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SQESalespersons Qualifying Examination✓EAQEEstate Agents Qualifying ExaminationA client suffers loss because an agency failed to disclose that it was acting for both sides. Under section 36 of the Estate Agents Ordinance, which statement is correct?
Answer: The client has a cause of action, subject to the agent's reasonable-steps defence. Why not the others: - Only a complaint: Section 36 itself gives a civil remedy for loss caused by breach. - Sue the EAA: The EAA is not liable for a licensee's breach. - Only after conviction: A civil claim does not depend on prosecution. Rule: Where a licensed estate agent fails to comply with section 36 (including duties to disclose dual agency and interests) and the client suffers loss, the client has a cause of action against the agent, unless the agent shows it took all reasonable steps and exercised all due diligence. Source: Estate Agents Ordinance (Cap. 511), section 36; as at Oct 2026
Thinking the only remedy for a disclosure breach is a complaint to the EAA.
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