Making a Complaint about your Real Estate Agent - The Real Estate Agent Rules of Conduct

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The sections relevant to tenants are noted below:


S 8.2 Knowledge of Act and other laws

An agent must have a knowledge and understanding of the Act, and any other laws relevant to the kind of licence or certificate of registration held (including laws relating to residential tenancy, fair trading, trade practices, antidiscrimination and privacy) that may be necessary to allow the agent to lawfully exercise his or her functions as agent. 

S 8.4 Honesty, fairness and professionalism
1) An agent must act honestly, fairly and professionallywith all parties in a transaction.
2) An agent must not mislead or deceive any parties in negotiations or a transaction.
 

S 8.5 Skill, care and diligence
An agent must exercise reasonable skill, care and diligence.
 

S8.6 High pressure tactics, harassment or unconscionable conduct
An agent must not engage in high pressure tactics, harassment or harsh or unconscionable conduct.
 

S8.8 Confidentiality
An agent must not, at any time, use or disclose any confidential information obtained while acting on behalf of a client or dealing with a customer, unless—
a) the client or customer consents to the disclosure; or
b) the agent is permitted or compelled by law to disclose the information.


S8.10 To act in accordance with client’s instructions

An agent must act in accordance with a client’s instructions unless it would be contrary to the Act or otherwise unlawful to do so.
 

S8.18 Representations about Act
1) An agent must not falsely represent to a person the nature or effect of a provision of the Act. An agent must not, either expressly or impliedly, falsely represent, whether in writing or otherwise, to a person
1) that a particular form of agency agreement or any term of the agreement is required by the Act.
 

S8.34 Maintenance or repairs of rental property
1) An agent managing a rental property must promptly respond to and, subject to the principal’s instructions, attend to all requests by a tenant, for maintenance of, or repairs to, the property.
2) If the principal has given an instruction that a repair not be carried out, the agent must tell the principal if the principal’s failure to carry out the repair would constitute a breach of any tenancy agreement in force in relation to the property.
 

S8.37 Final inspection of property
An agent must take all reasonable steps to ensure that any final inspection of the property, on vacation of the property, is conducted in the presence of the tenant, unless otherwise authorised by the tenant.
 

S 8.38 Obtaining tenant’s signature for rental bond refund
An agent must not solicit or obtain the signature of a tenant to any document relating to the refund of a rental bond before the termination of the tenancy, unless the document directs that the bond be repaid in full to the tenant or transferred to another tenancy in accordance with the tenant’s directions.

 

Information supplied courtesy of the Tenants Union of ACT

Further information and advice for ACT tenants can be sourced from

www.tenantsact.org.au