Ethics & Regulatory Compliance

In South Australia, what is a land agent's primary fiduciary duty to a client?

What is the ethical position on 'secret commissions' in SA real estate?

A Queensland real estate agent discovers that a property they are listing has significant structural issues. The agent's ethical and legal obligation is to:

A Queensland real estate agent is instructed by a seller to not show a property to buyers of a particular ethnic background. The agent's correct course of action is to:

During an examination of a Queensland agent's trust account, the auditor finds a $5,000 shortfall that accounting errors do not explain. Under the Agents Financial Administration Act 2014, which statement is correct?

Under the Real Estate and Business Agents Act 1978 (WA), what is the fundamental duty an agent owes to their client?

A WA agent becomes aware that their client intends to use the property for illegal purposes after settlement. Does the agent have any reporting obligation?

A WA real estate agency is covered by the Privacy Act 1988 (Cth). What obligations does it have regarding clients' personal information?

A WA agent discovers their client, a seller, has been providing false information about the property's rental history to potential buyers. What is the agent's obligation?

In WA, what is 'dual agency' and what ethical issues does it raise?

A WA agent is approached by a buyer who wants to submit an offer well below market value on a property where the seller is elderly and potentially vulnerable. The buyer asks the agent to pressure the seller into accepting. What should the agent do?

What is the primary purpose of professional indemnity insurance held by a Victorian estate agency?

A Victorian estate agent refers a buyer to a particular mortgage broker and receives a referral fee without disclosing this arrangement. Which ethical and legal obligation has the agent breached?

A WA real estate agent discovers that a property they are selling has a serious pest infestation. What is their ethical obligation?

A vendor lodges a formal complaint with Consumer and Business Services about her SA land agent's conduct. What process follows?

Under SA privacy law, what are a land agent's obligations regarding the collection and use of personal information from clients and prospective buyers?

What ethical obligations does a land agent have when a buyer makes an offer that the agent knows the vendor is likely to reject?

An SA land agent is closing an old branch office and asks which records the agency must keep. What are the requirements?

Under the Land Agents Act 1994, what grounds can lead to disciplinary action against a registered land agent?

What is the ethical requirement for a land agent in SA when they become aware of a conflict of interest?

An agent forms a suspicion on reasonable grounds that a buyer's funds are proceeds of crime. The buyer asks, 'You're not going to report me, are you?' What should the agent do?

Under AUSTRAC's real estate guidance, when does a seller's agent start providing the designated service to the seller, and so need initial customer due diligence on the seller?

A NSW agent acts for the seller of a Chatswood unit and brokers its sale. Under the AML/CTF regime that applies from 1 July 2026, who are the agent's customers?

A NSW property manager arranges a 12-month residential lease for a landlord. Is this an AUSTRAC real estate designated service?

A real estate agency discovers that over several months, an employee has been accepting multiple cash deposits of $9,500 each from the same overseas investor client, structured to avoid the $10,000 AML reporting threshold. What are the agency's obligations under the AML/CTF Act?

Under the AML/CTF Act, a reporting entity must report a transfer of physical cash of at least what amount?

Which statement correctly describes an agency's record-keeping obligations under the AML/CTF Act?

An agent is conducting due diligence on a high-value international client under AML/CTF requirements. The client claims to be a Politically Exposed Person (PEP). What additional obligations does this trigger?

An agency that is a reporting entity under the AML/CTF Act accepts $15,000 in cash from a buyer as part of a deposit. What must it do?

A buyer approaches an agent with a suitcase containing $50,000 cash for a property deposit. What AML/CTF obligations does this trigger?

A real estate agent discovers that a client has provided false identification documents during a property transaction. What is the most appropriate immediate action?

Under AML/CTF requirements, which of the following customer identification procedures is NOT required when establishing a business relationship with a new client?

An agent suspects a client may be using the property transaction to launder money but is not certain. The client becomes aggressive when asked for additional identification. What is the agent's best course of action?

For a suspicion relating to money laundering (not terrorism financing), when must a reporting entity submit a suspicious matter report?

In a complex money laundering scheme, a real estate agent unknowingly facilitates multiple property transactions using funds from criminal activity. Despite having no knowledge of the illegal source, what could be a potential consequence for the agent?

Which scenario would most likely trigger a suspicious matter report (SMR) under AML/CTF obligations?

What is the consequence if an agent fails to verify the identity of a client as required under AML/CTF legislation?

An agent suspects that a series of property transactions they've been asked to facilitate may be part of a money laundering scheme involving layered transfers between related entities. What is their primary legal obligation?

How long must real estate agents typically retain customer identification records under AML/CTF requirements?

A real estate agent is approached by a client who wants to buy several high-value properties using physical cash payments of just under $10,000 each, withdrawn from different bank accounts. The client refuses to provide identification beyond the minimum required. What is the most appropriate response under AML/CTF obligations?

A real estate agent receives a cash deposit of $15,000 from a buyer who appears nervous and provides inconsistent information about their identity. What should the agent do?

What action should a real estate agent take if they suspect a client is attempting to use their services for money laundering?

An assistant agent's sister wants to buy a house that the assistant's employing agency has been retained to sell. How does s 49 of the Property and Stock Agents Act 2002 apply?

Midway through a Brisbane auction, an onlooker asks the auctioneer the name of bidder number 12. What may the auctioneer do?

After a NSW residential auction where the property was passed in, the vendor asks the agent for a copy of the Bidders Record so he can phone the underbidders himself. How should the agent respond?

At an open home, a buyer asks the selling agent whether the roof was replaced when the house was renovated. The agent does not know. What is the appropriate response?

A buyer's agent is bidding at auction for a client whose maximum is fixed. Bidding passes that figure. The client, reached by phone, says 'go a bit higher' but gives nothing in writing. What may the agent do?

After the owner agrees by phone, an agent puts the property on a listing portal the same afternoon, planning to get the agency agreement signed next week. How does this sit with the rules of conduct?

A vendor tells her agent to advertise her home at a price range below the agent's own estimate of its selling price, to draw more buyers to the first open home. What should the agent do?

Which of the following scenarios would most likely constitute a conflict of interest requiring disclosure?

Which of the following best describes a conflict of interest that must be disclosed by a real estate agent?

An agent discovers their colleague has been misrepresenting property details to potential buyers. What should they do according to professional ethics?

What is the primary purpose of a real estate agent's code of conduct?

Which of the following best describes a conflict of interest in real estate practice?

Which of the following best describes a fundamental principle of professional conduct for real estate agents?

A real estate agent receives confidential information about a client's financial difficulties during a property sale. The agent later uses this information to purchase the property at a reduced price through a family member. This scenario primarily violates which professional standard?

An agent tells an elderly owner she must sign an agency agreement tonight or lose every buyer, then phones her repeatedly after 10 pm when she hesitates. Which Schedule 1 rule is most clearly breached?

A buyer asks a NSW agent why the vendor is selling. The agent knows the vendor is under financial pressure, which was told to her in confidence. When may she disclose it?

A buyer asks the vendor's agent for the lowest price the vendor has said she would accept. The vendor has not authorised the agent to reveal it. What should the agent do?

An agent is paid a monthly consulting fee by a developer who wants to buy a particular block cheaply. The owner of that block asks the agent to sell it. What should the agent do?

An agent realises they have not completed the CPD required for the current period. What is the most appropriate immediate action?

In states that make CPD mandatory for real estate licensees, how often must the CPD requirement typically be met?

A real estate agent completes their required CPD hours but fails to submit the compliance declaration by the deadline due to an administrative error. Six months later, during a routine audit, this is discovered. What is the most likely regulatory response?

An agent completes their required CPD hours but attends only seminars on sales techniques, ignoring legal updates and ethics training. This approach to CPD compliance is:

What is the primary purpose of Continuing Professional Development (CPD) requirements for real estate agents in Australia?

A licensed Victorian estate agent says the new CPD rules are only for agents' representatives because licensees already hold a diploma. Is she right?

Under the new Victorian education rules, what continuing professional development must an agent's representative complete from 1 April 2027?

