The Competition and Consumer Act 2010 (Schedule 2) imposes strict obligations on real estate agencies and professionals to reduce the risk to their clients. Obligations that you have towards consumers under this legislation are:
Under the Competition and Consumer Act 2010 (Schedule 2), commonly known as the Australian Consumer Law (ACL), real estate agencies and professionals have several obligations towards consumers to ensure fair trading and protect consumer rights. These obligations include:
Misleading or Deceptive Conduct: Real estate professionals must not engage in conduct that is misleading or deceptive or is likely to mislead or deceive consumers. This includes providing false information about properties, prices, or terms of sale.
Unconscionable Conduct: Agencies must not engage in unconscionable conduct, which refers to actions that are harsh or oppressive and take advantage of a consumer's vulnerability.
Consumer Guarantees: Real estate services must meet certain consumer guarantees, such as providing services with due care and skill, ensuring that services are fit for purpose, and delivering services within a reasonable time.
Disclosure Obligations: Real estate professionals are required to disclose certain information to consumers, including any conflicts of interest, fees, and commissions associated with the transaction.
Fair Trading Practices: Agencies must engage in fair trading practices, which include not engaging in false advertising, bait advertising, or other deceptive marketing practices.
Privacy and Confidentiality: Real estate professionals must respect the privacy of their clients and handle personal information in accordance with privacy laws.
Compliance with Licensing and Regulatory Requirements: Real estate agencies must comply with all relevant licensing and regulatory requirements, ensuring that they are properly licensed to operate and that their staff are qualified.
Handling Complaints: Agencies should have processes in place for handling consumer complaints effectively and efficiently, ensuring that consumers have a means to resolve disputes.
Transparency in Fees and Charges: Real estate professionals must provide clear and transparent information regarding their fees and charges, ensuring that consumers understand the costs involved in their transactions.
Duty of Care: Real estate agents have a duty of care to act in the best interests of their clients, providing advice and services that are in line with the clients' needs and expectations.
By adhering to these obligations, real estate agencies and professionals can help protect consumers and foster trust in the real estate market.