Queensland Consolidated Regulations

PROPERTY AGENTS AND MOTOR DEALERS (REAL ESTATE AGENCY PRACTICE CODE OF CONDUCT) REGULATION 2001

TABLE OF PROVISIONS

           Contents
   1.      Short title
   2.      Commencement
   3.      Code of conduct
           SCHEDULE REAL ESTATE AGENCY PRACTICE CODE OF CONDUCT

           Part 1--Preliminary
           1. Title
           2. Object

   3.      Definitions
   4.      Compliance with code

           Part 2--General rules of conduct

   5.      Knowledge of Act and code
   6.      Fiduciary obligations
   7.      Honesty, fairness and professionalism
   8.      Skill, care and diligence
   9.      Agent to act in client's best interests
   10.     Agent to act in accordance with client's instructions
   11.     Agent to keep client informed of developments
   12.     Agent to ensure employees comply with Act and code
   13.     Representations by employees
   14.     Fraudulent or misleading conduct
   15.     High pressure tactics, harassment or unconscionable conduct
   16.     Claiming membership or endorsement
   17.     Conflict of duty or interest
   18.     Soliciting through false or misleading advertisements or communications

           Part 3--Rules specific to real estate agents

           Division 1--General

   19.     Prior appointment of another agent or auctioneer
   20.     Conjunction sales
   21.     Advice about market price or rent
   22.     Finding out or verifying ownership and property description
   23.     Finding out or verifying material facts
   24.     Agent to encourage disclosure by client
   25.     Disclosure to customer that agent is the client's agent
   26.     Referral to service provider
   27.     Goods and services
   28.     Inducing breach of contract
   29.     Duty to obtain maximum sale price
   30.     Opportunity to obtain independent advice or representation
   31.     Failure to receive deposit

           Division 2--Property management

   32.     Inspection report and inventory
   33.     Inspection of property for rent
   34.     Maintenance or repairs of rental property
   35.     Agent not to engage unlicensed person for building work
   36.     Breach of agreement or contract
   37.     Notifying managing agent of appointment to sell
   38.     Notifying customer of appointment to sell
   39.     Final inspection of rental property

           Division 3--Use, disclosure and recording of information

   40.     Confidentiality
   41.     Recording of information

           Part 4--Publicising code

   42.     Publicity about code

           Part 5--Complaint resolution

   43.     Principal licensee to have complaint handling procedure
   44.     Client to be notified of complaint and outcome
   45.     Compliance with complaint handling procedure
           Endnotes