June 23, 2011

What can admnistrators/receptionists do in a Real Estate Agency without being registered? (QLD)

A common question asked is when do I need to ensure my staff member is registered with the Office of Fair Trading? What if they are a receptionist and not actually a property manager or salesperson?

The current Property Agents and Motor Dealers Act (section 161) below sets out what a person can do without being registered salespeople. (Note that this is the only certificate name for those in property management, commercial and business broking).

161 Pretending to be real estate salesperson

(1) A person must not act as a real estate salesperson unless the

person holds a registration certificate (real estate salesperson).

Maximum penalty—200 penalty units.

(2) A person does not act as a real estate salesperson only because

the person, while performing duties as an employee of a real

estate agent at the real estate agent’s registered office or other

place of business—

 (a) collects, and issues receipts for, rents; or

(b) gives a person a list, prepared by or for the real estate

agent, of premises available for rent; or

(c) does something of an administrative nature in relation to

a thing the real estate agent does as a real estate agent.

(3) In this section—

act as a real estate salesperson, for a person, includes hold

out that the person is a real estate salesperson.


Please note that the future Property Agents Act (soon to be introduced) will have the same provision in Section 109.

If you are a Platinum Elite, Gold Priority, or Elite Professional Individual Member of Real Estate Excellence and require more best practice advice on this matter (or any other industry matter), please contact Stacey Holt.

This information is current as at 23rd June 2011.
(c) Real Estate Excellence Academy Pty Ltd provides best practice advice and services only.

1 comment:

  1. I adore every information you have here. Glad you've shared this. Thanks! :)

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