Western Australian Legislation
Western Australia Real Estate and Business Agents Act 1978 Real Estate and Business Agents and Sales Representatives Code of Conduct 2016 Western Australia Real Estate and Business Agents and Sales Representatives Code of Conduct 2016 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 4. Code applies to all agents and sales representatives 2 Part 2 — General duties 5. Acting in best interests of client 3 6. Duty of care, diligence and skill 3 7. Duty of honesty 3 8. Disclosure where related to vendor 3 9. Confidential information 3 10. Client's instructions 4 11. Misleading or deceptive conduct 4 12. Unconscionable conduct 4 13. Fiduciary obligations 4 Part 3 — Employees 14. Supervision and control of employees 5 Part 4 — Conflict of interest 15. Acting for multiple clients in same transaction 6 16. Referrals and recommendations 6 Part 5 — Appointment and payment of fees 17. Appointment to act 8 18. Restriction on discounts and rebates 8 19. Further restriction on reward for service 8 20. Claiming expenses from client 9 Part 6 — Specific duties of agents and sales representatives 21. Terms used 10 22. Certain inducements prohibited 10 23. Advertising 10 24. Material facts 11 25. Client identification verification 11 26. Duties regarding opinion of market price 12 27. Communicating offers to client 12 Part 7 — Repeal and transitional 28. Code of Conduct for Agents and Sales Representatives 2011 repealed 13 29. Transitional 13 Notes Compilation table 14 Defined terms Real Estate and Business Agents Act 1978 Real Estate and Business Agents and Sales Representatives Code of Conduct 2016
Part 1 — Preliminary
1. Citation This code is the Real Estate and Business Agents and Sales Representatives Code of Conduct 2016.
2. Commencement This code comes into operation as follows — (a) rules 1 and 2 — on the day on which this code is published in the Gazette; (b) the rest of the code — on the day after that day.
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