City Real Estate Agency: ACT Agents Act 2003 Compliance Report

This report analyzes a case study involving a real estate agency, City Real Estate, and its compliance with the Australian Capital Territory Agents Act 2003 (ACT). The report examines the actions of the administration manager, Bethany, and the owner, in relation to the Act's regulations. It addresses the legal requirements for real estate agents, specifically focusing on the restrictions on holding multiple roles and the responsibilities of administrators. The report outlines the breaches of the Act by Bethany, including her pursuit of property management training while employed as an administrator, and suggests actions for compliance. It also discusses the consequences of non-compliance, including potential disqualification from obtaining a real estate agent license. The report references relevant sections of the ACT Agents Act 2003 and provides a bibliography of legal resources.

Running head: REAL ESTATE AGENCY
Real Estate Agency
Name of the Student:
Name of the University:
Author’s Note:

1REAL ESTATE AGENCY
Table of Contents
Answer to question 1:.................................................................................................................2
Answer to question 2:.................................................................................................................2
Answer to question 3:.................................................................................................................3
References and bibliography:.....................................................................................................4

2REAL ESTATE AGENCY
Answer to question 1:
Real estate business and agencies are regulated and governed by the Real Estate
Institute of Australia (REIA). There are various rules and regulations issued by the REIA,
which specifies the scope of activities of every participant in the real estate industry of
Australia. In the given case study, it can be observed that, the administration manager of the
City Real Estate has undertaken a training to become a registered property manager, and the
owner of the business is engaged in teaching in somewhere else, which results in less time
contribution by both of them in the business. The Australian Capital Territory Agents Act
2003(ACT) governs every aspect of agents’ duties liabilities and ensures certain rights of
them. As per division 4.1, section 45 of the Agents Act 2003(ACT), a real estate sales people
must be registered, and they must have certain qualification. As per part 9, section 142 of the
Act an administrator in real estate business is having certain specific functions and which
needs to be performed and must not be involved in any other business. In the given case study
the administration manager Bethany have breached such provisions and the sections 40 to 43
of division 3.4 Occupational Discipline-Agent, of the ACT.
Answer to question 2:
To comply with the provisions division 3.4 Occupational Discipline-Agent, section 40
to 43 of the Agency Act 2003(ACT), the administration manager should work for the real
estate business solely while she is appointed and engaged in the business. She cannot involve
in any other business, if she wishes to be a property manager by herself, she can leave the
organization and become the property manager taking required training and license. On the
other hand to comply with the provisions of part 9, section 142 of the Agency Act
2003(ACT), the owner should concentrate on his business and contribute more time in the
business to maintain all the aspects and a good relationships with the clients.

3REAL ESTATE AGENCY
Answer to question 3:
If the administration manager Bethany breaches any provision of the Agency Act
2003(ACT), she will be ineligible to be a real estate agent in future. As per division 3.2,
section 24 and 27 talks about the qualifications and disqualifications about the license of the
real estate agent. Section 27 says, if any people have breached any provision of this Act then,
he or she will be disqualified for availing the license of being a real estate agent. Hence, it
can be concluded that, breach of provisions of professional conducts of the Act by Bethany
can make her ineligible to become a licensed real estate agent.

4REAL ESTATE AGENCY
References and bibliography:
austlii.edu.au (2019). AGENTS ACT 2003. [online] Www8.austlii.edu.au. Available at:
http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/act/consol_act/aa200381/ [Accessed 14
Apr. 2019].
austlii.edu.au (2019). ESTATE AGENTS ACT 1980. [online] Www8.austlii.edu.au. Available
at: http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/vic/consol_act/eaa1980145/ [Accessed
14 Apr. 2019].
austlii.edu.au (2019). REAL ESTATE AND BUSINESS AGENTS ACT 1978. [online]
Www8.austlii.edu.au. Available at:
http://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/wa/consol_act/reabaa1978293/ [Accessed
14 Apr. 2019].
reia.asn.au (2019). REIA - Legislation. [online] Reia.asn.au. Available at:
https://reia.asn.au/consumers/complaints/legislation/ [Accessed 14 Apr. 2019].