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SQESalespersons Qualifying Examination✓EAQEEstate Agents Qualifying ExaminationBuyer Ms Priya Shah signs a provisional agreement to buy Flat 3F, Block 2, Jade Court, Shek Kip Mei for HK$5,980,000. The vendor, Mr Fung, takes the form home to read and never signs it, and no one signs for him. There is no other written note of the deal. He then sells to someone else. Can Ms Shah enforce the agreement against Mr Fung?
Answer: Not on the document alone. The writing must be signed by the party to be charged (here Mr Fung) or someone lawfully authorised by him. Why not the others: - Buyer's signature binds both: Ms Shah's signature means the agreement could be enforced against her, not against Mr Fung. - Salesperson heard him agree: Oral evidence of agreement does not satisfy the writing and signature requirement. - No provisional agreement is enforceable: A properly signed provisional agreement is generally binding on its terms. Rule: No action may be brought on a contract for the sale of land unless the agreement, or a note or memorandum of it, is in writing and signed by the party to be charged or a person lawfully authorised by him. The law on part performance is preserved. Source: Conveyancing and Property Ordinance (Cap. 219), section 3(1) and (2); EAA, A Study Guide to Estate Agency Law and Practice, Part 3, paras 9-13; as at Oct 2026
Thinking the buyer's signature alone makes the agreement enforceable against the vendor.
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Start practising →An original question written to the published SQE syllabus. Figures in the explanation carry their effective dates; check them against the current law before relying on them. Independent exam practice. Not affiliated with or endorsed by the Estate Agents Authority (EAA) or the examination administrator.