Land
Agents
compliance
The Office of Consumer and Business Affairs
investigates breaches of the Land
Agents Act 1994,
including unlicensed operators.
SUBSTANTIAL PENALTIES MAY BE IMPOSED
Registering
Management
Qualifications
Your Obligations
Business and
Occupational Services
We strongly recommend
that you obtain a copy of
the Land Agents Act and
Land and Business (Sale
and Conveyancing) Act
1994 and Regulations
from:
Service SA Government
Legislation Outlet
Lands Titles Office,
101 Grenfell Street,
Adelaide SA 5000
Telephone 13 23 24
or visit
www.parliament.sa.gov.au
Office of Consumer and
Business Affairs
Business and
Occupational Services
Chesser House
91- 97 Grenfell Street
Adelaide SA 5000
Telephone (08) 8204 9644
Regional Centres
Berri, Mount Gambier,
Naracoorte, Port Augusta,
Port Lincoln, Port Pirie
Telephone 131 882
Translating and
Interpretating Services (TIS)
Telephone 131 450
www.ocba.sa.gov.au
October 2010
www.ocba.sa.gov.au
The main reason for registering land agents is to
provide consumer protection. The Commissioner for
Consumer Affairs administers the Land Agents Act
1994. The legislation sets out minimum entry standards
and promotes professional and ethical work practices in
the real estate industry.
Land Agents Must be Registered
Any natural person or body corporate who carries on business,
or who holds himself or herself out as a land agent, must be
registered under the Land Agents Act 1994. If a business operates
as a partnership then each partner must hold a registration.
Are You Considered a Land Agent?
You are considered to be acting as a land agent if you carry on a
business that involves:
selling, purchasing, or otherwise dealing with land or businesses
on behalf of others; OR
conducting negotiations for the sale or purchase of land or
businesses on behalf of others; OR
selling land or businesses on your own behalf; OR
conducting negotiations for the sale of land or businesses on
your own behalf.
Registration not Required
You are not required to hold registration as a land agent if you are:
conducting negotiations or dealing with land or businesses in the
course of practice as a legal practitioner
selling land or businesses, or conducting negotiations through
the instrumentality of an agent, or
solely engaged in mortgage financing.
Penalties
If you trade as a land agent without holding a registration and
you are convicted by the courts you may be liable for a penalty of
up to $20,000. Additionally, you will not be able to recover
commissions or other earnings obtained by conducting your
unregistered land agent’s business.
If you are in any doubt about how the Act affects you, you should
seek independent legal advice.
Entitlement to be Registered
Management of a Company
You are entitled to hold a registration if you:
In the case of the registered agent being a company,
the Act requires the business to be properly managed
and supervised by a natural person who is registered as
a land agent.
hold the approved qualifications
are a fit and proper person to be registered as an agent
have not been suspended or disqualified from carrying on an
occupation, trade or business
are not an undischarged bankrupt or subject to a composition,
deed or scheme of arrangement with or for the benefit of
creditors
have not been, in the last five years, a director of a company
wound up for the benefit of creditors, and
have not been convicted of an indictable offence of dishonesty
or, in the last ten years preceding your application, not been
convicted of a summary offence of dishonesty.
Your company is entitled to hold a registration if:
it has not been suspended or disqualified from carrying on an
occupation, trade or business
it is not being wound up and is not under official
management or receivership
each director is a fit and proper person to be the director of a
company that is registered as an agent
each director has not been, in the last five years, a director of
a company wound up for the benefit of creditors
each director has not been suspended or disqualified from
carrying on an occupation, trade or business, and
each director has not been convicted of an indictable offence
of dishonesty or, in the last ten years preceding the
application has not been convicted of a summary offence
of dishonesty.
If the Commissioner refuses your registration you can appeal to
the District Court within one month from the date of refusal.
Qualifications
To be registered as a land agent you must hold the
qualifications specified in the Regulations of the Land
Agents Act 1994 or as approved by the Commissioner.
If you do not hold the required qualifications but believe your
qualifications and/or experience are equivalent or
comparable to having such credentials, you should contact
our office for further advice. A list of qualifications is
available from our website.
Obtaining a Registration
You can apply for a new registration by answering a series
of questions orally, either over the telephone or in person at
our Grenfell St office. We will complete the application form
for you using our computer-based system and an application
form with your answers will be produced for you to check
and sign. You will need to lodge with your application the
specified fees and supporting documents. Our office will
then assess your application to determine if you have met all
the necessary criteria.
Land Sales Representatives
If you act as a sales representative for a registered land
agent you must be registered. Sales representatives may be
involved in the sale of land or businesses, and this includes
the lease or letting of land. If you are only involved in the
leasing of land that is not to be used for the purposes of a
business, you do not need to be registered as a sales
representative.
If you are registered as a land agent, you may act as a sales
representative for another agent without needing separate
registration as a sales representative.
Registration Fees
Some of Your Obligations
A schedule of fees is included with the application form.
You must comply with all the requirements of the Land Agents
Act and Regulations and must ensure that all the provisions of the
Land and Business (Sale and Conveyancing) Act 1994 and
Regulations (and related real property legislation) are complied
with for each transaction you carry out. Land agents who operate
trust accounts must comply with all requirements specified in the
Land Agents Regulations 2010, including the lodgement of an audit
statement with the Commissioner each year.
To maintain the currency of your registration, you must pay
a registration fee each year and provide the Commissioner
with certain information. If you fail to do so, a penalty may
be imposed and the registration cancelled.
In the case of a partnership, all partners are required to be
licensed and to pay the relevant fees.
Registration Certificate
You must notify the Commissioner in writing (within 14 days)
of changes to your personal or business details (e.g. address,
directorship, business name, partnerships, etc.).
As a registered land agent, you will receive a registration
certificate, which you can display at your business premises.
Mutual Recognition
Trust Accounts & Agents Indemnity Fund
As a registered land agent you are required to deposit
monies from your clients into a trust account in accordance
with the rules set down under the Land Agents Regulations
2010. Interest from trust accounts is deposited into the
Agents Indemnity Fund, which provides compensation
should a land agent default. The Commissioner administers
this Fund.
Disciplinary Action
Land Agents (and Sales Representatives) can be disciplined
under the Act. The forum for disciplinary action is the
Administrative and Disciplinary Division of the District Court
and any person, including the Commissioner, may lodge a
If you want to carry on business in South Australia as a land
agent and hold a current interstate/New Zealand registration in
an equivalent occupation, you may be able to apply for mutual
recognition in this State. For more details, please contact this office.
Mutual recognition only applies to individuals and not companies.
Business Name
Under the Land Agents Act 1994, you must not carry on business
as a land agent under any name except the agent's authorised
name. The authorised name means either the name
of the land agent as it appears in the licence, or a business name
registered by the land agent under the Business Names Act 1996.
The Commissioner must also be advised in writing of your
business name before you commence business.
complaint to the Court alleging grounds for disciplinary
action to be commenced. The types of causes that may
constitute this type of action are set out in the Act.
The information provided in this brochure is of a general nature only and should not be regarded as a substitute for professional advice and/or
reference to the appropriate legislation.