Barbados Times

Barbados, Caribbean & World News
Saturday, Feb 22, 2025

Hong Kong watchdog extends purview to regulate licensed property agents selling incomplete overseas property

Hong Kong watchdog extends purview to regulate licensed property agents selling incomplete overseas property

Estate Agents Authority circular provides guidelines for licensed agents handling the sale of incomplete properties situated outside Hong Kong. Consumers are advised to do their homework when purchasing non-local properties.

The interest of Hong Kong people in purchasing properties situated outside Hong Kong has been on the rise in recent years. At the same time, there has also been an increase in the number of companies, including licensed property agents, taking part in the sale of such properties.

However, most consumers have limited knowledge of foreign regulatory regimes and taxation systems governing the purchase or leasing of these properties by foreign buyers. In particular, purchasing an incomplete property outside Hong Kong carries greater risk and may lead to a higher chance of complaint, as purchasers not only lack the opportunity to inspect the property and the progress of its construction, they may also have limited knowledge of the background and financial standing of the developers.

The Estate Agents Authority (EAA) therefore issued a practice circular, which took effect last year, on handling the sale of incomplete properties situated outside Hong Kong, to provide guidelines for licensed property agents to follow. Such guidelines only regulate licensed property agents, as non-licensees are outside the purview of the EAA.

Here I would like to share a case in which a licensed estate agency was in breach of the guidelines.

During an inspection of printed advertisements, EAA staff discovered that an advertisement of an incomplete property development in the United Kingdom issued by a licensed company did not comply with the requirements of the practice circular. The advertisement did not state clearly the development permit or approval numbers, the name of the relevant authority which issued such documents, and whether purchasers are acquiring an interest in the land, the building to be erected, and/or a right to use and occupy the properties in the building.

The estate agency admitted its negligence and the fact that it had failed to read the practice circular carefully. It reassured us that they would comply with the relevant guidelines in the future.

The EAA Disciplinary Committee found the estate agency had failed to comply with the guidelines. It was in breach of paragraph 3.2.1 of the Code of Ethics issued by the EAA, which states: “property agents and salespersons should be fully conversant with the property agents ordinance, its subsidiary legislation, this Code of Ethics, and other guidelines issued by the EAA.”

Having considered the nature and gravity of the case and the disciplinary record of the estate agency, the committee decided to reprimand the company and imposed a fine of HK$3,000 on it.

Although the sale of properties situated outside Hong Kong is generally outside the purview of the EAA, the conduct of licensed property agents is regulated by the EAA. In fact, the guidelines in the practice circular are extensive and include requirements for licensees to obtain a due diligence report on the vendor and the related incomplete property; to obtain legal opinion issued by a lawyer practising in the place where the property is situated; and there are also requirements for the issuance of advertisements and sales information sheets, etc by the licensee.

I would like to remind the public of a few important points to note before deciding to purchase a non-local property. First, an agent that only engages in handling properties outside Hong Kong shall be exempt from the requirement of obtaining a licence from the EAA. Hence, if the agent is unlicensed, he or she is not regulated by the EAA, as opposed to licensed property agents, where the EAA can follow up on their misconduct. That said, consumers should also note that the EAA is unable and not in a position to assist them in pursuing any loss against any parties, and they will need to file a lawsuit by themselves.

Furthermore, consumers are advised to do their homework when purchasing non-local properties to better protect themselves.

For instance, since legal procedures for property transactions vary in different jurisdictions, consumers are advised to seek legal advice from a local legal practitioner so as to understand legal and operational procedures, and whether there are restrictions imposed on foreign purchasers relating to property buying, selling, leasing, or the taking out of a mortgage loan; and whether common law or local law will be exercised in case of litigation, so that their own interests are better protected.

