{"id":"sr:estate-agents-professional-conduct-regulations-2018","name":"Estate Agents (Professional Conduct) Regulations 2018","slug":"estate-agents-professional-conduct-regulations-2018","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183665,"registerId":"vic-sr:estate-agents-professional-conduct-regulations-2018-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Estate Agents (Professional Conduct) Regulations 2018","content":"Version No. 001\n\n**Estate Agents (Professional Conduct) Regulations 2018**\n\n**S.R. No. 49/2018**\n\nVersion as at  \n26 May 2018\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objective 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\nPart 2—Conduct of estate agents and agents' representatives 3\n\n6 Knowledge of the law 3\n\n7 Confidential information 3\n\n8 Commissions 3\n\n9 Acting in accordance with principal's instructions 4\n\n10 Fairness and honesty 4\n\n11 Acting in principal's best interests 5\n\n12 Potential conflict of interest 5\n\n13 Good practice of estate agents and agents' representatives 6\n\n14 Estate agent or agent's representative not to induce breach of contract 7\n\n15 Estate agent or agent's representative to ascertain information 7\n\n16 Communication of offers by estate agent or agent's representative 7\n\n17 Bids and offers at public auctions of land 8\n\n18 Maintenance or repairs of residential rental property 8\n\n19 Acting for purchaser as buyer's agent 9\n\nPart 3—Complaints and disputes 10\n\n20 Dispute resolution procedures 10\n\n21 Estate agent or agent's representative to advise of dispute resolution procedures 10\n\n═════════════\n\nEndnotes 13\n\n1 General information 13\n\n2 Table of Amendments 15\n\n3 Amendments Not in Operation 16\n\n4 Explanatory details 17\n\n**Version No.** **001**\n\n**Estate Agents (Professional Conduct) Regulations 2018**\n\n**S.R. No. 49/2018**\n\nVersion as at  \n26 May 2018\n\nPart 1—Preliminary\n\n\t1 Objective\n\nThe objective of these Regulations is to prescribe rules of professional conduct for estate agents and agents' representatives.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 99 of the **Estate Agents Act 1980**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 26 May 2018.\n\n\t4 Revocation\n\nThe Estate Agents (Professional Conduct) Regulations 2008[[1]](#endnote-2) are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***estate agency practice*** means the business of—\n\n(a) selling, buying, exchanging, letting or taking on lease of, or otherwise dealing with or disposing of;\n\n(b) negotiating for the sale, purchase, exchange, letting, or taking on lease of, or any other dealing with or disposition of;\n\n(c) collecting rent for—\n\nany real estate or business on behalf of any other person;\n\n***principal*** means—\n\n(a) in relation to an estate agent, the person who engages the services of the estate agent to act on the person's behalf;\n\n(b) in relation to an agent's representative, the person who engages the services of the estate agent, for whom the agent's representative is performing the functions of an estate agent, to act on the person's behalf;\n\n***the Act*** means the **Estate Agents Act 1980**.\n\nPart 2—Conduct of estate agents and agents' representatives\n\n\t6 Knowledge of the law\n\nAn estate agent and an agent's representative must have a working knowledge of—\n\n(a) the Act and any regulations made under the Act; and\n\n(b) any other laws relevant to the functions performed by the estate agent and agent's representative.\n\n\t7 Confidential information\n\nAn estate agent and an agent's representative must not at any time use or disclose any confidential information obtained while acting on behalf of a principal, unless authorised by the principal or required by law to do so.\n\n\t8 Commissions\n\n(1) An estate agent or an agent's representative must not—\n\n(a) accept commission from the seller of real estate or a business when engaged to purchase that real estate or business on behalf of a purchaser; or\n\n(b) accept commission from the purchaser of real estate or a business when engaged to sell that real estate or business on behalf of the seller; or\n\n(c) accept commission from a landlord when engaged by a person to obtain a tenancy of the landlord's real estate or business on behalf of that person; or\n\n(d) accept commission from a person who wishes to obtain a tenancy agreement when engaged to obtain a tenancy for the real estate or a business on behalf of the landlord of the real estate or business.\n\n(2) An estate agent or an agent's representative must not—\n\n(a) in the case of an estate agent, induce or attempt to induce a person to enter into a contract or agreement with the agent; or\n\n(b) in the case of an agent's representative, induce or attempt to induce a person to enter into a contract or agreement with the licensed estate agent for whom the agent's representative is performing the functions of an estate agent—\n\nthat could make the person liable to pay commission to more than one estate agent in relation to the sale or lease of any real estate or business, without giving clear written advice to the person of the potential liability to pay more than one commission.\n\n\t9 Acting in accordance with principal's instructions\n\nAn estate agent or an agent's representative must act in accordance with the lawful instructions of a principal, except if it is contrary to good conduct as an estate agent or agent's representative.\n\n\t10 Fairness and honesty\n\n(1) An estate agent or an agent's representative must at all times act fairly, honestly, in good faith and to the best of the estate agent's or agent's representative's knowledge and ability in performing the functions of an estate agent or agent's representative.\n\n(2) An estate agent or an agent's representative must not mislead a tenant about a landlord's instructions.