Derek Ho, a salesperson with Harbour Realty Limited, sends a prospective purchaser this WhatsApp message about a first-hand flat in Sky Crest, Tseung Kwan O: ‘About 700 sq ft gross, only HK$14,000 per sq ft gross.’ The vendor’s price list gives the flat’s saleable area. What is the position?
Answer: Derek has breached EAA guidelines. Licensees must give floor area and unit price for first-sale flats only by reference to saleable area. Why not the others: - Gross figure plus saleable figure: The circular says licensees must not give floor area or price per square foot other than by reference to saleable area, so adding a saleable figure does not cure the gross one. - Private message not an advert: The circular’s rule covers any information licensees give to prospective purchasers, not only advertisements. - From the vendor’s materials: Vendors themselves may use only saleable area in brochures, price lists and adverts, so the source does not help. Rule: Saleable area is the only basis for floor area and unit price in sales brochures, price lists and advertisements, and licensees must not provide such information on any other basis. Source: EAA Practice Circular No. 13-04 (CR), paras (12)–(13); Residential Properties (First-hand Sales) Ordinance (Cap. 621), sections 20(2) and 71(4); as at Oct 2026
Thinking the saleable-area rule bites only on printed adverts, when the EAA applies it to everything a licensee tells a buyer.
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