Victorian Consolidated Legislation

Estate Agents Act 1980 - SECT 12

PART III LICENCES

Estate agents to be licensed

12. Estate agents to be licensed



(1) Subject to this Act an individual shall not either by himself or as a
member of a partnership-

   (a)  exercise or carry on or advertise notify or state that he exercises or
        carries on or is willing to exercise or carry on the business of an
        estate agent; or

   (b)  act as an estate agent; or

   (c)  in any way hold himself out to the public as ready to undertake for
        payment or other remuneration (whether monetary or otherwise) any of
        the functions of an estate agent-

unless he is a licensed estate agent. Penalty: 500 penalty units or
imprisonment for 12 months.

(2) Subject to this Act a corporation shall not-

   (a)  exercise or carry on or advertise notify or state that it exercises or
        carries on or is willing to exercise or carry on the business of an
        estate agent; or

   (b)  act as an estate agent; or

   (c)  in any way hold itself out to the public as ready to undertake for
        payment or other remuneration (whether monetary or otherwise) any of
        the functions of an estate agent-

unless it is a licensed estate agent. Penalty: 1000 penalty units.

(3) Where a licensed estate agent does not carry on business as an estate
agent otherwise than as an employee of an estate agent-



   (a)  sections 44, 47, 51, 59(6) and 62 shall apply to him as if he were an
        agent's representative for the purposes of this Act; and

   (b)  sections 25, 29, 45 and 91 shall apply to him as if he were an estate
        agent for the purposes of this Act.



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