬΅ੂุஷѓf directives on estate agency practice from time to time, to enable
licensees to comply with their duties under the law. In the year, four
circulars were issued.

މΣܵ೐ɛ౤ԶһεஈଣڢИσيุܸٙˏd္၍ With a view to providing further guidance for licensees handling
҅ఱϞᗫஈଣڢИσيุ൯ርאॡ༣ٙ߰ʍࠠࠅԫ non-residential properties, the EAA issued a practice circular setting
ධٙѼഛੂุ˙όʿણ݄d೯̈əɓ΅ੂุஷѓf out detailed guidelines on certain important issues pertaining to the
ܸˏ଄ႊٙᇍఖܼ̍ᅽࠦࠦጐ༟ࣘe஢̙͜௄d౤ proper practice and measures in handling the sale and purchase or
Զيุ༟ࣘeტ˺ʿტᅽd˸ʿ͊ܔϓᅽρʫٙڢ leasing of non-residential properties. It covers such areas like floor
Иσيุאᅽρʫ͊ҁϓʱගٙڢИσيุഃf̤ area information, permitted use, provision of information relating
̮d္၍҅͵೯̈ɓ΅ᕚމ˜ஷѓٙቇ͜ᇍఖ — ڢ to property, cocklofts and mezzanine floors, and uncompleted
Иσيุ™ٙੂุஷѓd˸ࠑ׼ݔԬʊ೯̈ٙੂุ building or uncompleted subdivision of any part of a building.
ஷѓʘቇ͜ᇍఖf Separately, the EAA also issued a practice circular on “Application
of Circulars — Non-residential Properties” to clarify the scope of
application of certain circulars already issued by the EAA.

೯̈ੂุஷѓ Issuance of practice circulars
ᒱ್࠰ಥྤ̮يุʘቖਯʔί္၍҅ٙ஝၍ᇍᖚd In light of increasing public concern about purchasing properties
Шᛠ׵ʮ଺ٙ৷ܓᗫءd҅˙މਞၾ࠰ಥྤ̮͊ܔ outside Hong Kong which is not within the regulatory regime of the
ϓيุቖਯٙܵ೐ɛ೯̈޴ᗫੂุஷѓd౤Զɓӻ EAA, a practice circular for licensees participating in the sale of
ΐܸˏᜫุޢ፭ృd੽Ͼ౤ʺุޢٙਖ਼ุ˥̻dމ uncompleted properties outside Hong Kong (“UPOH”) was issued.
ऊ൬٫౤ԶһԳٙڭღfܸˏܼ̍ࠅӋܵ೐ήପ˾ It sets out a series of guidelines for compliance by licensees
ଣఱር˙ʿϞᗫيุ՟੻းᔖᄲݟజѓiԨ඲ఱϞ participating in the sale of UPOH, with a view to enhancing the
ᗫऎ̮൯࢕ٙࠠࠅ༟ࣘ՟੻͟يุהίήੂุܛࢪ professional standard of the trade so as to provide consumers with
೯̈ٙجܛจԈiఱᄿѓʿ܁ෂيۜה༱༟ࣘٙ๟ greater protection. The guidelines include requirements for licensees
ᆽ׌ʿҁ዆׌՟੻ር˙ٙ׼ᆽࣣࠦҭ໇i˸ʿΣ൯ to obtain a due diligence report on the vendor and the related
࢕౤ԶးᔖᄲݟజѓʿجܛจԈٙਓ͉eࣣࠦᙆѓ UPOH; to obtain a legal opinion on material information for foreign
ᑊ׼ʿ̍ў္၍҅הϞࠅӋ༟ࣘٙቖਯ༟ࣘఊੵf purchasers according to the laws of the place where the UPOH are
situated; to obtain the vendor’s express endorsement in writing of
the accuracy and completeness of the information contained in
advertisements and promotional materials; and to provide
purchasers with a copy of the due diligence report and legal
opinion, a written warning statement and a sales information sheet
that contains all the necessary information required by the EAA.

80 &45"5& "(&/54 "65)03*5: t Annual Report 2017/18