Expected behaviour of real estate agents

 

​What is the Code of Professional Conduct and Client Care?

The Code of Professional Conduct and Client Care sets the standards real estate agents must follow.  It applies to all areas of real estate i.e. residential, commercial and rural.

You should let us know if an agent breaches the code.

Read the Code of Professional Conduct and Client Care (.pdf 529KB).

Contact us if you have a problem with an agent

We are responsible for dealing with complaints about the behaviour of agents and run an independent, fair and open complaint process.

If you have a problem with an agent you can make a complaint to us.

Agents must act in the best interests of the seller and treat the buyers fairly

An agent must also act in accordance with the seller’s instructions – unless doing so would be against the law.

Agents must not engage in any conduct that will put a buyer or seller under undue or unfair pressure

And they cannot take advantage of any party’s inability to understand relevant documents: and they must keep both the buyers and the seller regularly updated on any relevant matters.

Agents can’t withhold or give inaccurate information about a property

The agent is in contract with the seller and will always work on their behalf. However, they have an obligation to treat the buyer fairly, including not withholding, or giving inaccurate, information.

Agents can’t make unsubstantiated representations

Under the Fair Trading Act, it is an offence for an agent to make an unsubstantiated representation about a property. This means that an agent can’t make a representation about a property without having the evidence to back it up.

Agents must have reasonable grounds for making a statement (written or verbal) about a property - before they make it.

Agents can’t breach confidentiality

The agent must not disclose any confidential personal information about the seller unless the seller consents in writing or if the agent is required by law to disclose it.

Agents can’t mislead buyers and sellers about pricing expectations

The advertised price for the property must be in line with the pricing expectations the agent has agreed with the seller.  The agent should not mislead the buyer about the seller’s pricing expectations.

Agents must avoid conflicts of interest

  • The agent must not use any confidential information for their own benefit or that of any other person
  • The agent must disclose any conflict of interest to a buyer or seller with regard to the sale or purchase of a property or business

Read more on conflicts of interest.

Agents must disclose to the seller if they will receive any rebates, discounts or commission on advertising

They must disclose this in writing to the seller as part of the agency agreement.
For more information, see our disclosure information sheet (.pdf 178KB).​

Glossary