Part 2: Part 2: Estate Agents Ordinance and Estate Agency Practice
Estate Agency Qualifying Examination · Part 2: Part 2: Estate Agents Ordinance and Estate Agency Practice
Further reading: Part 2: Estate Agents Ordinance and Estate Agency Practice study notes →
Kin-kwok is the sole proprietor of Wang Fat Estate Agency and from time to time receives money on behalf of clients. Under the Estate Agents Ordinance and the Practice Regulations, which of the following must he do? (i) Deposit the money into a trust account opened at an authorised institution (ii) Apply the money to make payment to the relevant client (iii) Pay out the money in accordance with the client's prior written instructions (iv) Issue a written receipt to the client within fourteen days of receipt (v) Keep a copy of the receipt for at least three years
Why: (i) Correct: money received on behalf of a client must be deposited into a trust account opened at an authorised institution (Practice Regulations, reg. 12(3)).(ii) Correct: money in the trust account may be applied to make payment to the relevant client (reg. 12(4)).(iii) Correct: it may also be paid out in accordance with the client's prior written instructions.(iv) Incorrect: a written receipt must be issued to the client immediately; there is no fourteen-day grace period (reg. 12(2)(a)).(v) Correct: a copy of the receipt must be kept for at least three years (reg. 12(2)(b)).Therefore the answer is A.
Where a complaint against a licensee is substantiated, which of the following disciplinary sanctions may the EAA impose under the Estate Agents Ordinance? (i) Admonish or reprimand the licensee (ii) Fine the licensee HK$100,000 (iii) Suspend the licence for three years (iv) Revoke the licensee's licence (v) Attach specified conditions to the licence
Why: (i) Correct: the EAA may admonish or reprimand the licensee (Estate Agents Ordinance, s. 30(1); EALP Part 2, para. 11).(ii) Correct: the maximum fine is HK$300,000, so a fine of HK$100,000 is within the limit.(iii) Incorrect: suspension may not exceed two years; three years exceeds the statutory maximum.(iv) Correct: the EAA may revoke the licence.(v) Correct: the EAA may attach specified conditions to the licence.Therefore the answer is A.
Where the EAA appoints an investigator under the Estate Agents Ordinance to investigate a licensee, which of the following are statutory obligations of that licensee? (i) To produce records relevant to the investigation when required by the investigator (ii) To allow the investigator to enter and search his private residence (iii) To explain documents produced when required by the investigator (iv) To pay the EAA the reasonable costs of the investigation when required
Why: (i) Correct: the licensee must produce to the investigator records or documents in his possession or control that are relevant to the investigation (Estate Agents Ordinance, s. 28(5)(a); EALP Part 2, para. 8).(ii) Incorrect: entering and searching the licensee's private residence is not part of the investigation procedure under the Ordinance.(iii) Correct: the licensee must give the investigator an explanation or further particulars of documents produced (s. 28(5)(b)).(iv) Incorrect: only a court or magistrate, not the EAA itself, may order a convicted licensee to bear the costs of the investigation (s. 28(8)(a)).Therefore the answer is B.
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