\n\n(3) An estate agent or an agent's representative must not mislead a purchaser or prospective purchaser about a seller's instructions.\n\n\t11 Acting in principal's best interests\n\nAn estate agent or an agent's representative must always act in a principal's best interests except if it is unlawful, unreasonable, improper or contrary to the instructions of the principal, for whom the estate agent or agent's representative is acting, to do so.\n\n\t12 Potential conflict of interest\n\n(1) An estate agent must not accept an engagement from, or act for, a person if it would place the agent's interests in conflict with those of the person.\n\n(2) An agent's representative must not act for a principal if it would place the agent's representative's interests in conflict with those of the principal.\n\n(3) If an estate agent or an agent's representative recommends a supplier of goods and services to a principal, the estate agent or agent's representative must disclose to the principal—\n\n(a) in the case of an estate agent, any personal or commercial relationship between the estate agent or the agent's representative and the supplier of the goods and services; or\n\n(b) in the case of an agent's representative, any personal or commercial relationship between the agent's representative, the licensed estate agent (for whom the agent's representative is performing the functions of an estate agent) and the supplier of the goods and services.\n\n\t13 Good practice of estate agents and agents' representatives\n\n(1) An estate agent or an agent's representative must exercise all due skill, care and diligence in performing the functions of an estate agent or an agent's representative (as the case requires).\n\n(2) An estate agent or an agent's representative must not engage in conduct that is unprofessional or detrimental to the reputation or interests of the estate agency industry.\n\n(3) An estate agent or an agent's representative must complete all work on behalf of a principal as soon as is reasonably possible.\n\n(4) An estate agent or an agent's representative must be timely and courteous in all dealings in the course of carrying out the duties of an estate agent or an agent's representative.\n\n(5) Unless a landlord otherwise instructs in writing, if—\n\n(a) an estate agent is managing a rental property on behalf of a landlord, the estate agent must promptly notify the landlord of any breach of a tenancy agreement; or\n\n(b) an agent's representative, who is acting for or on behalf of a licensed estate agent, is managing a rental property on behalf of a landlord, the agent's representative must promptly notify the landlord of any breach of a tenancy agreement.\n\n(6) If an estate agent is acting for the seller of, or if the principal of an agent's representative is the seller of, real estate or a business and a contract of sale for the real estate or business has been entered into and, contrary to the terms of the contract, a deposit has not been received, the estate agent or agent's representative must immediately inform the seller of this fact.\n\n\t14 Estate agent or agent's representative not to induce breach of contract\n\nAn estate agent or an agent's representative must not knowingly induce or attempt to induce a person to breach a contract of sale, letting or agency or a contract of any other kind relating to the estate agency practice.\n\n\t15 Estate agent or agent's representative to ascertain information\n\nAn estate agent or an agent's representative must make all reasonable enquiries to ascertain the information relevant to a service or transaction relating to the estate agency practice to be provided or performed by the estate agent or agent's representative.\n\n\t16 Communication of offers by estate agent or agent's representative\n\n(1) Unless otherwise instructed in writing by a principal, an estate agent or an agent's representative must communicate to the principal all offers to purchase, sell or lease real estate or a business, made to the estate agent or agent's representative, whether those offers were made verbally or in writing, as soon as possible after the offer has been made.\n\n(2) If, in accordance with the principal's written instructions, the estate agent or agent's representative is not going to inform the principal of an offer, the estate agent or agent's representative must inform the person who made the offer that the offer will not be submitted to the principal.\n\n\t17 Bids and offers at public auctions of land\n\nDespite regulation 16, an estate agent or an agent's representative must not communicate to any person any bid or offer for a property that is made after the property has been knocked down to the successful bidder at a public auction for the sale of land, unless the vendor or successful bidder at the auction refuses to sign the contract of sale following the auction.\n\n\t18 Maintenance or repairs of residential rental property\n\n(1) This regulation applies if—\n\n(a) an estate agent, or an agent's representative who is acting for or on behalf of a licensed estate agent, manages a residential rental property on behalf of a landlord; and\n\n(b) the scope of the engagement to manage the property includes management of the maintenance or repair of the residential property.\n\n(2) The estate agent or agent's representative must promptly—\n\n(a) respond to and, subject to the lawful instructions of the landlord, attend to all requests by a tenant for maintenance of, or repairs to, the property; and\n\n(b) notify the tenant of the landlord's response or otherwise to a request by a tenant for maintenance of, or repairs to, the property.