Real estate agent advertising laws NSW

Guidelines for media advertising 

If you publish advertisements from real estate agents, you must follow certain obligations under the law. The Property and Stock Agents Act 2002 and Australian Consumer Law (ACL) apply to both print and online advertising.

Real estate agents advertising must follow certain obligations under the:

• Property and Stock Agents Act 2002
• ACL.

Information that real estate advertising must include

Check that advertisements include:

• name of licence holder (individual, corporation, registered business name or name of partnership)
• disclosure of a licensed agent’s ownership or relevant interest of an advertised property.

A real estate agent must not disclose confidential information

A real estate agent must not use or disclose any confidential information, unless:

• the client or customer has authorised disclosure, or
• the law permits or compels the agent disclose.

The advertised selling price must not be misleading

Your advertisement should not be misleading. It’s an offence to make a statement while marketing a residential property about an estimated selling price that is less than the true estimate. It’s considered to be a false representation for real estate agents to advertise properties at prices lower than their true estimate.

Real estate agent advertisements must not make false or misleading representations

Advertisements should not make statements or representations that are:

• untrue, or
• likely to mislead or deceive.

An agent must not solicit clients or customers through advertisements or other communications that are:

• false, or
• misleading.

Agents should not seek to persuade clients using any statement, representation or promise that is false, misleading or deceptive, or by the concealment of a material fact.

Agents must not advertise a property being in a particular suburb unless it is in that location.