Agency Practice & Law

What is the primary purpose of the Fidelity Guarantee Account established under the Real Estate and Business Agents Act 1978 (WA)?

Which Act is the primary legislation regulating the licensing and conduct of real estate agents in Western Australia?

What is the maximum duration of an exclusive agency agreement for the sale of residential property in WA before it must be renewed?

Under the Real Estate and Business Agents Act 1978 (WA), which of the following is a requirement for registration as a sales representative?

A WA agent is selling a property where they have a personal financial interest. What obligation applies?

In WA, the licence of the agent who employs several sales representatives is suspended. What is the position of those sales representatives?

Under WA law, an agent who fails to maintain proper trust account records may face which of the following consequences?

In Queensland, a real estate salesperson must hold which type of registration to lawfully perform real estate activities?

Under the Land Agents Act 1994, in which circumstances can the Commissioner for Consumer Affairs conduct an audit of a land agent's trust account without prior notice?

When acting for a vendor in SA, which of the following is a land agent NOT permitted to do?

What continuing professional development (CPD) obligations apply to registered land agents in SA?

A South Australian land agent is authorised to sell a home, and the agent's family company wants to buy it. Under the Land and Business (Sale and Conveyancing) Act 1994, what applies?

An SA land agent receives a deposit from a buyer. Within what timeframe must the deposit be banked into the trust account?

A land agent in SA discovers that a property they are marketing has significant structural damage not disclosed by the vendor. What is the agent's obligation?

In South Australia, which organisation publishes the standard form sale contract that agents most commonly use for residential sales?

Under SA law, when must a land agent provide a copy of the agency agreement to the vendor?

A licensed real estate agent in Queensland wishes to act for both the buyer and seller in the same transaction. Under the Property Occupations Act 2014, the agent must:

A Queensland real estate agent receives a $20,000 deposit from a buyer for a residential property purchase. The agent must deposit these funds into:

What is a sales representative's role under the Land Agents Act 1994?

A newly registered SA land agent is about to receive her first buyer deposits. Where must the money be held?

A WA sales representative posts a listing on social media without her agent knowing. Under section 62(1) of the Real Estate and Business Agents Act 1978, what applies?

A junior agent's representative at a Victorian agency writes a misleading listing without the principal seeing it. Under CAV guidance, who is responsible for the accuracy of the agency's advertising?

In Victoria, if an agency agreement is terminated by the vendor before expiration without just cause, what rights does the agent typically retain regarding commission?

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?

A Cairns seller and her agent have both signed the appointment form. What must the agent do with it?

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?

Under the Property and Stock Agents Act 2002 (NSW), what must a residential sales agency agreement contain for the agent to rely on it?

What must be included in a valid agency agreement under most Australian state legislation?

Under most Australian state legislation, what is the minimum requirement for a valid agency agreement for the sale of residential property?

In NSW, what is the maximum commission an agent may charge on a residential property sale?

In Western Australia, what is the consequence if an agent sells a property without a written appointment to act signed by the seller?

In Western Australia, if an agency agreement is terminated early by the principal without breach by the agent, what commission entitlement does the agent typically have?

In South Australia, an exclusive agency agreement expires. Ten days later the vendor sells to a buyer the agent introduced during the agency. The agreement has the usual clause about sales after expiry. What is the likely outcome?

Under most Australian state legislation, what is the minimum period an agency agreement must remain in effect?

Under Queensland legislation, what is the maximum duration for an exclusive agency agreement for residential property sales?

In Victoria, under what circumstances can a real estate agent terminate an exclusive agency agreement before its expiry date?

In NSW, what happens to an agency agreement if the principal dies before the property is sold?

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?

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?

A vendor signs an agency agreement to sell her Parramatta house at 2pm on a Friday. Under the Property and Stock Agents Act 2002, when does her cooling-off period for that agency agreement end?

Which document must be provided to a vendor before an agent can lawfully act on their behalf in NSW?

An agency's vendor-paid advertising earns it a 10% rebate from a property portal, but the residential agency agreement says nothing about rebates. What does the Act provide?

On Monday morning an agent hands a vendor the proposed residential agency agreement and consumer guide, and the vendor signs both a cooling-off waiver and the agreement that afternoon. Is the waiver effective?

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?

An agent drafts a 120-day exclusive agency agreement for a residential sale. What termination right must the agreement give the vendor?

What type of agency agreement allows a property owner to engage multiple agents to sell their property?

