Client and Customer Care
9.1 A licensee must act in the best interests of a client and act in accordance with the client’s instructions unless to do so would be contrary to law.
9.2 A licensee must not engage in any conduct that would put a prospective client, client, or customer under undue or unfair pressure.
9.3 A licensee must communicate regularly and in a timely manner and keep the client well informed of matters relevant to the client’s interest, unless otherwise instructed by the client.
9.4 A licensee must not mislead customers as to the price expectations of the client.
9.5 A licensee must take due care to—
(a) ensure the security of land and every business in respect of which the licensee is carrying out real estate agency work; and
(b) avoid risks of damage that may arise from customers, or clients that are not the owner of the land or business, accessing the land or business.
9.6 Unless authorised by a client, through an agency agreement, a licensee must not offer or market any land or business, including by putting details on any website or by placing a sign on the property.
Agency Agreements and Contractual Documents
9.7 Before a prospective client, client, or customer signs an agency agreement, a sale and purchase agreement, or other contractual document, a licensee must—
(a) recommend that the person seek legal advice; and
(b) ensure that the person is aware that he or she can, and may need to, seek technical or other advice and information; and
(c) allow that person a reasonable opportunity to obtain the advice referred to in paragraphs (a) and (b).
9.8 A licensee must not take advantage of a prospective client’s, client’s, or customer’s inability to understand relevant documents where such inability is reasonably apparent.
9.9 A licensee must not submit an agency agreement or a sale and purchase agreement or other contractual document to any person for signature unless all material particulars have been inserted into or attached to the document.
9.10 A licensee must explain to a prospective client that if he or she enters into or has already entered into other agency agreements, he or she could be liable to pay full commission to more than 1 agent in the event that a transaction is concluded.
9.11 On notice of cancellation of an agency agreement being given or received by the agent under the agreement, the agent must advise the client, in writing, of the name of each customer (if any) in respect of whom the agent would claim a commission, were the customer to conclude a transaction with the client.
9.12 An agent must not impose conditions on a client through an agency agreement that are not reasonably necessary to protect the interests of the agent.
9.13 When authorised by a client to incur expenses, a licensee must seek to obtain the best value for the client.
Conflicts of interest
9.14 A licensee must not act in a capacity that would attract more than 1 commission in the same transaction.
9.15 A licensee must not engage in business or professional activity other than real estate agency work where the business or activity would, or could reasonably be expected to, compromise the discharge of the licensee’s obligations.
9.16 A licensee must not use information that is confidential to a client for the benefit of any other person or of the licensee.
9.17 A licensee must not disclose confidential personal information relating to a client unless—
(a) the client consents in writing; or
(b) disclosure is necessary to answer or defend any complaint, claim, allegation, or proceedings against the licensee by the client; or
(c) the licensee is required by law to disclose the information; or
(d) the disclosure is consistent with the information privacy principles in section 6 of the Privacy Act 1993.
9.18 Where a licensee discloses information under rule 9.17(b), (c) or (d), it may be only to the appropriate person or entity and only to the extent necessary for the permitted purpose.
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