SQE Code of Ethics question: Salesperson Henry Mak

EAA SQECode of Ethics

Salesperson Henry Mak tells a purchaser that a flat in Kwun Tong has a saleable area of 520 square feet and was built in 2008. He copied both figures from an old advertisement and did not check them. The flat is in fact 468 square feet and was built in 1996. Which statement is correct?

A Henry has failed to exercise due care and due diligence in giving property information
B Henry is protected because the figures came from an earlier advertisement by another agency
C Henry is liable only if the purchaser has already signed a provisional agreement for sale and purchase
D Henry is in breach only of paragraph 3.7.1 because he relied on another agency's material

Show the answer and explanation

Answer: A. Henry has failed to exercise due care and due diligence in giving property information

Answer: He failed to exercise due care and due diligence. Why not the others: - Protected by relying on an old advertisement: Copying unchecked figures is the opposite of due diligence; official sources such as the occupation permit, the Rating and Valuation Department and the land search were available. - Only after a provisional agreement: The duty applies when the information is given, whether or not a deal follows. - Paragraph 3.7.1: That paragraph is about unfair advantage over, and disparagement of, other agencies, not inaccurate particulars. Rule: Licensees shall exercise due care and due diligence. Age and saleable area are usually of great concern to a purchaser, so getting them wrong is a typical breach. Source: EAA Code of Ethics, paragraph 3.5.1; Practice Regulation (Cap. 511C), Form 1 Part 1; as at Oct 2026

Common mistake

Thinking that repeating someone else's advertised figures shifts responsibility away from the salesperson.

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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.