Ruby Hon Yuen-ping is the chief executive of the EAA

Newsletter

Related Articles

Barbados Times
0:00
0:00
Close
Paper straws found to contain long-lasting and potentially toxic chemicals - study
FTX's Bankman-Fried headed for jail after judge revokes bail
Blackrock gets half a trillion dollar deal to rebuild Ukraine
Israel: Unprecedented Civil Disobedience Looms as IDF Reservists Protest Judiciary Reform
America's First New Nuclear Reactor in Nearly Seven Years Begins Operations
Southeast Asia moves closer to economic unity with new regional payments system
Today Hunter Biden’s best friend and business associate, Devon Archer, testified that Joe Biden met in Georgetown with Russian Moscow Mayor's Wife Yelena Baturina who later paid Hunter Biden $3.5 million in so called “consulting fees”
Singapore Carries Out First Execution of a Woman in Two Decades Amid Capital Punishment Debate
Google testing journalism AI. We are doing it already 2 years, and without Google biased propoganda and manipulated censorship
Unlike illegal imigrants coming by boats - US Citizens Will Need Visa To Travel To Europe in 2024
Musk announces Twitter name and logo change to X.com
The politician and the journalist lost control and started fighting on live broadcast.
The future of sports
Unveiling the Black Hole: The Mysterious Fate of EU's Aid to Ukraine
Farewell to a Music Titan: Tony Bennett, Renowned Jazz and Pop Vocalist, Passes Away at 96
Alarming Behavior Among Florida's Sharks Raises Concerns Over Possible Cocaine Exposure
Transgender Exclusion in Miss Italy Stirs Controversy Amidst Changing Global Beauty Pageant Landscape
Joe Biden admitted, in his own words, that he delivered what he promised in exchange for the $10 million bribe he received from the Ukraine Oil Company.
TikTok Takes On Spotify And Apple, Launches Own Music Service
Global Trend: Using Anti-Fake News Laws as Censorship Tools - A Deep Dive into Tunisia's Scenario
Arresting Putin During South African Visit Would Equate to War Declaration, Asserts President Ramaphosa
Hacktivist Collective Anonymous Launches 'Project Disclosure' to Unearth Information on UFOs and ETIs
Typo sends millions of US military emails to Russian ally Mali
Server Arrested For Theft After Refusing To Pay A Table's $100 Restaurant Bill When They Dined & Dashed
The Changing Face of Europe: How Mass Migration is Reshaping the Political Landscape
China Urges EU to Clarify Strategic Partnership Amid Trade Tensions
Europe is boiling: Extreme Weather Conditions Prevail Across the Continent
The Last Pour: Anchor Brewing, America's Pioneer Craft Brewer, Closes After 127 Years
Democracy not: EU's Digital Commissioner Considers Shutting Down Social Media Platforms Amid Social Unrest
Sarah Silverman and Renowned Authors Lodge Copyright Infringement Case Against OpenAI and Meta
Italian Court's Controversial Ruling on Sexual Harassment Ignites Uproar
Why Do Tech Executives Support Kennedy Jr.?
The New York Times Announces Closure of its Sports Section in Favor of The Athletic
BBC Anchor Huw Edwards Hospitalized Amid Child Sex Abuse Allegations, Family Confirms
Florida Attorney General requests Meta CEO's testimony on company's platforms' alleged facilitation of illicit activities
The Distorted Mirror of actual approval ratings: Examining the True Threat to Democracy Beyond the Persona of Putin
40,000 child slaves in Congo are forced to work in cobalt mines so we can drive electric cars.
BBC Personalities Rebuke Accusations Amidst Scandal Involving Teen Exploitation
A Swift Disappointment: Why Is Taylor Swift Bypassing Canada on Her Global Tour?
Historic Moment: Edgars Rinkevics, EU's First Openly Gay Head of State, Takes Office as Latvia's President
Bye bye democracy, human rights, freedom: French Cops Can Now Secretly Activate Phone Cameras, Microphones And GPS To Spy On Citizens
The Poor Man With Money, Mark Zuckerberg, Unveils Twitter Replica with Heavy-Handed Censorship: A New Low in Innovation?
Unilever Plummets in a $2.5 Billion Free Fall, to begin with: A Reckoning for Misuse of Corporate Power Against National Interest
Beyond the Blame Game: The Need for Nuanced Perspectives on America's Complex Reality
Twitter Targets Meta: A Tangle of Trade Secrets and Copycat Culture
The Double-Edged Sword of AI: AI is linked to layoffs in industry that created it
US Sanctions on China's Chip Industry Backfire, Prompting Self-Inflicted Blowback
Meta Copy Twitter with New App, Threads
The New French Revolution
BlackRock Bitcoin ETF Application Refiled, Naming Coinbase as ‘Surveillance-Sharing’ Partner
×