Version No. 134
Estate Agents Act 1980
No. 9428 of 1980
Version incorporating amendments as at
26 November 2025
TABLE OF PROVISIONS
Section Page
1Short title and commencement
Part I—Introduction
4Definitions
5Act not to apply to Government Departments etc.
Part IIB—Administration
7Function of Authority
8Powers of Authority to enter into agreements
9Functions of Director
10Powers of Director to enter into agreements
11Delegation by Director
11ADelegation by Secretary
Part III—Licences
12Estate agents to be licensed
13Agents' representatives
13AEstate agents to be responsible for the acts of their representatives
13BAuctioneers of real estate
14Eligibility to obtain licence
15Licensing of corporations
16Eligibility for employment as an agent's representative
16BOffence to aid unqualified person to be an agent's representative
16CTransitional provision concerning former sub‑agents
17Application for estate agent's licence
19Certain documents to be lodged by particular corporations
19AConsent to disclosure of information
20Application to be referred to Director and Chief Commissioner
20AProvision of information for the purposes of this Act
21Grant and effect of licence
21AConditions of licence
21BEndorsement of licence
22Automatic cancellation of licence on bankruptcy etc.
22ADelay of effect of certain convictions
23Annual licence fee and statement
24Extension of time
24AFailure to comply with section 23
24BIf details given in application or annual statement change
24CNo application for 2 years after refusal
24DLost licence
25Inquiries into estate agents
28Inquiries into agents' representatives
28ADetermination of Tribunal on inquiry
29Cancellation of licences in other cases
29ASuspended and cancelled licences must be returned
29BDuties of agents and officers in effective control
29COffence to procure contravention of section 29B
30Management of estate agency office
30AAbsence of estate agent or branch manager
31Effect of disqualification
31APerson involved in Fund claim may regain licence etc. in exceptional circumstances
31BBankrupt person may be allowed limited right to hold licence etc.
31CPerson with criminal record may be allowed limited right to hold licence etc.
31CACorporation may be allowed to hold licence despite disqualifying factors
31DAuthority may impose conditions
31EDisability etc. of licensed estate agent
32Application for review
33The Register
35Registered address
Part IV—Agents and agents' representatives
37MMandatory continuing professional development activities
38Offence to pretend to be a licensed estate agent
41Production of licence by agent
42Advertising
43Franchising agreements
44Persons not to be employed by agents
47Authorization of agents' representatives
47ASeller must be given estimated selling price
47ABEstimated selling price must be reasonable
47ACDetermination of estimated selling price
47ADDirector may issue guidelines
47AERevision of estimated selling price
47AFStatements of information
47BFalse representation to seller or prospective seller
47CFalse representation to prospective purchaser
47DDirector may require substantiation
48Notice of commission sharing must be given
48AAgent must not retain any rebate
48BRebates must be factored into costs of expenses
48CTreatment of non-monetary rebates
48DRepeated breaches within 12 months
48ERight of recovery of rebates
49AOffence not to give certain information about commission
50Commission
51Statement concerning finance only to be given if finance promised
52Statement to be given on sale of small business
53Copy of contract etc. to be delivered to person signing
53AExemption concerning the Legal Profession Act 2004
54Default time limit on sole…