When do your staff need a Certificate of Registration…or not

Something that has caused a great deal of confusion amongst agents in the last two years has been who in our offices do and who do not require an Assistant Agents Certificate and subsequently a licence.

NSW Fair Trading have provided some insight on their website to assist in working out where we each sit.

“There are a range of different roles within an agency business that may not require a licence or certificate of registration under the Property and Stock Agents Act 2002 (the Act).

For example, a person who does purely administrative work that supports the work of a licensed agent or certificate holder is unlikely to require a licence or certificate under the Act.

However, the law does not specifically mention all of these functions as it is primarily concerned with the functions that are regulated under the Act.”

The examples provided by NSW Fair Trading allow for some clarification to agents as follows:

1. An agent who hires someone to provide administrative support or to work as a receptionist completing tasks such as:

• • sending work orders to contractors and
  • providing details of tenants/owners to engaged contractors to assist the agency manage its portfolio.

The employees do not need to hold a certificate of registration or licence to do these tasks, However, authorisation to carry out a work order must be provided by a licence or certificate of registration holder.

2. A receptionist in an agency who completes the following tasks

• • responding to customer enquiries,
  • issuing keys or access devices to tenants who are already under a residential tenancy agreement,
  • receipting rent money from existing tenants under the instructions of the property manager and
  • co-ordinating appointments for agents.

also does not require an Assistant Agent’s Certificate or licence.

NSW Fair Trading also provide that a receptionist or staff member can assist with setting up at an open home without requiring an Assistant Agents Certificate or License, however they must not engage in the work of the agent at the open home. As such they should not be providing advice to potential purchasers or the vendors and should not be doing anything that could be considered inducing a person to purchase the property. They should be there for logistical support only.

At the point that someone is considered to be undertaking the role of the agent, inducing a person to buy or rent a property, they should immediately complete their Certificate of Registration training course and then apply for their Assistant Agents authority through NSW Fair Trading, and follow the steps to ultimately obtaining their licence.