Ella holds an assistant agent certificate and wants to work as an independent contractor under her own ABN, running open homes for three different agencies. What does the Act require?
Correct Answer
B) She may act as an assistant agent only as an employee of a licence holder.
Section 11(1) of the Property and Stock Agents Act 2002 says a certificate holder must not act as an assistant agent except as an employee of a licence holder. Section 11A reinforces this: an agency may use a service provider who needs a certificate of registration only if that person is its employee.
Why This Is the Correct Answer
Sections 11(1) and 11A require assistant agents to be employees, so contracting under an ABN is not permitted.
Why the Other Options Are Wrong
Background Knowledge for Agency Practice
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Common Mistakes to Avoid on Agency Practice Questions
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Buyer Ahmed has paid an expression of interest deposit with an offer of $1.2 million (invented). Before exchange, another buyer submits a higher offer. Apart from passing the new offer to the vendor, what must the selling agent do regarding Ahmed?
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