Code of Professional Conduct and Client Care 2009

The Code of Professional Conduct and Client Care 2009 [PDF, 529kb] was established by the Real Estate Agents Act (Professional Conduct and Client Care) Rules 2009.

The 2009 Code of Conduct has been revoked and replaced by the Code of Professional Conduct and Client Care 2012 [PDF, 101kb]. The 2012 Code of Conduct came into effect on 8 April 2013.

How the Code has been applied in decisions

The following sections of the Code have been referenced in Complaints Assessment Committee (CAC) decisions made to date:

  • [4]   Interpretation   4 references
  • [4.1] customer is a potential buyer of land or business and not a client   4 references
     
  • [5]   Standards of professional competence   47 references
  • [5.1] - skill   319 references
  • [5.1] - care   326 references
  • [5.1] - competence   320 references
  • [5.1] - diligence   317 references
  • [5.2] - sound knowledge   39 references
     
  • [6]   Standards of professional conduct   173 references
  • [6.1] - fiduciary obligations   109 references
  • [6.2] - good faith   244 references
  • [6.2] - deal fairly   335 references
  • [6.3] - conduct likely to bring industry into dispute   263 references
  • [6.4] - withhold information   426 references
  • [6.4] - provide false information   421 references
  • [6.4] - mislead a customer/client   431 references
  • [6.5] - disclose known defects   94 references
  • [6.5 (a)] - obtain confirmation   81 references
  • [6.5 (b)] - inform potential risk   81 references
  • [6.6] - work for client who directs information of the type referred to in rule 6.5 be withheld.   5 references
     
  • [7]   Duty to report misconduct or unsatisfactory conduct   4 references
  • [7.1] - suspect another licensee guilty of unsatisfactory conduct   6 references
  • [7.2] - suspect another licensee has been guilty of misconduct   4 references
  • [7.3] - use/threatens to use complaints or disciplinary process for an improper purpose   7 references
  • [7.4] - work without a license   1 reference
     
  • [8]   Awareness of duties and obligations on agents to create awareness of Act, regulations, and rules   2 references
  • [8.1] - display rules and provide website access   3 references
  • [8.2] - rules available on request   2 references
  • [8.3] - familiar with Act, regulations and rules   18 references
  • [8.4] - opportunity to undertake any continuing education required by the Autority   6 references
     
  • [9]   Client care and dealings with customers   67 references
  • [9.1] - best interests of a client   166 references
  • [9.2] - engage in conduct that would put a client/prospective client/customer under undue/unfair pressure   135 references
  • [9.3] - take advantage of a client’s/prospective client’s/customer’s inability to understand relevant documents   41 references
  • [9.4] - communicate regularly/keep client well informed   51 references
  • [9.5] - appraisals must be provided in writing   54 references
  • [9.5] - appraisals of realistic nature   55 references
  • [9.5] - supported by comparable information   55 references
  • [9.6] - advertise price reflecting pricing expectations of client   7 references
  • [9.7] - not mislead customers as to the price expectations of the client   26 references
  • [9.8 a] - explain to a prospective client in writing the conditions under which commission must be paid and how commission is calculated   25 references
  • [9.8 b] - how the land/business will be marketed and advertised and additional expenses   20 references
  • [9.9] - ensure prospective client/client/customer is aware s/he can seek advice/information   28 references
  • [9.10] - agency agreement or sale and purchase agreement or other contractual document insufficient   31 references
  • [9.11] - must inform client that if already in another agency agreement, could be liable to pay more than 1 agent commission   22 references
  • [9.12] - must not impose conditions on a client through agency agreement that are not reasonably necessary   5 references
  • [9.13] - licensee must submit to the client all offers made in writing   24 references
  • [9.14] - must retain copies of all offers for 12 months   2 references
  • [9.15] - must not market any land unless authorised   53 references
  • [9.16] - must not advertise any land or business on terms different to those authorised   10 references
  • [9.17] - must obtain best value on authorised expense   1 reference
  • [9.18] - due care to ensure the security of the land or business   6 references
  • [9.19] - must not act in a capacity that would attract commission from both a client and customer in same transaction   2 references
  • [9.21] - must not disclose confidential personal information unless   9 references
  • [9.21 a] - client consents in writing   9 references
  • [9.21 b] - required by law to disclose the information   9 references
  • [9.21 c] - disclosure is necessary to answer or defend any complain, claim, allegation or proceedings against the licensee by the client   10 references
  • [9.22] - disclosure of confidential personal information only to extent necessary for permitted purpose   4 references
  • [9.23] - must not benefit from confidential information   9 references
     
  • [10]   Information about complaints   3 references
  • [10.1] - ensure written in-house procedures for complaints and dispute resolution   8 references
  • [10.2] - ensure prospective clients and customers are aware of procedures before they enter into any contractual agreements   10 references
  • [10.3] - ensure that prospective clients, clients and customers are aware that they may access the Authority’s complaints process without first using in-house procedures   7 references
  • [10.3] - ensure that prospective clients, clients and customers are aware that any use of in-house procedures does not preclude their making a complaint to the Authority.   6 references
  • [10.4] - licensees employed or engage by an agent must advise the agent within 10 working days of becoming aware of   2 references
  • [10.4 a] - any complaint made to the Authority against them, CAC decision, any order made by the Committee   2 references
  • [10.4 b] - decision of Tribunal, if complaint proceeds to that state   2 references