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
Why the Other Options Are Wrong
Background Knowledge for Agency Practice
Common Mistakes to Avoid on Agency Practice Questions
More Agency Practice Questions
In NSW, what happens to an agency agreement if the principal dies before the property is sold?
Under NSW law, what is the standard cooling-off period for a residential property purchase?
In NSW, what is the maximum commission an agent may charge on a residential property sale?
A NSW homeowner signs an exclusive agency agreement to sell her house at 3 pm on a Friday. There is no public holiday that weekend. When does her statutory cooling-off period for the agency agreement end?
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?
- → A buyer paid an expression of interest deposit on a NSW house, but the vendor then exchanged contracts with a different buyer. What is the first buyer entitled to?
- → Under the certificate of registration pathway, how long must a person hold an assistant real estate agent certificate before becoming eligible for an unrestricted class 2 licence?
- → Under the Property and Stock Agents Act 2002 (NSW), what must an agency agreement for the sale of residential property include?
- → Under the Property and Stock Agents Act 2002 (NSW), what must a residential sales agency agreement contain for the agent to rely on it?
- → 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?
- → Under NSW legislation, what is the minimum period for which an exclusive agency agreement can be entered into?
- → Under the Property and Stock Agents Act 2002 (NSW), what must be included in a written agency agreement for the sale of residential property?
- → In NSW, an agent does not give the vendor a copy of the signed agency agreement within 48 hours of the vendor signing it. What is the main consequence under the Property and Stock Agents Act 2002?
- → Which document must be provided to a vendor before an agent can lawfully act on their behalf in NSW?
- → At 9 am on a Monday a Class 2 agent emails a vendor the unsigned residential sales agency agreement and the approved guide. At 4 pm that same Monday the vendor signs the agreement and the Fair Trading waiver form so marketing can start that night. What is the position?
People Also Study
Property Law & Legislation
110 questions
Contracts & Conveyancing
106 questions
Property Marketing & Sales
129 questions
Property Management
126 questions
Related Study Resources
Previous Question
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?
Next Question
For NSW property agents, when does the continuing professional development (CPD) year run?