[s 20]
Property Occupations Regulation 2014
Part 5 Conduct standards
Page 16 Current as at 1 July 2022
Authorised by the Parliamentary Counsel
(2) Before listing property for sale, lease or exchange, a real
estate agent or real estate salesperson must take reasonable
steps to find out or verify the ownership of the property and
property description.
20 Finding out or verifying facts material to the sale of
property
(1) An auctioneer appointed to sell property must take reasonable
steps to find out or verify the facts material to the sale that a
prudent auctioneer would have found out or verified to avoid
error, omission, exaggeration or misrepresentation.
(2) The steps must be taken before the auctioneer auctions the
property and afterwards as the occasion arises.
(3) A real estate agent appointed to sell, purchase, exchange or
lease property must take reasonable steps to find out or verify
the facts material to the sale, purchase, exchange or lease that
a prudent real estate agent would have found out or verified to
avoid error, omission, exaggeration or misrepresentation.
(4) The steps mentioned in subsection (3) must be taken before
the agent lists the property and afterwards as the occasion
arises.
21 Prior appointment of another property agent
(1) Before accepting an appointment to act as a property agent for
a client to perform a service, the property agent (the new
agent) must take reasonable steps to find out whether the
client has already appointed another property agent (an
existing agent) to act as a property agent to perform the
service.
(2) If the service mentioned in subsection (1) is to let lots or to
collect rent for lots in a building complex, the new agent must
also take reasonable steps to find out whether the client has
already appointed a residential letting agent (also an existing
agent) to let lots or to collect rent for lots in the complex.
(3) The new agent must not solicit or accept the appointment if—