An agent has an exclusive agency agreement that expires on Friday. On Saturday, the owner sells the property privately to a buyer who first inspected during the agency period. What is the agent's entitlement to commission?

An agent working under a sole agency agreement learns that their principal is simultaneously negotiating directly with a buyer for a private sale. The agent has not yet introduced this particular buyer. Which statement best describes the legal position?

A homeowner signs a sole agency agreement, then sells the house to a neighbour she found herself, with no agent involved. Is commission payable under the sole agency?

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?

An agency hires a receptionist who holds no licence or certificate of registration. Which of these tasks may she lawfully perform?

A licensee lets an unlicensed friend use her licence number on flyers so the friend can run open homes. If the licensee is convicted under s 13 of the Property and Stock Agents Act 2002, what must the court do?

Under what circumstances can an agent's authority be terminated by the principal?

Under agency law, when can a real estate agent delegate their authority to a third party?

A vendor instructs their agent not to accept offers below $800,000. The agent receives an offer for $750,000. What should the agent do?

A principal instructs their agent to reject all offers below $800,000, but later becomes unavailable when a $795,000 offer is received. The agent knows the principal is under financial pressure. What authority does the agent have?

Which of the following best describes the legal relationship between a real estate agent and their client under Australian agency law?

At an open home a buyer asks whether the strata scheme has any special levies coming up. The NSW agent does not know. What is the appropriate response?

After an appraisal, a homeowner wants to sign an exclusive agency agreement on the spot with the assistant agent who did the appraisal. What should happen?

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?

A Queensland auction is held in a large open paddock where no sign can sensibly be put up. How should the auctioneer make their name known?

A WA seller wants her sales agent to run the auction of her home. What should she check first?

A Queensland real estate agent holds a real estate agent's licence only and wants to call the auction of a client's house. Is this allowed?

A Victorian estate agency wants to appoint as trust account auditor a CPA who worked as its bookkeeper until 18 months ago. Can she be its approved auditor?

Unless the Commissioner approves otherwise, who must conduct the annual audit of a WA real estate agent's trust accounts?

For the year ending 30 June, when must a Victorian estate agency's trust account audit be completed, and when must the report be lodged with Consumer Affairs Victoria?

A WA agency rebrands and starts trading under a new name on its signs and ads. According to WA Consumer Protection guidance, what must the agent do about the Commissioner?

Mia's NSW assistant agent certificate of registration expires next month. She has not finished the units needed for a class 2 licence and has no exceptional circumstances to rely on. What happens when the certificate expires?

A 17-year-old school leaver in NSW has completed the five core units of CPP41419 and has a job offer from a real estate agency. Which authority can she hold now?

An assistant agent's certificate expired on Monday. Before it expired she applied for a 12-month extension on exceptional circumstances, and the application is still being assessed. May she keep working this week?

A WA agency wants to move its commission on a sale from the trust account to its general account before the sale settles, to pay office rent. What does the handbook say?

A WA vendor's written appointment of the agent was signed two days after the agent started marketing the property. What does the Act say about the agent's commission?

Under Victorian law, what is the maximum commission an estate agent may charge for selling a residential property?

Under NSW law, what is the standard cooling-off period for a residential property purchase?

A class 2 agent's licence covers all real estate work, but she works only as a residential property manager. Which compulsory CPD topics must she complete?

For NSW property agents, when does the continuing professional development (CPD) year run?

A class 2 agent's first licence was issued on 20 May, less than 90 days before the CPD year ends on 30 June. What CPD must she complete for that CPD year?

Lena is an assistant real estate agent. What CPD must she complete in each CPD year?

An assistant agent completes 5 units of CPP41419 in one CPD year, 2 more than required. What happens to the extra 2 units?

A Victorian agency finds on Monday that a ledger is $1,200 short because a payment was made twice in error. It cannot fix it until next week. What must it do?

As at October 2026, which education satisfies the Victorian requirement for a person becoming an agent's representative for the first time?

Three weeks into a campaign, strong buyer feedback shows that a Sydney agent's estimated selling price in the agency agreement is no longer reasonable. The vendor is overseas and hard to reach. What must the agent do?

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?

After an open home in Parramatta, a buyer tells the selling agent she wants to pay a preliminary expression of interest deposit straight away to show she is serious. What must happen before the agent accepts it?

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?

What constitutes a breach of the agent's duty of loyalty to their principal?

Where the law allows an agent to act for both buyer and seller in the one transaction, what is the most critical requirement?

