SQE Land search and property information question: Kong against the registered owner concerning the ownership of the flat

EAA SQELand search and property information

The Incumbrances section shows a registered 'Writ of Summons' in an action by Mr Kong against the registered owner concerning the ownership of the flat. Which advice is most appropriate?

A Proceed normally, as a writ only concerns money owed by the owner
B Proceed, because the writ will be removed from the register once the provisional agreement is signed
C Proceed, provided the purchaser pays a larger initial deposit
D Avoid dealings with the flat until the litigation is resolved, and recommend legal advice

Show the answer and explanation

Answer: D. Avoid dealings with the flat until the litigation is resolved, and recommend legal advice

Answer: Avoid dealing until the litigation is resolved, and recommend legal advice. Why not the others: - Only money owed: This writ is about ownership of the flat itself, which is what a registered lis pendens signals. - Removed on signing: Registration of a sale agreement does not remove a pending action. - A larger deposit: That increases the purchaser's exposure rather than protecting him. Rule: A registered writ or originating summons is a lis pendens: an action pending in court relating to the property. It would be unwise to deal with the property until the litigation is completed. Source: Land Registration Ordinance (Cap. 128), section 5A; EAA, A Study Guide to Estate Agency Law and Practice, Part 4; as at Oct 2026

Common mistake

Treating a pending court action over the property as a minor matter.

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Related SQE questions

A vendor says his flat is sold 'with the flat roof above it and car parking space P23'. The land search's Property Particulars describe the flat roof but do not mention any car parking space. What should the salesperson do?The Owner Particulars show 'CHAN TAI KEUNG, executor of the estate of CHAN WING, deceased, by Probate (memorial no. 21031500456789)'. Which of the following is/are correct?A current land search shows that the vendor, Mr Choi, became the registered owner 22 months ago. Before arranging a provisional agreement, what further search does EAA guidance expect the licensee to make?

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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.