Reference no: EM133186570

The Estate Agents (Professional Conduct) Regulations 2018 set out the standard of conduct expected of agents and agents' representatives in their day-to-day dealings with clients (sellers and landlords) and consumers (buyers and tenants).

They are in addition to the obligations set out under legislation such as the:

• Estate Agents Act 1980
• Sale of Land Act 1962
• Residential Tenancies Act 1997
• Retail Leases Act 2003
• Australian Consumer Law and Fair Trading Act 2012.

Obligations

In summary, estate agents and agents' representatives must:

• know the relevant laws
• follow their client's lawful instructions, except if it would not be good estate agency practice
• act fairly, honestly, in good faith and to the best of their knowledge and ability at all times
• act in their client's best interests, except if it would be unlawful, unreasonable, improper or against their client's instructions
• disclose to their client any personal or commercial relationship they have with a supplier, if they recommend that supplier
• exercise skill, care and diligence in performing their functions
• prepare all work for a client as soon as reasonably possible
• be timely and courteous in all dealings when carrying out their duties
• immediately inform a seller if, contrary to the contract, a deposit is not received for a sale
• promptly notify a landlord of any breach of a tenancy agreement, unless instructed otherwise by a landlord in writing
• make all reasonable enquiries to ascertain information relevant to a transaction
• provide all verbal and written offers to a client, unless instructed otherwise by a client in writing
• inform the person making an offer that it will not be submitted to the principal, if principal's instructions to the agent are to not inform them of offers
• promptly respond to a tenant's request for maintenance and repairs and notify the tenant of a landlord's response
• inform the landlord if the landlord's failure to carry out maintenance or repairs would constitute a breach of the agreement or the Residential Tenancies Act 1997
• when acting as a buyer's agent keep the purchaser informed of each stage of the negotiations
• provide advice about the agency's dispute resolution procedure before or as soon as possible after a tenancy agreement is signed
• minimise disputes with clients
• advise clients and consumers about the agency' complaint and dispute resolution procedures.
• Property and Sales Advice
• Market assessment and analysis
• Rural property assessment
• Development feasibility studies
• Acquisition of development sites
• Sales, purchase & leasing of residential, commercial and industrial properties
• Property and asset management
• Land & property auctions
• Stock and station

The organisation is one of the most qualified, experienced and dedicated sales teams in Australia, and with sales in excess of $700 million per year, and an extensive portfolio of properties they manage."