Mandy Ng of Peak View Agency knows that Mr Tsang’s flat is subject to an exclusive (sole agency) Form 3 with Harbour Realty Limited, valid until 30 November 2026. She would like Mr Tsang to list the flat with Peak View as well. Under the Practice Regulation, which statement is correct?
Answer: She may solicit the listing only after drawing to his attention that he may be liable for additional commission if he signs another estate agency agreement. Why not the others: - No approach until the exclusive agency ends: The Regulation does not ban the approach outright; it attaches a warning condition. - Written consent of the exclusive agent: No consent from Harbour Realty is required. - Applies only if he has a solicitor: Legal representation is irrelevant to this duty. Rule: A licensee shall not solicit an instruction from a vendor if he knows, or ought reasonably to know, that the property is subject to an instruction exclusively granted to another licensed estate agent under an executed estate agency agreement, unless he has drawn to the vendor’s attention that the vendor may be liable for additional commission if he signs another estate agency agreement for the property. Source: Practice Regulation (Cap. 511C), section 8(4); as at Oct 2026
Believing a rival agent is completely barred from approaching a vendor under sole agency, instead of having to give the extra-commission warning.
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