9.1 A licensee must act in the best interests of a client and act in accordance with the client’s instructions unless to do so would be contrary to law.
9.2 A licensee must not engage in any conduct that would put a client, prospective client or customer under undue or unfair pressure.
9.3 A licensee must not take advantage of a client’s, prospective client’s or customer’s inability to understand relevant documents, where such inability is reasonably apparent.
9.4 A licensee must communicate regularly and in a timely manner and keep the client well informed of matters relevant to the client’s interest.
Appraisals and pricing
9.5 An appraisal of land or a business must be provided in writing to a client by a licensee; must realistically reflect current market conditions; and must be supported by comparable information on sales of similar land in similar locations or businesses.
9.6 An advertised price must clearly reflect the pricing expectations agreed with the client.
9.7 A licensee must not mislead customers as to the price expectations of the client.
Agency agreements and contractual documents
9.8 When inviting signature of an agency agreement a licensee must explain to a prospective client in writing—
(a) the conditions under which commission must be paid and how commission is calculated, including an estimated cost (actual $ amount) of commission payable by the client, based on the appraised price of the land or business:
9.9 When inviting signature of an agency agreement or a sale and purchase agreement, or other contractual document, a licensee must ensure that a prospective client, client, and/or customer is aware that he or she can, and may need to, seek legal, technical, or other advice and information, and allow the prospective client, client, and/or customer a reasonable opportunity to do so.
9.10 A licensee must not submit an agency agreement or a sale and purchase agreement or other contractual document to any person for signature unless all material particulars have been inserted into or attached to the document.
9.11 A licensee must not invite a prospective client to sign a sole agency agreement without informing the prospective client that if he or she enters into or has already entered into other agency agreements, he or she could be liable to pay full commission to more than 1 agent in the event that a transaction is concluded.
9.12 An agent must not impose conditions on a client through an agency agreement that are not reasonably necessary to protect the interests of the agent.
9.13 A licensee must submit to the client all offers concerning the sale, purchase, or other disposal of any land or business, provided that such offers are in writing.
9.14 A licensee must retain copies of all offers (whether such offers resulted in a transaction or not) for a period of 12 months.
Advertising and marketing
9.15 Unless authorised by a client, through an agency agreement, a licensee must not offer or market any land or business, including by putting details on any website or by placing a sign on the property.
9.16 A licensee must not advertise any land or business on terms that are different from those authorised by the client.
9.17 When authorised by a client to incur expenses, a licensee must seek to obtain the best value for the client.
9.18 A licensee must take due care to ensure the security of the land or business and avoid risks of damage that may arise from customer access to the land or business.
Conflicts of interest
9.19 A licensee must not act in a capacity that would attract a commission from both a client and customer in the same transaction.
9.20 A licensee must not engage in business or professional activity other than real estate agency work where the business or activity would, or could reasonably be expected to, compromise the discharge of the licensee’s obligations.
9.21 A licensee must not disclose confidential personal information relating to a client, unless—
(c) disclosure is necessary to answer or defend any complaint, claim, allegation, or proceedings against the licensee by the client.
9.22 Where a licensee discloses information under rule 9.21(b) or (c), it may be only to the appropriate person or entity and only to the extent necessary for the permitted purpose.
9.23 A licensee must not use information that is confidential to a client, for the benefit of any other person or of the licensee.