Which of the following is NOT a fiduciary duty owed by a real estate agent to their principal?

What constitutes a breach of the duty of confidentiality by a real estate agent?

A real estate agent receives two offers on a property at the same time. One offer is higher but comes from the agent's business partner. How should the agent handle this situation?

An agent discovers that a comparable property sale they used in their market appraisal was actually between related parties at below market value. What is their professional obligation?

A vendor instructs their agent not to accept offers below $500,000, but the agent believes the property is only worth $450,000 based on recent comparable sales. What is the agent's best course of action?

A potential buyer asks an agent representing the vendor about the vendor's minimum acceptable price. How should the agent respond?

In a complex commercial property transaction, an agent receives confidential financial information from the vendor and separately learns that the potential purchaser is facing financial difficulties. How should the agent handle this dual knowledge under fiduciary duty principles?

An agent working under a general agency agreement sells a property and later discovers the purchaser was their undisclosed business partner. Which legal principles are most likely to apply in determining the validity of this transaction?

In a state whose law allows an agent to act for both the vendor and the purchaser with disclosure and consent (NSW, Queensland and SA do not), an agent doing so is told in confidence by the purchaser that their maximum budget is $50,000 above their current offer. What should the agent do?

An agent receives two offers on a property at the same time. What is the agent's primary obligation?

An agent receives confidential information that the local council is planning to rezone the area, which would significantly increase property values. The vendor is unaware of this. What should the agent do?

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?

Sarah, a licensed real estate agent, receives two offers on the same day for a property she has listed. One offer is higher but from a buyer she knows has financing issues, while the other is lower but from a pre-approved buyer. What is Sarah's primary obligation?

An agent discovers that a buyer they are assisting is actually their principal's estranged business partner, which could affect the vendor's willingness to sell. The buyer requests this information remain confidential. What is the agent's obligation?

Under Australian agency law, what is the primary duty that a real estate agent owes to their principal?

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?

A WA buyer pays a $15,000 deposit on a contract that settles in 90 days and asks in writing for it to be held in an interest-bearing trust account. Must the agent agree?

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?

An assistant real estate agent is logging work experience for her class 2 application. What does the Fair Trading logbook require her to complete?

Grace has held an unrestricted class 2 real estate licence for 18 months and has just completed the Diploma of Property (Agency Management). Her principal wants to nominate her as licensee in charge next week. Is she eligible for class 1?

A licensee in charge wants the office administrator to handle payments out of the rental trust account by electronic funds transfer. Which arrangement is permitted?

Sam holds a class 1 licence but is not the nominated licensee in charge of his branch. The licensee in charge is out at lunch and a settlement payment from trust is urgent. May Sam authorise the withdrawal?

A corporation licensee employs a new class 1 agent as licensee in charge of its Parramatta office. Within what time must it notify the Secretary of the appointment?

An agency has a sales trust account and a rental trust account. The principal wants two licensees in charge to share authority over the rental account so that one is always available. What does Fair Trading's guidance say?

Nadia is the class 1 licensee in charge for a corporation licensee. An unrelated agency, which is not in partnership with her employer, asks her to be its licensee in charge as well. Leaving aside any exemption from the Secretary, may she?

A class 2 agent missed her renewal and her licence expired six weeks ago. She has not been granted any extension. What is her best option?

When applying for a NSW real estate agent licence, which terms may the applicant nominate?

An assistant agent (certificate of registration holder) in a NSW property management business meets an investor, completes the inspection report and signs a management agency agreement with the investor on the agency's behalf. What is the correct position?

A WA agency's trust account is overdrawn by $85 for one day because of a bank processing error. What does the Act require?

Sarah, a licensed agent, wants to buy a property she has listed for sale. Which step reflects the rule shared by every state, although each state sets its own conditions?

An agent discovers their principal is using the property for illegal activities. The property is legitimately for sale, but continuing the agency may facilitate money laundering. What is the most appropriate course of action?

An agent discovers after settlement that they inadvertently failed to disclose a material fact that was known to them during the sales process. The purchaser suffers financial loss and seeks compensation. What is the most likely legal consequence for the agent?

An agent is approached by a buyer who offers to pay additional commission for preferential treatment in viewing properties. What is the appropriate response?

A vendor wants to set a reserve price below the advertised price range for an auction. What should the agent do?

In Queensland, what can follow if a real estate agent fails to pay trust money into the trust account within the time the Agents Financial Administration Act 2014 allows?

