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.

Why This Is the Correct Answer

Section 11(3) prohibits certificate holders from acting as auctioneers, and the only exception is for livestock.

Why the Other Options Are Wrong

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