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Agents' Representative

An agent's representative is an employee of a licensed estate agent who performs any of an estate agent's functions, for example a sales person or property manager, under the authority of that estate agent. While an agents representative may be a sales person or a property manager, they cannot operate a real estate business

Not everyone is eligible to work in Victoria as an agent’s representative.

Eligibility 

To be eligible to work as an agents representative you must:

• be at least 18 years old
• have passed the three units of competency (CPPDSM4080A- Work in the real estate industry, CPPDSM4008A - Identify legal and ethical requirements of property sales to complete agency work and CPPDSM4007A - Identify legal and ethical requirements of property management to complete agency work) or any other prescribed Victorian equivalent course. In order for you to be eligible and to be considered to have passed the course, you must have, in accordance with the Estate Agents (Education) Regulations 2008:
  • within the five years immediately preceding the date of starting work as an agent's representative, completed the  three units of competency prescribed for agent's 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, or previously worked as an agent's representative.

• have not, within the last 10 years, been convicted or found guilty of any offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for 3 months or more (whether or not a sentence of imprisonment was imposed)
• not be an insolvent under administration
• not be subject of a claim allowed against he Victorian Property Fund or against a corresponding fund
• not be a represented person under the Guardianship and Administration Act 1986
• not currently subject to a declaration by the Victorian Civil and Administrative Tribunal of ineligibility to act as an agent's representative
• not be the subject of an order by any regulatory body disqualifying you from acting as an agent's representative. T

Permission for Agent’s Representatives

You need to apply for permission to work as an agent’s representative or continue to work as an agent’s representative if:

• within the last 10 years, you have been convicted or found guilty of any offence involving fraud, dishonesty, drug trafficking or violence which is punishable by imprisonment for 3 months or more (whether or not a sentence of imprisonment was imposed)
• you are an insolvent under administration
• a claim has been admitted against the you on the Victorian Property Fund or against a corresponding fund.

A person who is employed as an agent's representative and becomes ineligible to be employed may continue to be employed as an agent's representative if he or she applies for permission to continue to be employed within 30 days of becoming ineligible.

To apply for permission, you need to complete an 'Estate Agents Permission Application Form' which can be found in the 'Application Forms' page .

Employer and Employee responsibilities

If you want to employ an agents representative you need to ensure they are eligible, this includes ensuring they are at least 18 years old.

You must also sight and retain a copy on your estate agency's business files of:

• a Statement of Attainment stating that the person has the required education qualifications, as outlined above
• a police check which is not more than six months old or 
• a police check which is more than six months old accompanied by a statutory declaration from the proposed agent's representative that he or she has not been found guilty of a disqualifying criminal offence and must provide the estate agent with a new police check within six weeks of commencing employment. Failure to do so, renders the agents representative ineligible to continue to be employed. A form for obtaining a Police Records Check is available from the Victoria Police Website.
• a Declaration of Eligibility to be Employed as an Agents Representative form completed by the agent's representative.

An agents representative who is employed by an estate agency business to perform the functions of an estate agent must obtain written authority from their employer, by completing the Authority to Perform the Duties of an Estate Agent form. The agents representative keeps the original of the form and the employer keeps a copy for their files.

Within 7 days of an agent's representative commencing you must let us know. You can do this online, or by completing and returning a Notice of Employment Form.

Penalties

If you employ an agent's representative who is ineligible, or you fail to sight an appropriate police records check, then you may find yourself the subject of disciplinary action by Consumer Affairs Victoria.

If you are unsure of the eligibility of a person you are proposing to employ, you should seek your own independent legal advice.

Please note the BLA does not provide legal advice in relation to such matters but written clarification of a prospective employee status will be considered by it.