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SQESalespersons Qualifying Examination✓EAQEEstate Agents Qualifying ExaminationUnder Incumbrances, after an agreement for sale and purchase in favour of Mr Ho, there is a 'Nomination' in favour of Ms Ip, who is not related to Mr Ho. What does this show?
Answer: Mr Ho nominated Ms Ip to take the assignment as the new purchaser; the nomination may attract stamp duty. Why not the others: - Appointing an estate agent: Estate agency agreements are not registered as nominations. - A mortgagee: A mortgage would appear as a legal charge or mortgage. - An executor: Executorship is shown by a grant of probate, not a nomination. Rule: A nomination is a document by which the purchaser under an agreement nominates a third party to take the assignment. It may be chargeable to stamp duty as an agreement for sale unless the nominee is a trustee or a specified close relative. Source: Stamp Duty Ordinance (Cap. 117), First Schedule Head 1(1A) (agreements for sale of residential property); EAA, A Study Guide to Estate Agency Law and Practice, Part 4; as at Oct 2026
Not recognising a nomination as a sub-sale that may be dutiable.
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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.