\n\n(3) If the landlord has instructed that maintenance or a repair not be carried out, the estate agent or agent's representative must inform the landlord if the landlord's failure to carry out the maintenance or repair would constitute a breach of—\n\n(a) any tenancy agreement in force in relation to the property; or\n\n(b) the **Residential Tenancies Act 1997**.\n\n\t19 Acting for purchaser as buyer's agent\n\nAn estate agent, or an agent's representative acting on behalf of a purchaser as a buyer's agent, must keep the purchaser informed of each stage of the negotiation of a purchase price, as instructed by the purchaser.\n\nPart 3—Complaints and disputes\n\n\t20 Dispute resolution procedures\n\n(1) An estate agent must have in place written procedures for resolving complaints and disputes arising from the operation of the agent's estate agency practice.\n\n(2) The procedures under subregulation (1) must provide for the following—\n\n(a) the position title of the person or persons to whom a complainant may give notice of a complaint;\n\n(b) the contact details for the person or persons referred to in paragraph (a);\n\n(c) the times and places at which notice of a complaint may be given, which must not unreasonably restrict the ability of complainants to give that notice;\n\n(d) details of the dispute resolution procedure.\n\n\t21 Estate agent or agent's representative to advise of dispute resolution procedures\n\n(1) An estate agent must advise a person that the estate agent has procedures for resolving complaints and disputes—\n\n(a) before obtaining a signed written engagement or appointment from the person; or\n\n(b) as soon as possible after obtaining the engagement or appointment; or\n\n(c) before obtaining a signed written tenancy agreement from the person; or\n\n(d) as soon as possible after obtaining the signed written tenancy agreement.\n\n(2) An agent's representative must advise a person that the licensed estate agent for whom the agent's representative is performing the functions of an estate agent has procedures for resolving complaints and disputes—\n\n(a) before obtaining a signed written engagement or appointment from the person; or\n\n(b) as soon as possible after obtaining the engagement or appointment; or\n\n(c) before obtaining a signed written tenancy agreement from the person; or\n\n(d) as soon as possible after obtaining the signed written tenancy agreement.\n\n(3) If a person makes a complaint to—\n\n(a) an estate agent about the estate agent (including the agent's representative), the estate agent must inform the person of the estate agent's procedures for resolving complaints and disputes as soon as possible after the complaint is made; or\n\n(b) an agent's representative about the agent's representative or the licensed estate agent for whom the agent's representative is performing the functions of an estate agent, the agent's representative must inform the person of the licensed estate agent's procedures for resolving complaints and disputes as soon as possible after the complaint is made.\n\n(4) An estate agent or an agent's representative must make every effort to minimise and resolve complaints and disputes with a principal that relate to the performance of the estate agent or agent's representative.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Estate Agents (Professional Conduct) Regulations 2018, S.R. No. 49/2018 were made on 1 May 2018 by the Governor in Council under section 99 of the **Estate Agents Act 1980**, No. 9428/1980 and came into operation on 26 May 2018: regulation 3.\n\nThe Estate Agents (Professional Conduct) Regulations 2018 will sunset 10 years after the day of making on 1 May 2028 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Estate Agents (Professional Conduct) Regulations 2018 by statutory rules, subordinate instruments and Acts.\n\n3 Amendments Not in Operation\n\nThere are no amendments which were Not in Operation at the date of this publication.\n\n4 Explanatory details\n\n1. Reg. 4: S.R. No. 46/2008. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"Based on the limited text available, the regulations appear to remain focused on their original stated purpose: setting professional conduct standards for estate agents in Victoria. There is no evidence from the provided text of scope creep or departure from the original intent. However, the extremely limited content of the document supplied makes a definitive assessment impossible."},"complexity_factors":["Operates as subordinate legislation (regulations) under a parent Act — the Estate Agents Act 1980 (Vic) — meaning you need to read both documents together to understand the full legal picture","Professional conduct standards can involve nuanced judgment calls about what constitutes acceptable behaviour","May interact with other regulatory frameworks such as Australian Consumer Law and privacy legislation","Version consolidation history suggests the regulations have been amended over time, requiring readers to track changes","Complexity is kept relatively low because regulations of this type are typically prescriptive and practical rather than conceptually abstract","Severely limited source text provided — actual complexity of the full instrument cannot be fully assessed"],"plain_english_summary":"These Victorian regulations set mandatory professional‑conduct standards for licensed real estate agents and their staff, and protect people buying, selling or renting property through an agent. They require honest dealing, proper handling of client money, truthful advertising and express complaint/discipline mechanisms. They matter because they protect consumers in high‑value property transactions and give regulators tools to address unprofessional behaviour."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of prescribing professional conduct rules for estate agents. As a replacement for the 2008 regulations, it maintains the same scope without significant expansion into new areas. The content covers the expected topics: general conduct standards, specific transaction rules, and complaint handling procedures."