2 guilty of misconduct2 must make a report to the Authority. 7.3 A licensee must not use, or threaten to use, the complaints or disciplinary process for an improper purpose. 7.4 If a licensee learns that a person is committing an offence by undertaking real estate agency work without a licence, the licensee must immediately report the matter to the Authority. 8 Duties and obligations of agents Promoting awareness of rules 8.1 An agent who is operating as a business must display these rules prominently in the public area of each office or branch, and provide access to them on every website maintained by the agent for the purposes of the business. 8.2 A licensee must make these rules available to any person on request. Supervision and management of salespersons 8.3 An agent who is operating as a business must ensure that all salespersons employed or engaged by the agent are properly supervised and managed.3 Ensuring knowledge of regulatory framework and promoting continuing education 8.4 An agent who is operating as a business must ensure that all licensees employed or engaged by the agent have a sound knowledge of the Act, regulations, rules issued by the Authority (including these rules), and other legislation relevant to real estate agency work. 8.5 An agent who is operating as a business must ensure that licensees employed or engaged by the agent are aware of and have the opportunity to undertake any continuing education required by the Authority. 9 Client and customer care General 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). 2 Misconduct is defined in the Act: see section 73. 3 The Act defines what is meant by a salesperson being properly supervised and managed by an agent or a branch manager for the purposes of section 50 of the Act: see section 50(2).
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