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Agent's representatives
Definition
An agent's representative is any person who is not a licensed estate agent but who performs any estate agent's functions (eg sales person, property manager).
Eligibility
An agent's representative is an employee of an estate agent who may perform any of the functions of an estate agent under the authority of that estate agent. An agents representative may be a sales person or a property manager but cannot operate a real estate business.
When you employ an agent's representative, you must ensure that the person you propose to employ is eligible, this includes ensuring the person is at least 18 years old and you must sight and retain the following information on your estate agency's business files:
A Consent to Check and Release National Police Record form for obtaining a police record report from Victoria Police.
If you are unsure of the eligibility of a person you are proposing to employ, you should seek your own legal advice. Please note that it is not a function of the BLA to provide legal advice in relation to such matters but written clarification of a prospective employee status will be considered by it.
Notifying the Authority
You must notify the BLA of the employment or cessation of an agent's representative within seven days of the employment or ceasation of an agent's representative. This can be done via our online service or alternatively you may download and complete a 'Notice of Employment' form and send it to the BLA.
Penalties
If you employ an ineligible person to act as an agent's representative you are liable to a fine of 500 penalty units.
Some people need to obtain permission from the Business Licensing Authority before being employed as an agent's representative. This includes people who:
The following courses are prescribed to meet the educational requirement for eligibility to be employed as an agent's representative.
Enquiries regarding the admission to the course should be directed to the course co-ordinator at the TAFE Institute at which you wish to study. Entry to the course is prioritised to applicants who have the promise of employment in Real Estate as an agent's representative. Any person who has been promised employment as an agent's representative must provide the course co-ordinator at the relevant institute with a completed Application for admission to the Course by and Employer on behalf of a Prospective Agent's Representative. This form must be completed and signed by an estate agent employer and is available from TAFE Institutes.
The course is also available through TAFE Institutes throughout Victoria in a variety of study modes including full-time, part-time, correspondence and flexi-mode (a combination of part-time and correspondence study). A timetable of courses being offered by TAFE is published at www. consumer.vic.gov.au
Becoming an agent's representative
If you are wanting to become an agent's representative, more information can be obtained here.
Definition | Eligibility | Educational Requirements | Becoming an Agent's Representative |
Notifying the Authority |
Notifying the Authority |
Definition
An agent's representative is any person who is not a licensed estate agent but who performs any estate agent's functions (eg sales person, property manager).
Eligibility
An agent's representative is an employee of an estate agent who may perform any of the functions of an estate agent under the authority of that estate agent. An agents representative may be a sales person or a property manager but cannot operate a real estate business.
When you employ an agent's representative, you must ensure that the person you propose to employ is eligible, this includes ensuring the person is at least 18 years old and you must sight and retain the following information on your estate agency's business files:
- A copy of a course certificate or letter of successful completion stating that the person has passed the Course in Real Estate for Agent's Representatives or another prescribed Victorian equivalent course. In order for a person to be eligible and to be considered to have passed the course, that person must have, in accordance with the Estate Agents (Education) Regulations 2004:
- Within the five years immediately preceding the date of starting work as an agent's representative, completed the Course in Real Estate for Agents Representatives or another prescribed course: or
- Completed a prescribed course at any time and within the ten years immediately preceding the date of starting work, held an estate agents licence, sub-agents licence or previously worked as an agent's representative.
- A police certificate which is no older than six months old; or a copy of a police certificate which is more than six months old accompanied by a statutory declaration from the proposed agent's representative that they have not been found guilty of a disqualifying criminal offence. An agent's representative who has provided a police certificate to the estate agent employer that is older than six months old and accompanied by a statutory declaration must provide the agent with a new police certificate within six weeks of commencing employment. Failure to do so renders the agents representative ineligible to continue to be employed.
- Take any other reasonable steps to ensure that the person is eligible under section 16 of the Act including ensuring that the person:
- is not insolvent.
- not be a represented person under the Guardianship and Administration Act 1986;
- not be presented subject to a declararion by the Victorian Civil and Administrative Tribunal that you are ineligible to act as an agent's representative;
- not be the subject of any order by any regulatory body disqualifying them as acting as an agent's representative. This can be done by the agent's representative completing the 'Declaration of Eligibility to be Employed as an Agent's Representative' form .
A Consent to Check and Release National Police Record form for obtaining a police record report from Victoria Police.
If you are unsure of the eligibility of a person you are proposing to employ, you should seek your own legal advice. Please note that it is not a function of the BLA to provide legal advice in relation to such matters but written clarification of a prospective employee status will be considered by it.
Notifying the Authority
You must notify the BLA of the employment or cessation of an agent's representative within seven days of the employment or ceasation of an agent's representative. This can be done via our online service or alternatively you may download and complete a 'Notice of Employment' form and send it to the BLA.
Penalties
If you employ an ineligible person to act as an agent's representative you are liable to a fine of 500 penalty units.
Some people need to obtain permission from the Business Licensing Authority before being employed as an agent's representative. This includes people who:
- Have been convicted or found guilty of any criminal offence involving fraud, dishonesty, drug trafficking or violence in the last ten years, which is punishable by a prison sentence of up to three months.
For example, if it was proven in court that a person had committed an above mentioned offence even though that person did not go to prison and was only fined or placed on a good behaviour bond, if it was able to be punished by three months imprisonment or more, the person would be ineligible to be employed as an agents representative. - Are insolvent under administration, or;
- Have been the cause of a successful claim against the Victorian Property Fund.
The following courses are prescribed to meet the educational requirement for eligibility to be employed as an agent's representative.
- Course in Property (Agents' Representatives)
- Course in Real Estate for Agents' Representatives
- Course in Sub-Agency Practice
- Sub-Agents' Preliminary Education Course
- The 6 prescribed modules of the Certificate in Real Estate Operations; modules (101, 211, 221, 311, 321, 322)
- Certificate IV in Property (Real Estate Agency Practice)
- Certificate IV in Business (Estate Agency Practice)
- Bachelor of Business Property (Agency & Marketing stream)
- Advanced Certificate in Estate Agency
- Advanced Certificate in Real Estate
- Certificate in Business Studies (Real Estate)
- Estate Agency Certificate
- The 16 prescribed units of the Certificate of Business Studies (Real Estate) started before 1 January 1987
Enquiries regarding the admission to the course should be directed to the course co-ordinator at the TAFE Institute at which you wish to study. Entry to the course is prioritised to applicants who have the promise of employment in Real Estate as an agent's representative. Any person who has been promised employment as an agent's representative must provide the course co-ordinator at the relevant institute with a completed Application for admission to the Course by and Employer on behalf of a Prospective Agent's Representative. This form must be completed and signed by an estate agent employer and is available from TAFE Institutes.
The course is also available through TAFE Institutes throughout Victoria in a variety of study modes including full-time, part-time, correspondence and flexi-mode (a combination of part-time and correspondence study). A timetable of courses being offered by TAFE is published at www. consumer.vic.gov.au
Becoming an agent's representative
If you are wanting to become an agent's representative, more information can be obtained here.
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Last Updated: 08/07/2008