This legislation has been repealed.
(Clause 12)
In this Schedule:
"holder" means a person who holds a licence or certificate of registration
under the Act.
"property" includes land and livestock and any estate or interest in any land
or livestock and, in relation to the sale of a business, includes all assets
and goodwill (if any).
"prospect" means a person who has indicated to a holder an interest in buying
or otherwise acquiring an interest in property.
If a licensee (whether described in this Schedule as a holder or in any other way) is required to do anything by a provision of this Schedule, that requirement is complied with if the licensee causes an employee who is a holder to do that thing.
(1) A licensee must not act on behalf of a principal in respect of the sale of any property unless the licensee has conducted a preliminary physical inspection of that property.
(2) This rule does not apply to:(a) a sale of livestock, or(b) a sale of commercial property, being property used or intended to be used solely or principally for commercial, business or industrial purposes, unless the property is used or intended to be used solely or principally for agricultural or pastoral purposes.
On completion of an inspection of property required by rule 3, the licensee must prepare and deliver to the principal a sales inspection report which contains the following particulars (if applicable):
(a) the name and address of the principal,
(b) the date of preparation of the report,
(c) the licensee's name, business address and telephone number,
(d) a description of the property sufficiently detailed so as to allow it to be readily identified,
(e) any fittings and fixtures which are to be included in the sale of the property,
(f) the price at which the property is to be offered for sale,
(g) such of the terms and conditions of sale as are known to the licensee (for example, whether or not vacant possession is to be given),
(h) the licensee's recommendation as to the most suitable method of sale of the property,
(i) any covenants, easements, defects, local government notices or orders affecting the property which are known to the licensee,
(j) the name, business address, telephone number and address for service of documents of the principal's solicitor,
(k) the signature of the licensee.
(1) A licensee who acts on behalf of a principal in respect of the sale of any property must, as soon as practicable after the licensee receives an offer to acquire any interest in that property, inform the principal of that offer.
(2) This rule does not apply to an offer received in the course of an auction.
When the bidding at an auction does not reach the minimum or reserve price fixed for the land by the principal, the holder conducting the auction must not set aside that price without the express permission of the principal or a person authorised to give that permission by the principal.
(1) When a holder issues a receipt for a deposit in respect of the proposed purchase of any property, being a deposit that is not paid under a contract for the sale of that property, the holder must inform the person who paid the deposit that:(a) the principal has no obligation to sell that property or the purchaser to buy that property, and(b) the deposit is repayable to that person in the event that a contract is not entered into between that person and the principal for the sale of the property.
(2) The information must be provided in writing and may be provided on the receipt.
(3) A holder must promptly inform a person who has paid the holder such a deposit of any subsequent offers to purchase the property that are received from any other person.
(1) If a licensee ( "the listing agent") is acting on behalf of a principal in the sale of residential land, the licensee must, as soon as practicable after a request from another licensee, make a copy of the proposed contract of sale for the land available for inspection by the other licensee.
(2) This rule applies only if the listing agent has an agreement with the other licensee to share any commission, fee, gain or reward in respect of the sale.
(1) A licensee acting as an agent of a prospective lessor who intends to enter into a lease which contains a requirement that the lessee pay the lessor's costs relating to the lease must, before submitting or tendering the proposed lease to a prospective lessee, or causing or permitting a lease to be so submitted, provide the prospective lessee with an itemised account of those costs.
(2) The itemised account must include a notice in a form approved by the Director-General for the purposes of this subclause.
A licensee who acts as the agent for a principal in respect of the leasing of any property (other than livestock) or the management of any property (other than livestock) let by the principal must, immediately before the commencement of a lease in respect of that property and either immediately before or immediately after its termination:
(a) inspect the property in the presence of the prospective lessee or lessee, if the prospective lessee or lessee is available, and
(b) prepare a written report detailing the state of repair and cleanliness of the property and the fixtures, fittings and appliances provided by the principal under the lease, and
(c) retain the report at the licensee's office, and
(d) forward a copy of the report to the prospective lessee or lessee.
A licensee who acts as the agent for a principal in the management of any property (other than livestock or property let by the principal) must:
(a) inspect the property as soon as practicable after entering into the agreement, and
(b) inspect the property at least once a year after that inspection, and
(c) on completion of each inspection, prepare a written report on the state of repair and cleanliness of the property, and
(d) forward a copy of that report to the principal.
A licensee who acts as the agent of a lessor in the management of any land must, on becoming aware of any failure by the lessee to observe a condition of the lease, promptly advise the lessor of that failure.
A licensee who acts as the agent of a lessor in the management of any land must not advise the lessor to enter into a new lease in order to vary the rent payable under the existing lease if the rent may be varied by a written agreement between the lessor and lessee.
A holder must not solicit or obtain the signature of a lessee to any document relating to the refund of a rental bond prior to the termination of the lease.
A licensee acting as the agent of a lessor of land referred to in section 5AA or 5A (1) (a), (b) or (f) of the Landlord and Tenant (Amendment) Act 1948 must not:
(a) advise a lessee or prospective lessee of the land to attend on a solicitor or Clerk of a Local Court for the purpose of having the lessee's or prospective lessee's signature on a lease or proposed lease of the land witnessed by the solicitor or that Clerk, or
(b) submit a lease of the land for registration, or advise any person to submit such a lease for registration, in the office of the Rent Controller.
(1) A holder must not divulge to another person any information of a confidential nature obtained through acting for a principal or obtained from a vendor, prospective vendor or prospect.
(2) This requirement does not apply if the holder divulges the information with the consent of the person from whom it was obtained.
(3) A licensee must not inform a holder of the details of any property in respect of which another licensee acts as agent without the consent of that other licensee.
A holder must not falsely represent that the holder is authorised or has been instructed to sell, lease, purchase, manage or otherwise deal with property, whether as an agent or not.
A holder must not falsely represent to a prospect, principal or other holder that the holder is a prospect.
A holder must not recommend that a principal or prospect engage the services of the same solicitor or the same firm of solicitors as the solicitor or firm acting for the other party to any proposed agreement.
A holder must not offer to provide any person (other than another holder) with any gift, favour or benefit, whether monetary or otherwise, in order to induce another person to engage the services of the holder as agent in respect of any matter.
A holder must not submit or tender to any person for signature a document in which a material particular is to be inserted, or cause or permit any such document to be submitted or tendered to any person for signature, unless at the time of the submission or tendering of the document the material particular has been inserted.
If a holder submits or tenders a document to any person for signature, or causes or permits a document to be submitted or tendered to any person for signature, the holder must, immediately after the person has signed the document, deliver a copy of the document to the person for retention by the person.
If a holder signs a document as a holder for and on behalf of another person (other than another holder), the holder must serve a copy of the document on the person within 48 hours of the document being signed by the holder.
(1) A holder must not falsely represent to a person the nature or effect of a provision of the Act or any Regulation made under the Act.
(2) A holder must not, either expressly or impliedly, falsely represent, whether in writing or otherwise, to a person that a particular form of agency agreement or any term of such an agreement is required by the Act or any Regulation made under the Act.
(1) A licensee must not, in the course of the licensee's business, receive any remuneration, whether by way of commission, fee, gain or reward, or any reimbursement for expenses or charges, from any person other than a person on whose behalf the licensee has agreed to act as agent.
(2) This rule does not apply to or in relation to any remuneration or reimbursement received by a licensee on behalf of a principal where the remuneration or reimbursement, as the case may be, has been paid to the licensee pursuant to an agreement between a principal on whose behalf the licensee acts and another person, being a person who has agreed to pay specified costs associated with, or arising out of, the agreement.