Proactive compliance - real estate

The proactive compliance program assists agents in complying with legislative requirements, identifying and rectifying areas of risk, and providing advice to agents. This is achieved through voluntary agency visits and industry seminars.

Proactive compliance visits

The visits are designed to educate agencies on the roles and functions of Consumer Protection, while also providing a question-and-answer forum in a one-on-one setting. Visits to real estate agencies are free and can be booked by calling the proactive compliance team on 1300 304 054.

The proactive compliance visits page will assist you to prepare for a visit.  It includes information on preparing yourself for a proactive compliance visit and a visit checklist.  This information provides a useful tool for agents wishing to measure their own compliance before a proactive visit, and at any other time.

Compliance notes

The following is a list of useful documents and links to assist agents to meet their compliance obligations:

Topic and link

Description

Elements of a valid appointment to act  Presents the requirements that an agent must comply with, in order for them to have a valid appointment to act.
Notification of staff changes This form allows agents to list staff members who have left or joined the agency, as all staff changes are to be reported to Consumer Protection.
Receipts Outlines the legislative requirements for recording and receipting of money received, and what should be included on a receipt.
Requirements for agents' documents and correspondence Provides the legislative requirements for agents to include certain details on documents and correspondence.
Trust account information Presents information on what should be specified on a trust account. The attached form outlines the convention for trust account titling, and enables agents to list trust accounts that have been opened, closed or amended. Agents are required to inform Consumer Protection of such changes to trust accounts as soon as practicable or within five working days.
Unclaimed money

Department of Tresury information on how to handle unclaimed money. 

Please note there are separate provisions under the Residential Tenancies Regulations 1989 for the disposal of unclaimed residential tenancy security bonds. See below for further information. 

Unclaimed money - residential tenancy bonds Given the deadline for all residential tenancy bond money held under the Residential Tenancies Act 1987 to be transferred to the Bond Administrator by 31 December 2014, please contact the Bonds Administration Branch on 1300 853 829 or by email for further information on how to deal with unclaimed bond money.  
Complaint handling guidelines

Presents general recommendations that are considered essential for the internal management of complaints received by real estate agencies in Western Australia.

 

More information: 

  • Bonds Administration Branch 1300 853 829
  • Licensing Advice Line 1300 304 064 

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