Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

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

AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
United Nations Calls for Global Action Against Disinformation and Hate Speech Online
Tucker Carlson warns of an inevitable clash in Western societies over mass migration
OpenAI CEO Sam Altman praises the rapid progress of Chinese tech companies.
Poland's President Karol Nawrocki ENDS support for Ukrainian citizens:
Italy's PM Giorgia Meloni highlights record employment and economic growth
Chancellor Friedrich Merz Re-elected as CDU Leader, Opposes AfD Influence
Trump Directs Government to Release UFO and Alien Information
Trump Signs Global 10% Tariffs on Imports
UK Government Considers Law to Remove Prince Andrew from Royal Line of Succession
Two teens arrested in France for alleged terror plot.
US Supreme Court Voids Trump’s Emergency Tariff Plan, Reshaping Trade Power and Fiscal Risk
Greek Prime Minister Kyriakos Mitsotakis advocates for a ban on minors using social media.
Meanwhile in Time Square, NYC One of the most famous landmarks
Jensen Huang just told the story of how Elon Musk became NVIDIA’s very first customer for their powerful AI supercomputer
Former British Prince Andrew Arrested on Suspicion of Misconduct in Public Office
Former President Yoon Suk Yeol Sentenced to Life in Prison for Abuse of Authority
Unitree Robotics founder Wang Xingxing showcases future robot deployment during Spring Festival Gala.
German Chancellor Friedrich Merz calls for real name use on social media.
Italian Police Arrest Man After Alleged Attempt to Abduct Toddler at Bergamo Supermarket, Child Hospitalised With Fractured Femur
British Tourist Arrested at Hong Kong Airport After Meltdown and Vandalism
European Commission Plans Purchase Incentives Limited to Vehicles Manufactured Largely in the EU
French District of Pas-de-Calais Introduces Immediate License Suspension for Drivers Using Mobile Phones
Volkswagen Targets €60 Billion in Cost Reductions as Sales Decline and Global Pressures Intensify
Eighty-Year-Old Lottery Winner Sentenced to 16.5 Years for Drug Trafficking
Rubio Calls for Sweeping U.N. Reform, Saying It Has Failed to End Wars in Gaza and Ukraine
10,000 Condoms Distributed at Winter Olympics 2026 Athlete Village Depleted Within 72 Hours
Poland's President Advocates for Evaluating Independent Nuclear Weapons Development
Mayor of Serdobsk in Russia’s Penza Region Resigns After Housing Certificates Granted to Migrant Family Trigger Public Outcry
China’s EV Makers Face Mandatory Return to Physical Buttons and Door Handles in Driver-Distraction Safety Overhaul
UK Green Party Considering Proposal to Legalize Heroin for an Inclusive Society
OpenAI and DeepCent Superintelligence Race: Artificial General Intelligence and AI Agents as a National Security Arms Race
We will protect them from the digital Wild West.’ Another country will ban social media for under-16s
Heineken announces cut of 6,000 jobs due to declining beer demand
Apple iPhone Lockdown Mode blocks FBI data access in journalist device seizure
Belgium: Man Charged with Rape After Faking Payment to Sex Worker
KPMG Urges Auditor to Relay AI Cost Savings
Canada Opens First Consulate in Greenland Amid Rising Geopolitical Tensions
China unveils plans for a 'Death Star' capable of launching missile strikes from space
Investigation Launched at Winter Olympics Over Ski Jumpers Injecting Hyaluronic Acid
U.S. State Department Issues Urgent Travel Warning for Citizens to Leave Iran Immediately
Wall Street Erases All Gains of 2026; Bitcoin Plummets 14% to $63,000
Eighty-one-year-old man in the United States fatally shoots Uber driver after scam threat
Political Censorship: French Prosecutors Raid Musk’s X Offices in Paris
AI Invented “Hot Springs” — Tourists Arrived and Were Shocked
France Begins Phasing Out Zoom and Microsoft Teams to Advance Digital Sovereignty
Tech Market Shifts and AI Investment Surge Drive Global Innovation and Layoffs
Global Shifts in War, Trade, Energy and Security Mark Major International Developments
Markets Jolt as AI Spending, US Policy Shifts, and Global Security Moves Drive New Volatility
Tesla Ends Model S and X Production and Sends $2 Billion to xAI as 2025 Revenue Declines
Starmer Signals UK Push for a More ‘Sophisticated’ Relationship With China in Talks With Xi
×