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【法规名称】 
【法规编号】 81911  什么是编号?
【正  文】

第2页 CAP 511C ESTATE AGENTS PRACTICE (GENERAL DUTIES AND HONG KONG RESIDENTIAL PROPERTIES) REGULATION

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  (a) that the salesperson is a licensed salesperson; and
  
  (b) of the number of the salesperson's licence held by the salesperson.
  
  Cap 511C s 6 Use of estate agency agreement
  
  (1) A licensed estate agent who acts for a vendor shall enter into an estate agency agreement with the vendor-
  
  (a) within 7 working days after accepting an instruction to sell or lease the residential property concerned;
  
  (b) prior to advertising the property for sale or lease; or
  
  (c) prior to signing an agreement for sale and purchase or a lease of the property,whichever is the earlier.
  
  (2) A licensed estate agent who acts for a purchaser shall enter into an estate agency agreement with the purchaser prior to-
  
  (a) arranging an inspection of the residential property concerned by the purchaser; or
  
  (b) signing an agreement for sale and purchase or a lease of the property,whichever is the earlier.
  
  (3) A licensee shall, before a person who is not legally represented enters into an estate agency agreement in relation to a residential property-
  
  (a) explain to the person the different types of agency appointment in the agreement and their respective implications and effects on the person;
  
  (b) explain to the person every term and condition set out in the agreement to ensure that the person is made aware of his rights and obligations under the agreement; and
  
  (c) recommend that the person seek legal advice if the person does not understand any part of the explanation given under paragraph (a) or (b).
  
  Cap 511C s 7 First sale of undivided share in land in which residential property forms part
  
  (1) A licensed estate agent shall not enter into an agreement (not being an estate agency agreement) with a vendor in a first sale of an undivided share in land in which a residential property forms part unless the agreement states-
  
  (a) that the agent shall obtain the information required to be included in Part 1 of Form 1-
  
  (i) subject to subparagraph (ii), in accordance with the provisions of that form;
  
  (ii) from the vendor in the case of any such information which he is unable to obtain in accordance with those provisions after taking all reasonable steps and exercising all due diligence to do so;(b) that the agent shall be supplied with Part 2 of Form 1 from the vendor unless the property is a unit in an uncompleted building;
  
  (c) subject to subsection (2), whether the agent is also permitted to act for the purchaser; and
  
  (d) that if the agent also acts for the purchaser, then he shall disclose in writing any pecuniary or other beneficial interest he has in the property in the agreement or when the interest subsequently arises.(2) Section 36(1)(a)(vii) of the Ordinance shall apply to an agreement (not being an estate agency agreement) entered into by a licensed estate agent with a client in relation to a residential property as it applies to an estate agency agreement entered into by a licensed estate agent with a client in relation to such a property.
  
  Cap 511C s 8 Seeking instructions
  
  (1) When seeking an instruction from a client, a licensee shall not supply any information to the client which is false or misleading in a material particular in relation to a residential property.
  
  (2) (a) A licensed estate agent shall keep a record of all listings of residential properties received by the agent, and keep a copy of all estate agency agreements entered into in relation to residential properties, for not less than 3 years after the listings were received or the agreements entered into, as the case may be.
  
  (b) Any officer of the Authority authorized in writing by the Authority for the purpose shall have the right to inspect a record kept under paragraph (a) at any time during ordinary office hours without prior notice.
  
  (c) A licensee shall answer any question and supply any information requested by any officer of the Authority in relation to an inspection under paragraph (b).(3) A licensee shall not pass to a sub-listing agent any information of a vendor or his residential property supplied by the vendor without the prior written consent of the vendor.
  
  (4) A licensee shall not solicit an instruction from a vendor if he knows, or ought reasonably to know, that the residential property concerned is subject to an instruction exclusively granted to another licensed estate agent under an executed estate agency agreement unless the licensee has drawn to the attention of the vendor that the vendor may be liable for additional commission if he signs another estate agency agreement in respect of the property.
  
  Cap 511C s 9 Advertising
  
  (1) A licensed estate agent shall not cause or permit to be issued an advertisement wholly or partly relating to his estate agency business which includes any statement or particular that is false or misleading in a material particular.
  
  (2) A licensed estate agent shall obtain a vendor's written consent prior to the issue of an advertisement in respect of the vendor's residential property.
  
  (3) A licensed estate agent shall not cause or permit to be advertised a residential property in respect of which he is acting as such agent at a price or rental or on terms different from that instructed by the client concerned.
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