REI COMPLIANCE CHECK

Frequently Asked Questions

Updated 23 November 2022

Does our agency need to be an REINSW member to register for an REI Compliance Check?

Yes. The REI Compliance Check is exclusively available to REINSW members. Non-members cannot take advantage of the service.

How do I register for an REI Compliance Check?

You can register for an REI Compliance Check by purchasing your initial check here.

If you have already undertaken an initial REI Compliance Check, you can register for a:

If areas of non-compliance are identified, how will these be notified to us?

Upon completion of the REI Compliance Check, a comprehensive Compliance Report will be prepared and issued to you, setting out the REINSW Compliance Consultant’s findings, including instances of non-compliance identified, and providing comments to guide you to improve your agency’s compliance.

Will the REINSW Compliance Consultant speak with us about the Compliance Report?

Once you receive the Compliance Report, an REINSW Compliance Consultant is happy to speak with you to answer any questions you may have about the report. All you need to do is book in a suitable time for this 15-minute telephone discussion using the link you receive when the report is issued to you, and the Compliance Consultant will call you at that time. During this discussion, the Compliance Consultant may recommend that you register for a Follow-up REI Compliance Check or you may wish to independently register for one via the website. Please ensure that the Licensee in charge is available at the relevant time as the Compliance Consultant designates this time only to speak with them should they have any questions about the report.

Will REINSW help us to rectify any identified non-compliances?

The Compliance Report will set out identified non-compliances and will provide comments on how the agency can improve its compliance. Once you have implemented the comments from the Compliance Report, you can register for a Follow-up REI Compliance Check to determine whether the non-compliances have been rectified.

What documents and information do we need to provide to enable the REI Compliance Check to be conducted?

When you complete the registration form applicable to your REI Compliance Check, you will be prompted to upload necessary documents and make certain confirmations. Clear instructions are set out in the registration form. The REI Compliance Check and its outcomes (including comments for action) will be limited to the information, documents and confirmations provided by you.

Who selects the sale and property management files to be reviewed?

You will select the sale and property management files to be reviewed. The files should be selected at random without consideration of their completeness, as this will ensure a better outcome for your agency from the REI Compliance Check.

Is the process involved with the REI Compliance Check the same as when NSW Fair Trading audits an agency?

No. The Compliance Consultant reviews the information, documents and confirmations provided by you to assess compliance against a select and comprehensive criteria determined and developed by REINSW.

Does completing an REI Compliance Check mean that we won’t receive a fine from NSW Fair Trading?

No. REINSW makes no express or implied guarantee that by complying with the comments set out in the Compliance Report that you will not be subject to any, or further, fines from NSW Fair Trading. NSW Fair Trading carries out a separate and independent process to the REI Compliance Check. However, by carrying out an REI Compliance Check, you are assisting your agency with its compliance obligations.

Does the REI Compliance Check involve checking our agency’s internal documents or third-party supplier documents (e.g. agreements and forms not available on REI Forms Live) to assess if they are compliant?

No. Where the agency is not using REINSW real estate agreements and forms, the Compliance Consultant will make an assessment on the use of the agreements and forms but is not able to make any assessment regarding the compliance of their terms with the terms prescribed by legislation.

Does the REI Compliance Check involve checking that the written procedures our agency has put in place complies with the requirements of the Secretary's Supervision Guidelines?

No. Where the agency is not using the REINSW Supervision Guidelines Manual, the Compliance Consultant will make no assessment regarding the compliance of your manual with the provisions of the Secretary's Supervision Guidelines.

Where the agency is using the REINSW Supervision Guidelines Manual, the Compliance Consultant will assess the usage of certain checklists provided in the manual, however will not review how your agency may have tailored REINSW’s version of the manual to suit the particular processes and procedures of your agency.

Can we book an annual REI Compliance Check in advance?

Yes. You can book an Annual REI Compliance Check in advance by purchasing the service here. In doing so, you will be prompted to complete the registration form 90 days prior to your annual review date.

Can an employee (authorised by the Licensee in charge) answer questions on behalf of the agency during the course of the REI Compliance Check?

Yes. The details of the employee authorised by the Licensee in charge to answer questions on behalf of the agency should be added to the registration form.

What if I have a question about the REI Compliance Check that is not answered by these FAQs?

You can email us your questions about the REI Compliance Check at [email protected], but please note that your questions should only relate to the service or process involved as opposed to a specific review that we have conducted for you. You can also read our terms and conditions here.