There are various offences and breaches under the Estate Agents Act which estate agents and salespersons should be aware of.
The offences and breaches and their corresponding maximum penalties are provided in the tables below.
Offences under Estate Agents Act
| Section | Offence | Maximum Penalty |
|---|---|---|
| 28(2) | Estate agent operating without licence | Fine not exceeding $75,000 or to imprisonment for a term not exceeding 3 years or to both and in the case of a continuing offence, to a further fine not exceeding $7,500 for every day or part thereof during which the offence continues after conviction |
| 29(3) | Salesperson operating without registration | Fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both |
| 33(6) | Submitting false documents or makes a statement which is false or misleading in any material particular in any application for grant or renewal of a licence | Fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both |
| 34(7) | Submitting false documents or makes a statement which is false or misleading in any material particular in any application for registration or renewal of registration | Fine not exceeding $50,000 or to imprisonment for a term not exceeding 3 years or to both |
| 37(6) | Failure to notify Council of change in address within 14 days of cesser | Fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction |
| 39(2) | Estate agent appointing, associating with, employing or continuing to employ as a salesperson any person who for the time being is not a registered salesperson | Fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both and in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part thereof during which the offence continues after conviction for each salesperson |
| 40(3) | Salesperson making false representation to the effect that the salesperson is employed by or authorised to act as a salesperson for any specified estate agent | Fine not exceeding $5,000 |
| 41(3) | Salesperson operating without written agreement with estate agent | Fine not exceeding $25,000 or to imprisonment for a term not exceeding 12 months or to both and in the case of a continuing offence, to a further fine not exceeding $2,500 for every day or part thereof during which the offence continues after conviction |
| 43(6) | Failure to give notice of certain events | Fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction |
| 64(1)(a) | Making false statements or intentionally suppresses any material fact in relation to any application under this Act | Fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both |
| 64(1)(b) | Neglecting or refusing to produce any book, document, material or article or any machine or equipment or to furnish any information, neglecting or refusing to attend before an inspector or officer of the Council as required, furnishing any book, document, material or information which is false in material particular or intentional suppression of any material fact, furnishing information which is misleading under section 46, 47 or 48 | Fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both |
| 64(1)(c) | Obstructing or impeding the Council, any officer of the Council or any inspector lawfully carrying out any function or duty in the exercise of any power conferred by or under this Act | Fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both |
| 64(1)(d) | Without reasonable excuse refuses or neglects to attend a hearing of the Disciplinary Committee or Appeals Board or refuses to answer any questions put to him by or with the concurrence of the Disciplinary Committee or Appeals Board, or hinders, obstructs or deceives the Disciplinary Committee or Appeals Board | Fine not exceeding $50,000 or to imprisonment for a term not exceeding 24 months or to both |
| 65(4) | Failing to comply with any requisition issued by the Council | Fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction |
| 65(5) | In compliance or purported compliance with any requisition, furnishing the Council with any information or document which he knows is false or misleading | Fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both and in the case of a continuing offence, to a further fine not exceeding $1,000 for every day or part thereof during which the offence continues after conviction |
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