4. Use the right terminology
The Act now bans the use of phrases such as ‘offers above’ and ‘offers over’ when stating or publishing the estimated selling price. It also bans the use of any similar words or symbols. However you can use phrases such as ‘price guide’, ‘auction guide’, ‘bidding guide’ or ‘price estimate’, as long as your published or stated price or price range complies with the Act’s other requirements.
5. Record selling price statements
You are now required to keep a written record of any and all prices you have quoted in relation to the property. These written records will assist you to demonstrate that you have not quoted a price that is lower than your estimated selling price.
This new requirement means that you may have to change some of your business practices. While not currently required by the Act, you should consider including the names of the people who you have communicated with about the property’s likely selling price or price range. This will help if you are investigated by NSW Fair Trading.
At an open house, you’re likely to speak to a number of potential buyers and may provide the same information to everyone attending the inspection. If this is the case, you can simply make a single record of the uniform information provided.
However, if you have a conversation with an individual over the phone or face to face, then you must make an individual written record of the information conveyed.
The information in this article was drawn from the NSW Fair Trading Underquoting Guidelines for Residential Property (dated December 2015).