VICIn ForceAct
Estate Agents Act 1980
5Act not to apply to Government Departments etc. 18
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5 Act not to apply to Government Departments etc. 18
Part IIB—Administration 24
7 Function of Authority 24
8 Powers of Authority to enter into agreements 24
9 Functions of Director 24
10 Powers of Director to enter into agreements 25
11 Delegation by Director 26
11A Delegation by Secretary 26
Part III—Licences 27
12 Estate agents to be licensed 27
13 Agents' representatives 28
13A Estate agents to be responsible for the acts of their representatives 29
13B Auctioneers of real estate 29
14 Eligibility to obtain licence 30
15 Licensing of corporations 34
16 Eligibility for employment as an agent's representative 36
16B Offence to aid unqualified person to be an agent's representative 41
16C Transitional provision concerning former sub‑agents 41
17 Application for estate agent's licence 42
19 Certain documents to be lodged by particular corporations 45
19A Consent to disclosure of information 47
20 Application to be referred to Director and Chief Commissioner 48
20A Provision of information for the purposes of this Act 48
21 Grant and effect of licence 49
21A Conditions of licence 52
21B Endorsement of licence 52
22 Automatic cancellation of licence on bankruptcy etc. 52
22A Delay of effect of certain convictions 54
23 Annual licence fee and statement 55
24 Extension of time 56
24A Failure to comply with section 23 56
24B If details given in application or annual statement change 56
24C No application for 2 years after refusal 57
24D Lost licence 57
25 Inquiries into estate agents 57
28 Inquiries into agents' representatives 59
28A Determination of Tribunal on inquiry 60
29 Cancellation of licences in other cases 61
29A Suspended and cancelled licences must be returned 63
29B Duties of agents and officers in effective control 63
29C Offence to procure contravention of section 29B 64
30 Management of estate agency office 65
30A Absence of estate agent or branch manager 67
31 Effect of disqualification 68
31A Person involved in Fund claim may regain licence etc. in exceptional circumstances 68
31B Bankrupt person may be allowed limited right to hold licence etc. 70
31C Person with criminal record may be allowed limited right to hold licence etc. 72
31CA Corporation may be allowed to hold licence despite disqualifying factors 73
31D Authority may impose conditions 75
31E Disability etc. of licensed estate agent 76
32 Application for review 77
33 The Register 78
35 Registered address 82
Part IV—Agents and agents' representatives 85
37M Mandatory continuing professional development activities 85
38 Offence to pretend to be a licensed estate agent 86
41 Production of licence by agent 86
42 Advertising 86
43 Franchising agreements 88
44 Persons not to be employed by agents 89
47 Authorization of agents' representatives 91
47A Seller must be given estimated selling price 92
47AB Estimated selling price must be reasonable 92
47AC Determination of estimated selling price 93
47AD Director may issue guidelines 94
47AE Revision of estimated selling price 95
47AF Statements of information 96
47B False representation to seller or prospective seller 99
47C False representation to prospective purchaser 99
47D Director may require substantiation 103
48 Notice of commission sharing must be given 105
48A Agent must not retain any rebate 106
48B Rebates must be factored into costs of expenses 107
48C Treatment of non-monetary rebates 108
48D Repeated breaches within 12 months 108
48E Right of recovery of rebates 109
49A Offence not to give certain information about commission 109
50 Commission 112
51 Statement concerning finance only to be given if finance promised 114
52 Statement to be given on sale of small business 121
53 Copy of contract etc. to be delivered to person signing 123
53A Exemption concerning the Legal Profession Act 2004 124
54 Default time limit on sole agency agreements 125
55 Restriction on agent purchasing property 125
55A Prohibition on charging or retaining of commission 128
56 Certain commissions illegal 129
56A Power of Director to investigate disputes 129
56B Powers of Tribunal in relation to disputes 130
Part V—Builders and subdividers of land 131