Salesperson Danny Ma puts up a poster on the shutter of a vacant shop, with the owner’s written permission, reading ‘For rent – direct to owner’ followed by Danny’s own mobile number. Which statement is correct?
Answer: The wording is misleading because the number advertised is that of the owner’s agent, not the owner. Why not the others: - Sole agency makes it acceptable: Holding a sole agency does not make the agent the owner. - The Practice Regulation covers only flats: Circular 09-04 (CR) was issued about non-residential shop advertisements; the EAA’s guidance against misleading advertisements applies whatever the property type. - Showing the licence number cures it: The licence number is a separate requirement and does not cure a misleading phrase. Rule: Advertisements must not contain misleading phrases such as ‘direct to owner’ when the phone number advertised is that of the owner’s estate agent. Posters on private land also need the owner’s or occupier’s written permission. Source: EAA Practice Circular No. 09-04 (CR); as at Oct 2026
Thinking a misleading phrase is acceptable for a shop because the Practice Regulation is residential-only.
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