Real estate and business agent licensed activities

This publication is for: 
Licence holdersProperty industry

The below information provides a description of activities which a Western Australia (WA) licensed real estate or business agent is permitted to perform. If you are a WA licensee visiting another state under JobPass, you are only allowed to perform the activities listed below.   

If you need to apply for a WA licence more information is available on the Licensing and registration - real estate page.

Licence Identifier: RA00 – RA00000

Scope of work

A real estate agent is issued a licence and triennial certificate to operate as a real estate and business agent. They can trade in their own right, be the person in bona fide control for a licensed agency or hold a management role in an agency that requires an individual licence.

They can enter into contracts with a client to act as an agent for commission, reward or remuneration to:

  • negotiate contracts to buy or sell residential property
  • negotiate leases to let or rent residential property
  • manage residential property
  • negotiate leases to let or rent commercial property
  • manage commercial property
  • negotiate contracts to buy or sell businesses

They must supervise real estate and/or business sales representatives they employ.

They must hold a licence and a triennial certificate to undertake activity.

They cannot act as an auctioneer. This requires a separate auctioneer's licence through the WA Magistrates Court.

Specific activities

Conduct a real estate transaction which:

  1. means a sale, exchange, or other disposal and a purchase, exchange, or other acquisition of real estate and any exclusive right whether deriving from the ownership of a share or interest in a body corporate or partnership, or otherwise, to the use or occupation of real estate including the leasing, and letting, and the acquisition under lease or letting of tenancy or occupation of real estate; and
  2. includes any sale, exchange, or other disposal and any purchase, exchange, or other acquisition of goods, chattels or other property relating to a real estate transaction of a kind specified in paragraph (a);
  3. includes the collection of rents or other payments for use or occupation; and
  4. also includes an option to enter into a real estate transaction.

Conduct a business transaction which:

  1. means a sale, exchange or other disposal and a purchase, exchange or other acquisition of a business and any share or interest in a business or the goodwill thereof; and
  2. includes any sale, exchange, or other disposal and any purchase, exchange, and other acquisition of goods, chattels or other property relating to a business transaction of the kind specified in paragraph (a); and
  3. also includes an option to enter into a business transaction; but
  4. does not include the sale, exchange, or other disposal or a purchase, exchange, or other acquisition of a share in the capital of a body corporate carrying on a business or an option in respect thereof.

The collection by an agent, for or on behalf of another person, of moneys in respect of:

  1. the consideration; or
  2. any terms payments; or
  3. any rent or other payment for use or occupation; or
  4. any payments under a mortgage or other security, relating to a transaction, is deemed to be a service rendered by the agent in his capacity as an agent, and those moneys are deemed to be moneys received by the agent, in the course of his business, for and on behalf of the other person in respect of the transaction, irrespective of whether or not the agent negotiated the transaction or participated in the negotiation thereof.

Note: moneys collected by an agent, for or on behalf of a strata company, are deemed to be moneys collected by the agent in respect of a real estate transaction.

WA requirements 

To get a WA licence

  • Must have a prescribed qualification
  • Must have an Australian police check
  • Must have sufficient material and financial resources available
  • Must make a payment to the Fidelity Account of $150.00
  • Must be of person of good character and repute and a fit and proper person to hold a licence
  • Must have sufficient practical experience in negotiating transactions end to end
  • Must pay an application fee

To keep a WA licence

  • CPD – 10 points per year (three points mandatory (defined), seven points elective)
  • Must deposit monies received in relation to a real estate transaction into a statutory Trust Account which must comply with the Real Estate and Business Agents (General) Regulations 1979.
  • Must have appointed auditor and annually audit the trust account.
  • Must operate out of a registered office in WA
  • Must renew the licence and triennial certificate every three years.

They must comply with the Australian Consumer Law (WA), Real Estate and Business Agents Act 1978, Real Estate and Business Agents (General) Regulations 1979 and the Real Estate and Business Agents and Sales Representatives Code of Conduct 2016.

 

Consumer Protection
Information
Last updated 23 Jun 2022

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