Fair trading requirements

Industry News, Sales,  Principals,  Property Managers,  Salespeople

Working legally

In order to perform the duties of a real estate agent, auctioneer, resident letting agent, salesperson, or property manager (and many other roles in real estate), individuals must hold a registration certificate or licence. It is essential that an individual does not undertake any of the activities involved in appraising, listing, showing, renting, or selling real estate while unlicensed or unregistered, and doesn’t make any representations to the public regarding properties.

In addition to completing the required training, applicants for a registration certificate or licence must meet certain eligibility and suitability requirements stipulated by the Office of Fair Trading. The information below is taken directly from www.fairtrading.qld.gov.au. Students are recommended to contact the Office of Fair Trading directly to confirm their eligibility for a Registration of Licence.

Licence eligibility

To be eligible for a real estate agent licence, an individual must:

  • be 18 years or over,
  • be a suitable person,
  • have at least one place of business in Queensland, and
  • have completed the required training units through a registered training organisation.

An individual is considered suitable if they:

  • are not bankrupt,
  • have not been convicted in the previous five years of a serious offence which is punishable by three or more years imprisonment, such as:
    • fraud and dishonesty,
    • drug trafficking,
    • extortion,
    • arson,
    • unlawful stalking,
    • violence or the threat of using violence, or
    • any offence of a sexual nature,
  • are not disqualified from holding a licence of registration certificate, and
  • are not recorded in the register of disqualified company directors under the Corporations Act 2001.

Non-Australian citizens need to provide an international passport to complete the check on their working visas. The visa must state that they can work in Australia. They must also provide written advice from the Department of Immigration and Citizenship to explain any conditions on their visa.

Registration certificate eligibility

To be eligible for a real estate salesperson certificate, an individual must:

  • be 18 years or over,
  • be a suitable person, and
  • have completed the required training units through a registered training organisation.

An individual is considered suitable if they:

  • have not been convicted in the previous five years of a serious offence which is punishable by three or more years imprisonment, such as:
    • fraud and dishonesty,
    • drug trafficking,
    • extortion,
    • arson,
    • unlawful stalking,
    • violence or threat of using violence, or
    • any offence of a sexual nature,
  • are not disqualified from holding a licence or registration certificate, and
  • are not recorded in the register of disqualified company directors under the Corporations Act 2001.

Non-Australian citizens need to provide an international passport to complete the check on their working visas. The visa must state that they can work in Australia. They must also provide written advice from the Department of Immigration and Citizenship to explain any conditions on their visa.

An individual affected by bankruptcy action must also supply:

  • a description of the circumstances that caused them to go into bankruptcy (if they were involved in a business, they must advise the type of business) and a description of the steps taken by them to avoid going into bankruptcy,
  • a list of creditors and amounts owing to each creditor,
  • confirmation of whether any charges were laid against them in regard to the bankruptcy, and
  • a letter from their employer, on the employer’s letterhead, outlining their role within the business and whether they would be in a position to influence the management of the licensee’s business.

Important disclaimer: This article is provided for general information only, and the author is not engaged to render professional advice or services through this article. Readers should satisfy themselves as to the correctness, relevance, and applicability of any of the above content, and should not act on any of it in respect of any specific problem or generally without first obtaining their own independent professional legal advice.

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