In the 2020 Edition of MEAS, Standard 6, it was omitted the below statement:
"Person responding to this flyer are not required to pay any estate agency fee whatsoever for properties referred to in this flyer as this firm is already retained by a particular principal."
This is called "qualifier" as mentioned in the circular. The circular and also the MEAS2014 stated "all flyers" have to include this statement.
It is important to understand the reason why this Circular 31/2020 was subsequently released to re-instate this statement in Flyers.
In situation when advertising "For Sale/Rent", there is no issue of "soliciting" as the engagement to sale/rent had been clearly understood by recipient of the flyer. The purpose of advertising using flyer is to get a prospect buyer or tenant to come forward. This is the most common scenario and unlikely being misrepresented by the agent. However, when the agent sends out flyer "Property Wanted", the recipients of flyer might be misled to give the instruction to the agent - subsequently appointing the agent to represent them. This is wrong as it becomes soliciting for instruction as most public would not understand their position vulnerable to be persuaded to give instruction, implied or expressed.
As whether "all flyers" means flyers in the common condition - property for Sale/Rent would still need this qualifier - well... to be on the safe side, just include this statement. Moreover, the REA has to sign off this flyer with his name and his E registration number. The format also includes firm name and registration number on top of the flyer. Thus, a REN cannot issue a flyer on his/her own.
This is different from Posters. Posters do not need name of the REA or E number, only firm name and firm registration number.
Remarks:
As Flyer "Property Wanted" is a specific instruction - that the firm distributing this flyer has been instructed by a particular principal, it is specific to a purpose or location. Hence, in the distribution of this specific flyer, it is according to the instruction taken from a principal - being a buyer or tenant looking for a property with specific requirement. It cannot be distributing the flyer in all location for it is not a brochure or company information leaflet.
In Circular 31/2020, this statement was put back. See Circular below:
And, the circular attached a sample as below:
