New South Wales Consolidated Regulations

PROPERTY AND STOCK AGENTS REGULATION 2014 - REG 6

6 Provision of financial and investment advice

(1) This clause applies to financial or investment advice that--

(a) is intended to influence the person to whom the advice is given in making a decision in relation to a particular financial or investment decision in connection with the sale or purchase of land, or

(b) could reasonably be regarded as being intended to have such an influence.

(2) A real estate agent who provides financial or investment advice to which this clause applies to a person in connection with the sale or purchase of land must provide the following warnings and information to the person for the purposes of section 46 of the Act--

(a) a warning that the advice is general advice and that its preparation has not taken into account the individual circumstances of the person or the person's objectives, financial situation or needs,

(b) in the case of advice provided in connection with the purchase of land--a warning that an intending purchaser should assess the suitability of any investment in the property in light of the purchaser's own needs and circumstances, which the purchaser can do personally or by consulting an appropriately licensed financial adviser,

(c) information that discloses the existence and nature of any conflict of interest the agent may have in connection with the provision of the advice (for example, entitlement to commission or referral fees).

Note : Section 46 of the Act provides that a real estate agent who fails to comply with a requirement to provide information or warning specified in the regulations is guilty of an offence.