},"complexity_factors":["Short length: Only 21 regulations across 3 Parts","Minimal defined terms: Only 3 definitions in regulation 5 (estate agency practice, principal, the Act)","Straightforward structure: Linear progression from general conduct to specific obligations to complaint handling","Limited cross-referencing: Only references to the Estate Agents Act 1980 and Residential Tenancies Act 1997","Simple conditional logic: Most obligations use direct 'must' or 'must not' language rather than nested exceptions","Clear subject matter: Focused exclusively on professional conduct standards without administrative or procedural complexity"],"plain_english_summary":"This legislation sets out the rules of professional conduct that real estate agents and their representatives must follow in Victoria. It replaces the 2008 regulations and establishes standards for how agents should behave when selling, buying, leasing, or managing property on behalf of clients (called 'principals').\n\n**Key requirements include:**\n\n*   **Knowledge and honesty**: Agents must know the relevant laws and always act fairly, honestly, and in their client's best interests.\n*   **Confidentiality**: Agents cannot share private information about their clients unless legally required or the client agrees.\n*   **Conflict of interest**: Agents cannot work for someone if it creates a conflict with their own interests, and must disclose any relationships with recommended suppliers.\n*   **Commission rules**: Agents cannot secretly take money from both sides of a deal (e.g., from both buyer and seller) without clear disclosure, and must warn clients if they might have to pay commission to multiple agents.\n*   **Communication**: Agents must pass on all offers to their clients unless specifically instructed not to in writing, and must keep buyers informed during negotiations.\n*   **Property management**: Agents managing rental properties must promptly handle repair requests, notify landlords of tenant breaches, and warn landlords if refusing repairs would break tenancy laws.\n*   **Complaint handling**: All agencies must have written procedures for resolving disputes and must tell clients about these procedures before or when they sign contracts.\n\n**Who it affects:**\nLicensed estate agents, their representatives (employees), and anyone engaging an agent to sell, buy, or lease property in Victoria.\n\n**Why it matters:**\nThese rules protect consumers from dodgy practices, ensure transparency in property transactions, and maintain professional standards in the real estate industry. Breaching these regulations can lead to disciplinary action under the Estate Agents Act 1980."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Regulations state their objective is to prescribe professional conduct (reg 1) and revoke the 2008 Regulations (reg 4). On the face of the supplied text, the scope remains targeted at estate agency practice as defined (reg 5) and at licensed estate agents and their representatives; there is no express expansion or narrowing of the regulated activities in the material provided."},"complexity_factors":["Cross‑references to primary legislation and other laws: made under s.99 of the Estate Agents Act 1980 (reg 2) and interacts with other laws such as the Residential Tenancies Act 1997 (reg 18(3)).","Wide set of operational duties across transactions: confidentiality (reg 7), competence/knowledge (reg 6), commissions (reg 8), conflicts and disclosure (reg 12), good practice and timeliness (reg 13), offers and auctions (regs 16–17), and repair/maintenance duties (reg 18).","Procedural obligations and recordkeeping: mandatory written dispute‑resolution procedures and required disclosure to clients (regs 20–21) increase administrative compliance for agencies.","Standards that create interpretive discretion: terms such as \"best interests\" (reg 11), \"all reasonable enquiries\" (reg 15), \"as soon as is reasonably possible\" (reg 13(3)) and \"promptly\" (regs 13(5), 18(2)) leave room for case‑by‑case interpretation and enforcement discretion.","Absence of penalties or enforcement detail in the text supplied: the Regulations set duties but do not specify sanctions, requiring reference to the Act or regulator for enforcement mechanisms (compare reg 1 objective and overall structure).","Replacement of prior instrument: revocation of the 2008 Regulations (reg 4) requires practitioners to identify what operational changes (if any) result from the new text when transitioning compliance systems."],"plain_english_summary":"These Regulations prescribe professional‑conduct rules for estate agents and their representatives, revoke the 2008 Regulations and commenced on 26 May 2018. They impose enforceable duties — for example, to know applicable law, protect client confidentiality, avoid conflicting commissions or interests, act in a principal’s best interests, manage rental repairs and maintain written dispute‑resolution procedures — affecting licensed agents, their representatives and their principals by placing compliance, disclosure and procedural responsibilities on agents and agencies."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/estate-agents-professional-conduct-regulations-2018","history":"/api/acts/estate-agents-professional-conduct-regulations-2018/history","analysis":"/api/acts/estate-agents-professional-conduct-regulations-2018/analysis","conflicts":"/api/acts/estate-agents-professional-conduct-regulations-2018/conflicts","importantCases":"/api/acts/estate-agents-professional-conduct-regulations-2018/important-cases","documents":"/api/acts/estate-agents-professional-conduct-regulations-2018/documents"}}