Guidance for newly licensed salespersons

The Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (Code of Conduct) set out the standard of professional conduct and client care required of agents, branch managers and salespersons.

It is important to note that the Code of Conduct must be read in conjunction with the Real Estate Agents Act 2008 and accompanying regulations and that it does not repeat the duties and obligations that are included in the Act and regulations.

The Code of Conduct applies to all aspects of real estate agency work and will be used as a reference point for disciplinary action.

Read the Professional conduct and client care rules 2012 [PDF, 208 KB]

Salespersons must be supervised whether or not the salesperson is engaged as an employee or as an independent contractor. Agents who engage a salesperson as an independent contractor are still liable for the acts and omissions of the salesperson in the same manner, and to the same extent, as if they were an employee (section 51(3) of the Act(external link)).

Once your supervisor is satisfied that you are conducting real estate agency work in a competent and legal manner they can allow you more latitude.

Read more about supervision

Six-month sale and purchase agreement probation

A newly licensed salesperson (who has less than six months of real estate agency work experience) cannot prepare sale and purchase agreements or advise either clients or customers about legal rights and obligations incidental to the preparation of these agreements

We publish two important guides for buyers and sellers of residential property — the agency agreement guide and the sale and purchase agreement guide.

• The agency agreement guide must be given to all individuals entering into an agency agreement for residential property with an agent before they sign the agreement.
• The sale and purchase agreement guide must be given to both the buyer and seller before they sign a sale and purchase agreement.

You must also get each person to sign an acknowledgement that they have received the appropriate guide.

Learn more about our buyers and sellers guides

You are responsible for maintaining your own licence and you cannot carry out real estate agency work if you do not have a licence.

You must apply to the Registrar to renew your licence each year before it expires. Providing your renewal application is received by the expiry date you will be able to continue working in the industry until a decision has been made on your application.

More on renewing your licence

REA's settled.govt.nz(external link) helps guide consumers through the home buying and selling process. Settled.govt.nz provides comprehensive independent information and guidance for home buyers and sellers.

We encourage all licensees – and especially those working in the residential sector – to share settled.govt.nz(external link) or individual pages on the site with consumers (both buyers and sellers). Consumers will be better informed, make better decisions and have fewer issues, which means they make fewer complaints. You'll benefit by being seen to share relevant, professional, independent information with them.