Are You Eligible to Hold a Real Estate Licence in Victoria?

In Victoria, holding a real estate licence or working as an agent’s representative comes with strict compliance obligations. Many professionals assume that once they obtain their licence, they are set for life. However, certain legal, financial, or regulatory issues can make you ineligible to continue working in the real estate industry.

Whether you are a licensed estate agent or an agent’s representative, it is crucial to understand what may disqualify you from continuing to hold your licence and what steps you may need to take to remain compliant.

What Can Disqualify You from Holding a Licence?

A person may be disqualified from holding a real estate licence or working as an agent’s representative if they have been convicted or found guilty of a disqualifying offence in the last 10 years, including:

• • • Committed fraud or dishonesty-related offences
    • Been convicted of drug trafficking
    • Been involved in crimes of violence

which are punishable by 3 months or more in gaol.

Understanding “Punishable by 3 Months or More in Gaol”

It is important to note that “punishable by 3 months or more in gaol” does not necessarily mean that the individual has served a prison sentence. Even if the sentence was suspended, the conviction may still impact eligibility.

For example, if a person breaches an intervention order and is sentenced to a good behaviour bond with mandatory counselling, this may still be considered a disqualifying offence if the original penalty carried a maximum sentence of 3 months or more in gaol.

How Do Spent Convictions Impact Your Licence?

Some convictions become “spent” after a period of time, meaning they no longer need to be disclosed. However, the Business Licensing Authority (BLA) may still consider spent convictions when assessing a person’s eligibility to hold a real estate licence.

For example, if an individual was convicted of a minor fraud offence 12 years ago, did not serve time in gaol, and has not reoffended, that conviction may now be classified as spent. However, the BLA may still take it into account when determining their eligibility to continue working in the real estate industry.

Other Factors That May Make You Ineligible

A disqualifying offence is not the only factor that may prevent someone from working as a licensed estate agent or agent’s representative. Other factors include:

• • • Being bankrupt or insolvent under administration
    • Having a previous real estate licence cancelled
    • Failing to comply with licensing conditions
    • Having a claim admitted against you from the Victorian Property Fund

These factors may also result in ineligibility or require a person to apply for permission to continue operating in real estate.

What to Do If You Are Affected

If any of the above factors apply to you, you may need to apply for permission from the Business Licensing Authority (BLA) to continue working in real estate. This process is not automatic, and failing to comply with licensing regulations may result in losing your ability to operate in the industry.

How We Can Help

Navigating licensing eligibility and disqualification rules can be complex. If you are unsure whether you meet the requirements or need to apply for permission to continue working in real estate, we can assist you in understanding your obligations and taking the right steps to protect your career.

For expert guidance on real estate licensing and compliance in Victoria, contact us today.