When a certificate is needed for Queensland Real Estate

 What can administrators and receptionists do in a Real Estate Agency if they do not hold a Salesperson’s Certificate of Registration?

A common question asked is when do I need to ensure my staff members are 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, sales, 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.

The following information has been sourced from www.fairtading.qld.gov.au as at 4th March 2012.

The real estate agent licence allows you to:

 own or manage a real estate agency

 buy, sell, exchange or rent houses, businesses, land or any interest in these

 negotiate for the buying, selling, exchanging or renting of houses, businesses or land

 show property to potential buyers

 inspect and assess property for sale or rent

 advertise a property for rent or sale (includes setting up signs)

 open up a property for inspection for sale or rent

 manage an apartment complex and sell any units independently, without having to work through an established agency

 operate a trust account on behalf of sellers and buyers

 

 buy, sell or exchange livestock or an interest in livestock.

You cannot:

 auction property.

 

Section 128 of the PAMD Act sets out what a Real Estate Agent licence authorises;

128 What a real estate agent’s licence authorises

(1) A real estate agent’s licence authorises the holder of the

licence (real estate agent) to perform the following activities

as an agent for others for reward—

(a) to buy, sell, exchange, or let places of residence or land

or interests in places of residence or land;

(b) to buy, sell, exchange, or let businesses or interests in

businesses;

(c) to collect rents;

(d) to buy, sell or exchange livestock or an interest in

livestock;

(e) to negotiate for the buying, selling, exchanging, or

letting of something mentioned in paragraph (a) or (b);

(f) to negotiate for the buying, selling or exchanging of

something mentioned in paragraph (d).

(2) A real estate agent may perform the activities in the carrying

on of a business, either alone or with others, or as an employee of someone else.

Section 129 sets out licensee responsibilities for their staff;

129 Responsibility for acts and omissions of salespersons

(1) A real estate agent who is a principal licensee must take

reasonable steps to ensure each real estate salesperson

employed by the agent is properly supervised and complies

with this Act.

(2) A real estate agent who is an employed licensee in charge of a

licensee’s business at a place of business must take reasonable

steps to ensure each real estate salesperson employed at the

place is properly supervised and complies with this Act.

(3) A real estate agent who fails to comply with subsection (1) or

(2) is liable to disciplinary action under chapter 14, part 3.

 The above best practice information is applicable to Queensland. Best practice advice is for all staff to be registered.

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