【法规名称】
【法规编号】 81911 什么是编号？
【正 文】
第3页 CAP 511C ESTATE AGENTS PRACTICE (GENERAL DUTIES AND HONG KONG RESIDENTIAL PROPERTIES) REGULATION
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[接上页] (4) A licensed estate agent shall not cause or permit to be issued an advertisement in respect of a residential property which is to be sublet without the advertisement expressly stating that the property is to be sublet. (5) A licensed estate agent shall remove all advertisements issued or caused to be issued by him as soon as is practicable after- (a) the residential property concerned is no longer available for sale or purchase or leasing; or (b) the termination of the estate agency agreement concerned,whichever is the earlier. (6) For the avoidance of doubt, it is hereby declared that a licensed estate agent who acts as a sub-listing agent shall comply with subsections (3), (4) and (5). Cap 511C s 10 Property inspection and viewing, etc. A licensee shall- (a) assist in making arrangements for the inspection and viewing by a purchaser of a residential property (including a car parking space and common areas if applicable) and accompany the purchaser for such inspection and viewing unless otherwise instructed by the purchaser; (b) not arrange an inspection and viewing by any person of a residential property without the prior consent of the vendor of the property; (c) before the signing of an agreement for sale and purchase or a lease, establish what is to be included in the disposition of the residential property concerned and prepare a written inventory thereof. Cap 511C s 11 Conduct of negotiation A licensee shall- (a) not cause or permit a claim to be made of the existence of an offer from a purchaser unless the offer exists; (b) where information and comparables on residential property prices and rentals have been supplied to a client for reference or comparison, ensure that the information or comparables supplied do not misrepresent the value of the residential property concerned; (c) not exercise any undue influence on a vendor or a purchaser for the purpose of inducing him to enter into an agreement for sale and purchase or a lease; (d) keep a written record of all offers in respect of a residential property; (e) present an offer to a client for acceptance as soon as is practicable after receiving it; (f) subject to section 13(2)(b), inform a client of all offers received in the order he receives them and present them in an objective and unbiased manner. Cap 511C s 12 Keeping of accounts and records (1) (a) A licensed estate agent shall keep proper accounts as to moneys received or held, or paid by the agent, for or on account of clients. (b) Any officer of the Authority authorized in writing by the Authority for the purpose shall have the right to inspect the accounts 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).(2) A licensed estate agent shall- (a) issue a written receipt to a client immediately for any moneys received; and (b) retain a copy of the receipt for not less than 3 years after it is issued.(3) A licensed estate agent shall deposit all moneys received or held for or on account of a client in a trust account maintained at an authorized institution. (4) A licensed estate agent shall retain a copy of the deposit slip of any moneys deposited into a trust account maintained under subsection (3) for not less than 3 years after the deposit was made. (5) A licensed estate agent shall not withdraw money from a trust account maintained under subsection (3) except- (a) in accordance with his client's instructions; and (b) by a cheque or by electronic funds transfer.(6) A licensed estate agent who has neither received nor held money for or on account of a client during any financial year of the agent shall send to the Authority a statutory declaration to that effect- (a) if required to do so by the Authority; and (b) within such period as is specified by the Authority.(7) (a) A licensed estate agent shall only release deposit money in relation to the sale and purchase or lease of a residential property in accordance with- (i) the terms of the agreement for sale and purchase or lease concerned; or (ii) the purchaser's instructions. (b) A licensed estate agent shall ensure that the identity of the vendor and of the owner of the residential property concerned are the same or, if they are different, that the vendor has authority to sell the property, before releasing any money under paragraph (a). (c) A licensed estate agent shall return a purchaser's cheque or deposit money to the purchaser as soon as is practicable if the purchaser's offer to purchase or lease the residential property concerned is not accepted by the vendor.(8) A licensed estate agent shall furnish to the Authority if required to do so by the Authority a certificate issued by a certified public accountant (practising) as to whether or not subsection (1) has been complied with by the agent. (Amended 23 of 2004 s. 56) |
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