An agent discovers that a competing agent has made false statements about their client's property to potential buyers. What is the most appropriate course of action under professional conduct requirements?

A vendor asks their agent to only show the property to 'suitable buyers' and specifically requests not to show it to people from certain ethnic backgrounds. How should the agent respond?

An agent discovers that a property has potential structural issues but the vendor instructs them not to disclose this to buyers. What should the agent do?

Sarah, a licensed agent, discovers significant structural damage during a property inspection that the vendor hasn't disclosed. What should she do to comply with her professional obligations?

An agent discovers their principal is engaging in misleading conduct regarding property disclosures. The agent has advised against this but the principal continues. What is the agent's best course of action to protect themselves legally?

In Western Australia, an agent fails to deposit a buyer's deposit into the prescribed trust account within the required timeframe. What are the potential consequences under the Real Estate and Business Agents Act 1978?

Sarah, a licensed real estate agent, wants to purchase a property listed by her own agency but handled by a colleague. What disclosure requirements must be met?

Sarah, a licensed real estate agent, is selling her own investment property. Under most Australian state legislation, what disclosure requirement must she fulfill?

A buyer asks an agent about potential issues with the property's drainage. The agent knows there have been problems but says nothing. This represents:

An agent discovers their principal is asking them to engage in misleading advertising about the property's features. What should the agent do?

A real estate agent in Victoria has been offered a secret commission by a developer to steer clients toward their properties. The agent is considering this arrangement as it would supplement their income significantly. What are the legal implications under the Estate Agents Act?

A vendor will pay for print advertising in her campaign. Her agent will get a rebate from the publisher on that advertising, but the signed paperwork never mentions where the rebate comes from or how much it is. What follows for the agent?

Under WA trust accounting principles, how often must trust account reconciliations be completed, and who signs them?

By when must a Queensland principal agent complete the trust account reconciliations for the month ending 31 March?

A Victorian agency completes its trust account reconciliation as at 31 March. By when must the principal agent verify it as true and accurate?

At each month end, which pairs of figures must a Queensland principal agent check against each other for the trust account?

From 25 November 2026, what must a person hold before carrying out the duties of an agent's representative in Victoria?

Once registered with the BLA from 25 November 2026, what ongoing obligations does a Victorian agent's representative have to the BLA?

A Victorian estate agent hires Mia as an agent's representative, starting in December 2026. She has never worked in real estate before. What must happen before she starts work?

Ravi has worked as an agent's representative for a Victorian estate agent since 2024, and his employer notified the BLA of his employment then. What must Ravi do to keep working after 25 November 2026?

Josh started as an agent's representative on 20 November 2026, but his employer did not notify the BLA of his employment by midday on 24 November. What is his position on 25 November?

An experienced Victorian agent's representative wants to set up her own estate agency business under her own name. What does the law allow?

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?

An assistant agent's everyday mentor is a senior salesperson holding a class 2 licence. Under s 11 of the Property and Stock Agents Act 2002, who must supervise the assistant agent?

In Queensland, what happens to the agency agreement if the principal dies during the listing period?

A WA sales representative, registered but not licensed, wants her business cards to say 'Senior Agent'. Is that title allowed?

A Victorian estate agency opens a second trust account for its property management business. What must it tell Consumer Affairs Victoria, and when?

A Victorian agency's bank charges monthly fees on its trust account. How must the agency pay those fees?

A Melbourne agency receives a sales deposit by cheque on a Tuesday. Its bank, an authorised financial institution, is 2 km away. By when must the money be paid into the trust account?

A Perth agency receives $3,000 in cash as a sales deposit on a Thursday. Under WA trust accounting practice, how should it bank the money?

A Victorian agent's representative collects $2,500 in cash rent from a tenant at an inspection. What must she do with the money?

A Victorian estate agency's statutory trust account earns interest during the year. Who is entitled to that interest?

Who receives the interest that a WA real estate agent's general trust account earns?

A Queensland principal agent sees on Wednesday morning that a buyer's deposit arrived in the trust account by electronic transfer on Tuesday night. When must the trust account receipt form be completed?

At a Toowoomba agency counter, a tenant pays $900 of rent in notes. Under the Queensland Regulation, when is the trust account receipt form due?

A Queensland agency holds rent for 40 landlords in one trust account. How must it record their money in the trust account ledger?

How long must a Victorian estate agency keep its trust account records, and how quickly must it update them after each trust transaction?