SQE Law of agency, contract and negligence question: Wong Kar-fai lives in Vancouver

EAA SQELaw of agency, contract and negligence

Mr Wong Kar-fai lives in Vancouver. He wants his sister, Ms Wong Mei-ling, to sign the assignment of his flat at Flat 9C, Pine Court, Tsuen Wan on his behalf at completion. How should he appoint her?

A By a signed letter of authority witnessed by any adult
B By a power of attorney that he executes as a deed
C By an oral instruction later confirmed by his solicitor
D By a Form 3 estate agency agreement naming her as agent

Show the answer and explanation

Answer: B. By a power of attorney that he executes as a deed

Answer: By a power of attorney executed as a deed. An attorney who is to sign a deed (the assignment) must be appointed by deed. Why not the others: - Signed letter of authority: An ordinary signed letter is not a deed, and a power of attorney must be created by deed. - Oral instruction confirmed by a solicitor: An oral appointment cannot give authority to execute an assignment, which must itself be a deed. - Form 3: Form 3 is the estate agency agreement for a vendor appointing an estate agent to sell residential property. It does not appoint a private attorney to execute documents. Rule: Express agency can be created orally or in writing, but powers of attorney must be created by deed, and an assignment of land must be by deed. Source: EAA, A Study Guide to Estate Agency Law and Practice, Part 3, paras 1-2; Conveyancing and Property Ordinance (Cap. 219), section 4; as at Oct 2026

Common mistake

Thinking a signed letter is enough to let someone else sign a deed such as an assignment.

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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.