A NSW Fair Trading spokesman said: “Your members should be reminded that if a person is unable to locate the licence or certificate details of an agent or salesperson, it may result in a complaint being lodged with Fair Trading.
“Alternatively, prospective customers may choose to overlook a trader if licence or certificate details are unable to be located.
“It is suggested that agents and salespersons using a name other than that displayed on their certificate or licence, display their licence or registration number adjacent to their name.
“This will ensure that buyers, sellers, tenants and landlords are provided with additional certainty that they are dealing with an appropriately licensed professional.
“This will also avoid customers lodging complaints and enquiries with Fair Trading if they are unable to identify the licence details.”
NSW Fair Trading also said:
- Failure to display the correct licence or certificate details may result in a complaint or enquiry with NSW Fair Trading if the traders licence or certificate is unable to be identified. This could result in an unnecessary visit from Fair Trading
- Licensees in Charge of a business are required to display their name in a prominent place outside their place of business as per section 29 (1) (a) of the Property Stock and Business Agents Act 2002 (the Act). Section 50 of the Act also requires the licensees name to be published in any advertising
- The NSW Fair Trading website has a public register which enables buyers, sellers, landlords and tenants to make informed choices concerning the choice to deal with an agent.
REINSW research
REINSW reviewed the relevant acts to find out information which would be of help to member agencies on this topic
Notify within 14 days
Section 24(1) of the Licensing and Registration (Uniform Procedures) Act 2002 (NSW) (LRUP Act), states that:
“It is a condition of a licence (whether fixed-term or continuing) that the licensee must notify the relevant licensing authority, within 14 days after the change, of any change that occurs in the licensee’s name, address or other registered particulars.”
In the case of real estate agents and agencies, the relevant licensing authority is NSW Fair Trading.
Advertising conditions
A licensee must not publish an advertisement relating to, or in connection with, the licensee’s business unless it includes:
- if the licensee is an individual carrying on business in the licensee’s own name and is not a member of a partnership - the licensee’s name
- if the licensee is an individual working under a business name registered under any Act relating to the registration of business names - either the licensee’s name or that business name
- if the licensee carries on business as a member of a partnership - either the licensee’s name or the name of the partnership, or the name under which the partnership is registered under any Act relating to the registration of business names
- if the licensee is a corporation and the corporation is carrying on business in its own name -the name of the corporation. If the licensee is a corporation and the corporation is working under a business name registered under any Act relating to the registration of business names - either its own name or that business name.