Real Estate Agents Act 2008
The Real Estate Agents Act 2008 established the Real Estate Agents Authority. The Real Estate Authority is the operating name of the Real Estate Agents Authority.
The Act
The purpose of the Act is to promote and protect the interests of consumers and promote public confidence in the performance of real estate agency work.
Regulations
The Act provides for regulations to be issued with more detailed rules. The following regulations have been issued:
Real Estate Agents (Audit) Regulations 2009(external link)
Real Estate Agents (Complaints and Discipline) Regulations 2009 (external link)
Real Estate Agents (Duties of Licensees) Regulations 2009(external link)
Real Estate Agents (Licensing) Regulations 2009(external link)
Real Estate Agents (Exemptions) Regulations 2017(external link)
Real Estate Agents (Professional Conduct and Client Care) Rules 2012 [PDF, 366 KB]
Real Estate Agents (Fees and Levies) Notice 2016 [PDF, 329 KB]
Real Estate Agents (Continuing Professional Development Rules) Notice 2018 (external link)
Prosecutions
The Real Estate Authority prosecutes people who commit an offence under the Real Estate Agents Act 2008.
These offences include unlicensed trading, misleading the Real Estate Authority during an investigation or employing an unlicensed person to undertake real estate agency work.
Formal Warning Policy
Under the Real Estate Agents Act 2008 (the Act) one of the functions of REA is to investigate and initiate proceedings in relation to offences under the Act and other legislation. For example, this may relate to unlicensed trading or failure to comply with early deposit release requirements. In some instances, REA may consider issuing a formal warning where REA determines that it is an appropriate enforcement response rather than pursuing a criminal prosecution.
REA’s Formal Warning Policy sets out the process that REA will follow when determining whether to issue a warning and REA’s approach to publication.
The Policy outlines that warnings may be issued by REA on a case-by-case basis where:
- There is sufficient evidence of behaviour that would be an offence under the Act or other legislation.
- Issuing a warning is in the public interest.
REA will also follow the guidance contained in the Solicitor-General’s Guidelines for the Use of Warnings [PDF 233KB](external link)
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