【法规名称】
【法规编号】 81911 什么是编号？
【正 文】
第4页 CAP 511C ESTATE AGENTS PRACTICE (GENERAL DUTIES AND HONG KONG RESIDENTIAL PROPERTIES) REGULATION
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[接上页] Cap 511C s 13 Agreements for sale and purchase and leases (1) A licensee shall, before a client of the licensee who is not legally represented enters into an agreement for sale and purchase or a lease of a residential property- (a) explain to the client the meaning of each clause of the agreement or lease, as the case may be, and draw to his attention the meaning of any essential terms and provisions thereof; and (b) recommend that the client seek legal advice if the client does not understand any part of the explanation given under paragraph (a).(2) A licensee shall not- (a) continue to market a residential property after the signing of an agreement for sale and purchase or a lease in respect of the property; (b) be obligated to disclose any further offers to the vendor concerning the property.(3) A licensee shall, for the purpose of avoiding the fraudulent misrepresentation of identity in an agreement for sale and purchase or a lease of a residential property, take all practicable steps to ensure that the name of the vendor is correct (which steps may include, if the vendor is an individual, collecting a copy of the vendor's identity card within the meaning of the Registration of Persons Ordinance (Cap 177) or other identification document). (L.N. 176 of 1999) (4) A licensee acting for the vendor of a residential property shall, immediately before an agreement for sale and purchase or a lease of the property is entered into, cause to be carried out a land search in the Land Registry in respect of the property and supply a copy of the land search to the purchaser of the property. Cap 511C s 14 Commission (1) A licensee who acts as a sub-listing agent shall not demand payment of any commission from the client concerned of the principal agent. (2) A licensee shall not recommend to a client the use of services of any other person where a pecuniary or other beneficial interest may accrue to the licensee in consequence of the recommendation, or the use of the services by the client, without first disclosing that interest to the client at the time of the recommendation. (3) A licensed estate agent shall- (a) issue a written receipt to a client immediately for any commission paid by the client; and (b) retain a copy of the receipt for not less than 3 years after it is issued.(4) Subsection (3) applies to an invoice for commission to be paid as it applies to a receipt for commission paid. Cap 511C s 15 Effective control A licensed estate agent shall establish proper procedures or systems to supervise and manage his business of doing estate agency work to ensure that his employees or persons under his control comply with the provisions of the Ordinance. Cap 511C s 16 Compliance by partnership Where 2 or more licensed estate agents are members of a partnership, the requirements under sections 38(1)(a), 40(2) and (3), 47(1) and (2) and 48(1) and (2) of the Ordinance shall, as regards each of the members, be regarded as having been complied with if, but only if, each such requirement or provision has been complied with by at least one of such members. Cap 511C SCHEDULE [section 2] FORMS FORM 1 PROPERTY INFORMATION FORM (for use in the sale and purchase of residential properties in Hong Kong) (Part 1 of this Form should be completed by the licensed estate agent and Part 2 should be completed by the vendor or the licensed estate agent) PART 1 PROPERTY INFORMATION Part A: Address of the Property ("Property") Part B: Prescribed information of the Property Types of information Prescribed source (see note 11) Date of obtaining the information 1. Particulars of current ownership and subsisting encumbrances registered in the Land Registry: Name(s) of owner(s): A Subsisting encumbrances : (a) court orders: □ Yes □ No If "yes", state the particulars : A (b) building orders: □ Yes □ No If "yes", state the particulars : A (c) slope maintenance orders: □ Yes □ No If "yes", state the particulars : A (d) lease: □ Yes □ No If "yes", state the particulars : A (e) mortgage or charge: □ Yes □ No If "yes", state the particulars : A (f) other matters registered as encumbrances : Note : Copy of land search from the Land Registry shall be attached. A 2. Floor area of the Property: □ (a) saleable area provided by the Rating and Valuation Department: B □ (b) saleable area stipulated in the agreement for sale and purchase of the first assignment: A □ (c) no information can be obtained under paragraph (a) or (b). 3. Year of completion: Year of completion of the Property (or the building of which the Property forms part) as stipulated in the occupation permit or, if the occupation permit is not available, the relevant certificate of compliance or letter of no objection to occupy: A/B/C* 4. User restrictions: User under the occupation permit: A/C* 5. Government lease: (a) unexpired term of the lease: (b) right of renewal: □ Yes □ No A 6. |
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