SQE The EAA and licensing question: Estate Agents Ordinance’s licensing requirement for the activity

EAA SQEThe EAA and licensing

In which of the following situations is the person outside the Estate Agents Ordinance’s licensing requirement for the activity described? (i) A solicitor negotiating the sale of a client’s flat in the course of practising as a solicitor. (ii) An owner who finds a buyer for her own flat and negotiates the price herself. (iii) A surveyor who values a flat for its owner and also negotiates its sale for a fee. (iv) An unlicensed person who introduces buyers to Hong Kong flat owners for a fee.

A (i) and (ii) only
B (i), (ii) and (iii) only
C (ii) and (iii) only
D (i), (ii) and (iv) only

Show the answer and explanation

Answer: A. (i) and (ii) only

Answer: (i) and (ii) only. (i) True. The Ordinance does not apply to things done by a solicitor in the course of practising his profession. (ii) True. It does not apply to a vendor acting in the disposal of her own property. (iii) False. Only work relating solely to a survey or valuation is excluded; negotiating the sale for a fee is estate agency work. (iv) False. Introducing buyers for a fee in the course of business is estate agency work and needs a licence. Rule: section 2(2) and (3) exclude, among others, solicitors, notaries, architects and practising accountants acting professionally, vendors and purchasers acting for themselves, and work relating solely to survey, valuation, auction or tender. Source: Estate Agents Ordinance (Cap. 511), s.2(2)(b), 2(2)(e) and 2(3)(a); as at Oct 2026

Common mistake

Candidates treat a valuer as wholly exempt even when he also negotiates the sale.

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Related SQE questions

In 2024 Mr Kelvin Yu was convicted of an offence under the Estate Agents Ordinance and sentenced to 3 months’ imprisonment, suspended for 2 years. He now applies for a salesperson’s licence. Which statement is correct?Grace Wong is a director, not an employee, of Lotus Realty Limited, a licensed estate agent company. She personally negotiates flat sales for the company’s clients and receives director’s fees rather than a salary. Which statement is correct?The Chief Executive is considering appointing Mr Simon Yeung, a director of a large agency company who still does estate agency work, to the Estate Agents Authority. Which statement is correct?

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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.