Under most Australian state legislation, what is the minimum requirement for a valid agency agreement for the sale of residential property?
Correct Answer
D) A written agreement signed by the vendor and the agent
Australian property legislation typically requires agency agreements for residential property sales to be in writing and signed by all parties. This ensures clarity of terms and provides legal protection for both the agent and the vendor.
Why This Is the Correct Answer
State agent legislation requires a residential sale agency agreement to be in writing and signed by the client and the agent, with prescribed content. Without it, the agent generally cannot enforce a claim to commission.
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In NSW, what happens to an agency agreement if the principal dies before the property is sold?
Priya holds an unrestricted class 2 real estate licence and wants to open her own agency as a sole trader. What does the Property and Stock Agents Act 2002 require?
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- β An assistant agent completes 5 units of CPP41419 in one CPD year, 2 more than required. What happens to the extra 2 units?
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- β An agent records the estimated selling price in a NSW residential sales agency agreement as a range with a lower figure of $900,000 (an invented example). What is the highest upper figure the range may lawfully show?
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- β Since the June 2026 changes to the Property and Stock Agents Act 2002, who can approve standard forms of agency agreement for use in NSW?
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- β In NSW, if a real estate agent wants to purchase a property they have been engaged to sell, what must they do under the Property and Stock Agents Act?
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