As at October 2026, what new maximum court penalty applies to a NSW agent or assistant agent who does not meet the continuing professional development requirements?

Which of the following CPD activities would typically NOT be accepted by most Australian real estate licensing authorities?

In a complex disciplinary hearing, an agent is found to have engaged in professional misconduct involving multiple breaches of the code of conduct over several years. Which factor would a tribunal be LEAST likely to consider when determining appropriate sanctions?

NSW Fair Trading suspects an agent's recorded estimated selling prices are unrealistically low. Since 29 June 2026, which step can it take about those estimates?

After a disciplinary investigation in late 2026, NSW Fair Trading finds that an agent has repeatedly mishandled sales campaigns. Which of these can Fair Trading now do itself under the June 2026 changes?

NSW Fair Trading serves a notice to show cause on an agent over alleged breaches of the rules of conduct. How long must the notice give the agent to respond?

Fair Trading imposes a monetary penalty and a licence condition on an agent after a disciplinary process. The agent thinks the decision is wrong. What is the review pathway?

An agency buys a list of local home phone numbers for a prospecting campaign. Several have been on the Do Not Call Register for months. What must the agency do?

An agent hands a buyer the agency’s expression of interest statement form to sign before accepting her deposit. When must the agent give the buyer a copy of the signed statement?

An agent asks a vendor to sign an agency agreement with the commission rate and estimated selling price left blank, saying she will fill them in once the campaign is planned. What is the position?

A buyer asks the agent selling a house to also act as her buyer's agent for that same house, for a separate fee. What does the Property and Stock Agents Act 2002 say?

A vendor's brother bids at an SA auction on the vendor's behalf without any announcement, and the auctioneer knows who he is acting for. What is the maximum fine for this offence?

An SA auctioneer pretends to take a bid from the back of the room to lift the price, although nobody bid. What does the law say?

A Victorian applicant for an agent's representative role was found guilty of a fraud offence 7 years ago. What is the position?

A working Victorian agent's representative becomes ineligible because of a new finding of guilt for a dishonesty offence. She wants to keep working while she seeks the BLA's permission. What applies?

At an open home an agent tells a buyer that an apartment 'is a great investment that will suit you'. The agent will receive a bonus from the developer on sale. What must the agent give the buyer under the Regulation?

After settlement, a delighted vendor drops off a case of good wine for her selling agent to thank him for his work on the sale. May he keep it under the gifts provision, s 53F?

A builder who wants the agency to recommend him to vendors preparing homes for sale offers an agent concert tickets worth several hundred dollars. What should the agent do?

A vendor has instructed her agent in writing not to pass on any offers below $850,000 (invented). Before exchange, a buyer makes a genuine written offer of $800,000. What does NSW law require of the agent?

To hurry a hesitant buyer, a NSW selling agent says another party has already offered more, although no such offer exists. How do the rules of conduct treat this?

To win listings, an agent offers a local café owner a gift card for every customer the café persuades to list with the agent. What does Schedule 1 say about this?

Seconds after a Victorian property is knocked down to the winning bidder, another buyer shouts a higher bid, and an agent's representative hears it. What must the representative do?

An agent repeats the vendor's claim that an extension was council-approved. It was not. The agent had seen council letters questioning the approval but did not follow them up. Can the agent rely on the s 52 defence?

A vendor has told her agent in writing not to pass on any offer below a stated figure. A buyer then makes an offer below that figure. What must the agent do?

On a Tuesday evening a selling agent phones the vendor to pass on a new offer. What else does Schedule 2 require the agent to do?

A Victorian agent seriously underquotes a property. Besides a court penalty, what further consequence does Consumer Affairs Victoria warn may follow?

As at October 2026, what is the maximum court penalty for a corporation convicted of dummy bidding at a NSW residential auction?

As at October 2026, an individual NSW agent holds client deposits in her personal account instead of the trust account. What maximum court penalty applies to her for mishandling trust money?

As at 2026, a small NSW sales agency with turnover under $3 million provides AUSTRAC designated services. How does the Privacy Act 1988 apply to the ID it collects for AML/CTF?

