Hong Kong Ordinances

ESTATE AGENTS ORDINANCE - SECT 45

Estate agency agreement required as regards certain proposals and undertakings

This section shall come into operation on 1 November 1999 only for the
purposes of its application to and in relation to any property in Hong Kong
used wholly or primarily for human habitation. PART VI

ESTATE AGENCY AGREEMENT

(1) Where a person (in this section referred to as "the agent") proposes or
undertakes (whether for a commission or other fee or not) to perform
estate agency work for a client, whether as regards a particular property or
not, a right or other cause of action whereby damages or any other relief or
remedy may be recovered or obtained in legal proceedings as regards the
proposal or undertaking shall lie at the suit of the agent if, and only if-

   (a)  an agency agreement (in this Ordinance referred to as an

"estate agency agreement") embodying the terms of the proposal or undertaking,
being an agreement between the agent and the client which is in the prescribed
form and which contains such particulars (if any) in respect of the proposal
or undertaking as are prescribed for the purposes of this section has been
entered into and, in the case of a written document, properly executed. and

   (b)  the agent was a licensed estate agent at the time when the
        estate agency agreement was so entered into and executed.

(2) Where a person ("the agent") makes a proposal or gives an undertaking to
perform estate agency work for a client as described in subsection (1),
the agent shall be entitled to recover from, or to require the payment by any
other person of, any amount in respect of any outgoing paid or payable by
the agent as regards any acquisition or disposition of any property to which
the proposal or undertaking relates if, and only if-

   (a)  an estate agency agreement between the agent and the client which is
        both in the prescribed form and contains in respect of the proposal or
        undertaking such particulars (if any) as are prescribed for the
        purposes of this section has been entered into and, in the case of a
        written document, properly executed; and

   (b)  the agent was a licensed estate agent at the time when the
        estate agency agreement was so entered into and executed.

(3) A right or other cause of action described in subsection (1) shall not lie
at the suit of any person other than the agent within the meaning of this
section by reason only of anything contained in this section.