Body corporate real estate or business agent licence - real estate
To apply for a body corporate real estate or business agent licence:
- all of the directors of the body corporate and all of the persons concerned in the management or conduct of the body corporate, must be persons of good character and repute and be persons who are fit to be directors of, or concerned in the management and control of, an agent’s business;
- the body corporate must show that it has sufficient material and financial resources available to it to comply with the requirements of the Real Estate and Business Agents Act 1978;
- unless, for good cause shown by the applicant, Consumer Protection otherwise determines, where there are:
- not more than three directors of the body corporate at least one of them must be licensed; or
- more than three directors of the body corporate at least two of them must be licensed; and
- the person in bona fide control of the business operated under the licence must be licensed.
Fitness and character of relevant persons
Each relevant person of the body corporate must provide an original or certified copy of an Australian police check from an approved provider issued no more than three months prior to the date of lodging the application.
Each relevant person who does not hold a current triennial certificate under the Act must also provide two business references. The references must be in the pro forma (see Appendix 1 of application form).
The application form requests the disclosure of previous convictions, pending proceedings and previous disqualifications involving each relevant person.
A person who gives false or misleading information to the Commissioner or chief executive officer under the Real Estate and Business Agents Act 1978, including in relation to an application for a real estate agent or business agent licence, commits an offence and is liable for a penalty of up to $20,000.
Person in bona fide control
If one of the licensed directors is not undertaking the role of person in bona fide control of the business, then the directors must nominate a licensed person to carry out the role.
Access to sufficient funds
The body corporate will also need to provide a confidential statement of its assets and liabilities.
Requirement to surrender licence if body corporate becomes unqualified
The licence and triennial certificate must be surrendered within five days after the licensee ceased to have the required number of licensed directors or have a licensed person in bona fide control of the business.
If the body corporate ceases to be qualified by reason of death or withdrawal, they can notify the Commissioner and operate for up to three months, after which they must surrender their licence and triennial certificate if they remain unqualified.
Requirement for partners and directors of licensees to be registered in certain cases
An unlicensed person who resides in WA, holds a current triennial certificate, and is partner or director of a firm or body corporate must hold a certificate of registration in order to carry out the functions of a sales representative or risk a fine of $20,000.
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