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Case Study 2

The Board receives a complaints from an agent that some agents employ people and keep them under internal training for few months without applying for certificate of approval from the Board, and within this period they allow them to work as salesperson and get listing for them.

Section 41 of Real Estate Agents Act 2006, states” A person who:

  • being a licensed real estate agent, engages or employs as a salesperson in his or her business as a real estate agent any person in respect of whom a certificate of approval issued under section 42 is not then in force; or

  • not being the holder of a certificate of approval then in force, acts as a salesperson on behalf of a licensed real estate agent; or

  • acts as a salesperson for more than one licensed real estate agent in any case where the agents are not partners of one another in the business in which that person is engaged or employed as a salesperson,

commits an offence’’.

Therefore, any agent who allows anyone to work as a salesperson, without first obtaining a certificate of approval from the Board, commits an offence and section 82 gives the general provisions relating to the offences.

This is a serious breach of the act, by Real Estate Agents, which has occurred in recent times, therefore the Board would like to issue this notice as a strong final warning to all the agents to stop this practice immediately.

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