EstatePass
Agency PracticeAssistant Agent FunctionsNSWMEDIUM

Tom holds a real estate certificate of registration and has worked beside the agency's auctioneer for three years. He asks to call next Saturday's residential auction himself. Can he?

Correct Answer

A) No; the Act says a certificate holder must not act as an auctioneer of land at all.

Section 11(3) of the Property and Stock Agents Act 2002 says the holder of a certificate of registration must not act as an auctioneer, and s 11(3A) makes the auctioneering business ensure that does not happen. The only exception in s 11(4) is an assistant stock and station agent auctioning livestock under immediate and direct supervision.

Answer Options
A
No; the Act says a certificate holder must not act as an auctioneer of land at all.
B
Yes, if his licensee in charge stands beside him and supervises him throughout the auction.
C
Yes, once he completes an auctioneer accreditation course from an approved provider.
D
Yes, as long as the vendor consents in writing to him conducting the auction.

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