It is illegal for unlicensed persons to engage in estate agent work. When so much is at stake, anyone looking to engage property agents should make sure that they are dealing with a licenced worker.
In TMCC 945/2023, Mr Gordon Chan prosecuted a case referred by the Estate Agents Authority involving an unlicensed salesperson of an estate agent.
Under ss 15, 16 of the Estate Agents Ordinance (Cap 511), estate agency companies, estate agents, and salespersons are all required to be licenced. Anyone carrying out estate agency work without a licence is a criminal offence and could face a fine and imprisonment.
In this case, the defendant denied arranging visits to premises, introduction to properties, and price negotiation. These are all regulated “estate agency work”, the scope of which was discussed in 香港特別行政區 對 梁康 HCMA 398/2016 that encompasses a broad range of activities. In the end, the defendant was convicted and fined $5,000.
Property transactions involve large sums of money and should be taken seriously. The estate agent industry is also regulated. While unlicensed workers face criminal consequences, licensed persons who employ such people can result in both disciplinary and criminal consequences.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