An agent receives a complaint from a consumer alleging misleading conduct during a property sale. The matter is referred to the state regulator for investigation. What is the agent's best course of action?

An experienced agent is found to have systematically failed to maintain proper trust account records and client communications over several years, despite completing all required CPD. What does this scenario best illustrate about professional standards?

An agent receives a complaint alleging they provided misleading advertising about a property's proximity to public transport. The state regulator is investigating and has requested documentation. What is the agent's primary professional obligation?

An agent's licence has been suspended for professional misconduct. During the suspension period, which activity would be legally permissible?

In New South Wales, what must an agent give a client before the client signs an agency agreement for the sale of residential property?

A licensed real estate agent is found guilty of professional misconduct. Which authority typically has the power to impose disciplinary action?

Which action would most likely constitute a breach of professional conduct for a real estate agent?

At general law, an agent who proposes to act for both the vendor and the buyer in the same sale must at least do what? (Some states' conduct rules restrict this further.)

An agent discovers that their client has provided false information on a property contract. What should the agent do according to professional standards?

A real estate agent receives a complaint from a client about misleading advertising. What should be the agent's first course of action?

A licensed agent is found to have systematically overcharged clients for marketing expenses over several years, despite multiple warnings. Which disciplinary action is most likely to be imposed?

An agent discovers that a property they are marketing has a significant structural defect that the vendor has not disclosed. What is the most appropriate course of action?

Which situation would most likely result in disciplinary action against a real estate agent's license?

A NSW agent's marketing emails recommend a mortgage broker as 'independent', but the broker pays the agent a fee for each referral. What do the rules of conduct require?

A buyer asks the selling agent to recommend a conveyancer. The agent knows a local conveyancer is already acting for the vendor, and other conveyancers practise in the area. What does Schedule 1 require?

A seller's agent refers a prospective buyer to a mortgage broker who pays the agent a referral fee on settlement. What must the agent do for the disclosure to be effective under s 47 of the Property and Stock Agents Act 2002?

An agent recommends a home stylist to a vendor, calling the stylist 'completely independent'. The stylist pays the agent 10% of every fee she earns from referred clients. What does Schedule 1 require?

NSW Fair Trading issues a licensed agent with a show cause notice about possible disciplinary action. How long must the notice give the agent to respond?

As at September 2026, which change made by the Property and Stock Agents Amendment (Underquoting and Other Agent Conduct) Act 2026 is already in force?

To win a listing on her preferred terms, an agent tells the owner that NSW law makes a 90-day exclusive period compulsory in every sale listing. It does not. What has she done?

An agency buys a list of buyer contacts from another business, which says all the people on it consented. The agency wants to email them. Who must have consent?

An agent copies mobile numbers of private sellers from online classified ads and texts them an offer of a free appraisal. Is there consent under the Spam Act?

An agency sends an SMS promoting its new rental listings. How must the message identify who sent it?

A past client clicks 'unsubscribe' on an agency's monthly market update email. Under the Spam Act 2003, how quickly must the agency stop sending these emails?

An agency's email newsletter makes readers log in to a client portal before they can unsubscribe. Does this meet ACMA's unsubscribe rules?

Queensland's chief executive reasonably believes an agent made a misleading representation in marketing a property, and gives written notice asking for written proof. How long must the notice allow?

A licensee in charge learns that one of the sales agents routinely leaves the estimated selling price out of agency agreements. Under Schedule 1, what is the licensee in charge's obligation?

A new sales agent spends Saturday cold-calling homeowners to ask about selling. Until what time may those telemarketing calls be made?

An agency principal wants staff to make listing prospecting calls on Sunday afternoons, when homeowners are often home. What do the telemarketing rules say?

An SA agent advertises a property below the estimate in his sales agency agreement, in breach of the price rules. Besides a penalty, what else follows under the Land and Business (Sale and Conveyancing) Act 1994?

At a Townsville auction, bidding has just reached the reserve. The auctioneer then calls one more announced vendor bid to push it higher. What is the legal status of that bid?