Agency Practice & Law

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

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?

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

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

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?

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?

Under the Land Agents Act 1994, what are the trust account requirements for a land agent in SA?

In SA, what are the consequences for a land agent who commingles trust funds with their own business or personal funds?

Under the Property Occupations Act 2014 (Qld), what document must a real estate agent give a seller before being appointed to sell residential property?

An estate agent in Victoria fails to disclose a material conflict of interest to both parties in a transaction where the agent acts for both vendor and purchaser. Under the Estate Agents Act 1980, what is the most severe potential consequence?

Under the Estate Agents Act 1980, what is the difference between a licensed estate agent and an agent's representative in Victoria?

In Victoria, which body is primarily responsible for regulating estate agents?

A Victorian estate agent receives a $50,000 deposit from a buyer. Under the Estate Agents Act 1980, where must this money be deposited?

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

A WA agent receives multiple offers on a property. What is the agent's legal obligation regarding the presentation of these offers to the vendor?

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

In WA, what type of document is commonly used to formalise an agreement between a buyer and seller for residential property?

In Western Australia, a real estate agent's trust account audit period ends on 31 December. Within what time must the auditor lodge the audit report?

A WA real estate agent receives a deposit from a buyer. Where must this deposit be held?

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

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?

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

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

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

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

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 Occupations Act 2014 (Qld), what must an agent do with the appointment once the client and the agent have signed it?

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

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

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

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?

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

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?

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?

Under the Property and Stock Agents Act 2002 (NSW), what must an agency agreement for the sale of residential property include?

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?

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?

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

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?

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?

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?

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

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?

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

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?

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?

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?

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

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

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

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

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?

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?

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?

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?

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?

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?

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?

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

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

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

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

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?

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 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?

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

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?

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

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 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 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?

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?

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?

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?

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?

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?

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?

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?

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

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?

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?

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?

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?

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

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?

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

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 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?

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?

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?

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

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?

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

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:

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?

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?

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?

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