New information regime needed to protect private residential
property purchasers (July 26, 2010)
Executive Summary
The Consumer Council has called for a new
regime of information dissemination to the public in respect of the
private residential property market.
It has put forward a package of 9
recommendations to encourage the flow of reliable and timely
information in the first-hand private residential property market
in Hong Kong.
In its report entitled "Building a Property
Market Information Platform for Home Purchasers" released today (26
July 2010), the Council has recommended, inter alia, the creation
of a centralized online " Property Market
Information Platform " (PMIP) accessible to the general
public.
The Council welcomes successive initiatives
launched by the Government, part of which have achieved initial
impact to enhance the transparency and clarity of property
information on uncompleted first-hand residential properties. To
build on the existing safeguards, the Council has made suggestions
to further enhance information transparency in the first-hand
residential property market to better protect the interests of
prospective purchasers.
At present, prospective purchasers of the
first-hand residential properties face an asymmetry of information
when compared with developers and sales agents. Prospective
purchasers are not likely to be in a position to get clear,
accurate and comprehensive information before making their purchase
decisions, which is likely to be the single most expensive purchase
in their life.
The proposed PMIP is an online platform
that offers one-stop service, which will pull together existing
data of developers on individual development project basis and
relevant information provided by various government departments.
The arrangement will enable the general public to obtain
comprehensive first-hand private residential property market
information.
The information of current transaction
prices and unit availability should be made available within 24
hours (real time in the long run) on the PMIP and at sales offices
for prospective purchasers to check before entering into an
agreement with the developer.
"To ensure the platform a reliable and
credible one," said Mr. Ambrose Ho, the spokesperson for the
Working Group on Consumer Issues relating to Residential Property,
"we propose that the platform should be set up and managed by an
authoritative and independent body, e.g. the Government, to give
the public the assurance that the market information they receive
is reliable."
"The platform will also enable the
Government to monitor transactions in the first-hand private
residential property market," added Ambrose Ho.
Similar information platforms exist in
other countries and cities such as Singapore, Beijing, Guangzhou,
Hangzhou, Shanghai and Shenzhen. Taiwan has also recently announced
the intention to introduce such a platform.
The Council's study aims to look into the
availability and reliability of property market information.
Council staff visited 19 private residential developments from
April to June this year to examine the accessibility of information
for property buyers. During the field visits over that period of
time, a number of problem areas have been identified:
the absence of comprehensive information
source;
information disseminated varied in degrees
of reliability (if not misleading or deceptive);
units released for sale in small batches;
and
high pressure sales tactics creating
anxiety and confusion to buyers.
To address these concerns, the Council has
proposed a package of recommendations covering several specific
areas:
Clear guidelines regarding pre-launch
activities of first-hand properties
1. Refrain developers and sales agents from
releasing non-official "intentional prices" or using any other
imprecise terms relating to the potential price of flats to be
offered for sale before an official launch of flat sales.
If 'private sales' are to be
allowed, they should be more properly defined, and an upper limit
on the percentage of units available for private sale should be
reinstated.
Removing impediments
to viewing of show flats
3. Introduce measures to
ensure that prospective purchasers have sufficient time for viewing
of show flats.
Controls over
unreliable and deceptive representations
4. Refrain sales agents
from distributing unauthorized materials (i.e. their own materials)
to prospective purchasers at sales offices, unless there is an
accompanying statement quoting the date and the source of
information.
Provision of timely
and useful transaction information
5. Establish an online
"Property Market Information Platform" (PMIP) that enables the
general public to obtain comprehensive property market information
regarding the first-hand private residential properties.
Provision of sales
brochures and price lists
6. Require that price
lists and sales brochures are available at sales offices for
distribution to prospective purchasers at the time of sale and
before viewing of flats.
7. Shorten the time gap
(currently up to 5 days) between the sale of a flat and the release
of the transaction record on developers' websites and the proposed
PMIP.
Complete information on price and units
for sale
8. Require that a
facility for prospective purchasers to examine the PMIP be provided
at the time of sale.
Strengthen the
existing complaints handling mechanism
9. Introduce an element
of neutrality in the preliminary complaints screening process of
the Real Estate Developers Association of Hong Kong
(REDA).
The Council considers its
recommendations to be both pertinent and proportionate in
protecting consumers who are buying what is likely to be the single
most expensive purchase in their life. The Council will follow up
with relevant policy bureaux on the feasibility of implementing the
recommendations.
Issued by
Consumer Council
26 July 2010
Sup
plement:
Property Market Information
Platform (PMIP)
First proposed in 1996, the
Consumer Council urged the Government to improve the flow of
property information by setting up a centralized property
information platform to provide accurate, update and authoritative
information for public use.
The PMIP should pull
together existing data of developers on an individual development
project basis and relevant information provided by various
government departments.
Information / data
to be available on the PMIP :
-
Market trend - General property
market statistics and information, including development projects
in the pipeline, expected date of completion, number of units
etc.
-
Pre-sale stage - Details of
individual development projects such as property name, location,
total number of units in the project, sales brochures, etc.
-
Offer stage - Developments on
offer in the market, sale status, sale launch date, number of units
launched for sale and their prices, unit size, etc.
-
Post sale stage - Transaction
date, transaction price, price per square foot, payment terms,
number of units sold, cancellation rate, etc.
The PMIP should provide a
timely benchmark of current transaction prices and units available
concerning residential development projects. Information should be
posted within 24 hours (real time in a long run) after signing of
Preliminary Agreement for Sale and Purchase or Agreement for Sale
and Purchase.
The Council understands that
the establishment of the proposed PMIP requires immense manpower
and capital resources, and professional know-how to collect, verify
and update information. There is also the issue of legal liability
on the accuracy of the information. But the benefits of such a
platform to various parties as well as to the economy as a whole
should not be brushed aside.