Upcoming Payroll Compliance Changes for Real Estate Businesses: What You Need to Know

Staying compliant with evolving employment legislation is a critical responsibility for real estate business owners and managers. As we approach the new financial year, several important payroll updates are essential for real estate employers to be aware of, ensuring continued compliance and avoiding potential legal or financial risks.

This article outlines two significant changes that will impact payroll processing:

1 – The release of updated pay guides for the Real Estate Industry Award and the Clerks (Private Sector) Award

2 – Key superannuation changes taking effect from 1 July 2025

 

1 – Updated Award Pay Guides Now Available

The Fair Work Commission has recently released updated pay guides for the Real Estate Industry Award and the Clerks (Private Sector) Award. These guides are essential tools for employers, detailing the minimum pay rates, allowances, and penalty entitlements based on employee classification and level of experience.

Why this matters:
Accurate payroll processing relies on the correct application of award entitlements. Using outdated rates or incorrect classifications can result in wage underpayments, non-compliance issues, and, in some cases, regulatory penalties.

Recommended actions:

• • Download the latest pay guides
  • Review the classifications and rates that apply to each employee
  • Update your payroll systems accordingly
  • Retain copies of the guides for audit and compliance purposes

 

2 – Payroll Changes Effective 1 July 2025

In addition to the award updates, two key changes to superannuation requirements will take effect from 1 July 2025.

a – Increase to Superannuation Guarantee (SG) Rate

The SG rate will increase from 11.5% to 12% of an employee’s ordinary time earnings. This change is part of the federal government’s ongoing plan to increase the SG rate gradually.

Action: Ensure your payroll software is configured to apply the new 12% rate to all eligible employees from 1 July 2025.

b – New Maximum Superannuation Contribution Base

Each financial year, the Australian Government sets a limit on the earnings base upon which SG contributions are required. For the 2025–2026 financial year, the new quarterly cap is $62,500.

This means if an employee earns more than $62,500 in a quarter, SG contributions are only required on the first $62,500 of those earnings.

Action: Confirm your payroll system is programmed to cease SG calculations once an employee’s quarterly earnings exceed the cap.

Final Thoughts

Proactive preparation for these updates is crucial to minimising payroll errors and protecting your business from non-compliance risks. Review your payroll practices now to ensure alignment with the updated award pay guides and superannuation changes.

For real estate businesses, where employment conditions are often complex, seeking expert guidance or conducting a payroll audit may be a valuable step in preparing for the 2025–2026 financial year.

If you need assistance implementing these changes or reviewing your payroll setup, our team at Apex HR is here to help.

Published: May 2025

Victorian property managers should prepare for a significant transformation in how rental disputes are handled, with the upcoming launch of the Rental Dispute Resolution Victoria (RDRV) service. Officially going live in late June 2025, RDRV is set to streamline the resolution of common residential tenancy issues, offering an accessible, efficient, and cost-effective alternative to current processes.

What Is RDRV?

RDRV is a new, no-cost service operating under VCAT, designed to support renters and rental providers in resolving disputes related to:

• • • Excessive rent increases
    • Repairs (both urgent and non-urgent)
    • Bond and/or compensation claims

The service promises less time, stress, and cost by encouraging early and informal resolution of issues. Each application will be case managed by a dedicated resolution coordinator, who serves as the primary point of contact throughout the case. These coordinators will be backed by experienced VCAT Members to ensure robust and fair outcomes.

Key Dates and Transition Timeline

• • From 19 May 2025: All bond and/or compensation applications must be submitted via the new RDRV portal (for those who have not set up as yet – you will be redirected to register from MyVCAT)
  • Late June 2025: Full launch of RDRV, with all new applications—including excessive rent increase and repair disputes—lodged exclusively via the portal.

While RDRV is being rolled out, RT Hub/VCAT Online will continue to operate for a transition period. This allows property managers to continue managing:

• • Non-RDRV case types, and
  • Rent increase notices, which will still be lodged through RT Hub/VCAT Online.

Important Notes for Property Managers

• • Notifications and orders will continue to be sent via email, similar to how they are through RT Hub/VCAT Online.
  • Both RDRV and RT Hub/VCAT Online will operate in parallel until all tenancy application types transition to the new system.
  • Non-RDRV matters will remain in the RT Hub/VCAT Online platform for the foreseeable future.
  • Rent increase notices must still be submitted through RT Hub/VCAT Online in line with existing practices.

Account Setup: What You Need to Know

All property managers will be required to set up a portal account to manage RDRV cases. There are three options for account structures:

1. Individual Account: Suitable for managers who want to manage their own cases and receive individual notifications.
2. Agency-Level Shared Account: Provides a unified view and central communication through a shared email login.
3. Director/Primary-Level Account (Coming Soon): Offers individual case management but centralised visibility and control for agency leaders.

To establish agency-wide visibility, accounts may be linked manually under the same ABN. To initiate this process, email: RDRVsupport@courts.vic.gov.au.

Security and User Access

To meet security best practices, multi-factor authentication (MFA) will be required at every login. While this may take some getting used to, improvements are in development to streamline access over time.

Application Process and Fees

• • Submissions are free unless a matter proceeds to hearing.
  • Fees (if required) must be paid via credit card, as no payment data is stored in the portal.
  • After submission, a resolution coordinator will be assigned and will guide both parties.
  • Supporting evidence should be held until requested by the coordinator, as early resolution is encouraged.

Website Not Yet Live

While the portal will be central to the new system, the official RDRV website is not yet live. It is expected to go live in mid-June 2025, just prior to the full service rollout. Until then, all questions and setup queries can be directed to RDRVsupport@courts.vic.gov.au.

Take Action Now

• • Review which account model best suits your agency’s needs.
  • Prepare all staff for the shift beginning 19 May 2025 for compensation-related disputes.
  • Continue using RT Hub/VCAT Online for non-RDRV matters and rent increase notices.
  • Watch for updates in mid-June regarding the RDRV website launch.

By planning ahead, property managers can make a smooth transition to this improved dispute resolution process and deliver faster, more effective support to both renters and rental providers.

What Real Estate Employers Need to Know This Easter 

Easter is just around the corner, and for many real estate agencies, it’s business as usual—even on the long weekend.

But if you’re operating in Victoria, Queensland, Tasmania or New South Wales and planning to have staff working this Easter Saturday (Easter Saturday is not applicable for Tasmania) or Easter Monday, there’s something important you need to remember:

Easter Saturday is a public holiday in Vic, NSW, and Qld, and Easter Monday applies to all four states (including Tas).

That means different pay rules apply, especially if your employees are covered by the Real Estate Industry Award 2020.

So, what does that mean for your business?

If you’ve rostered someone to work this Easter Saturday or Easter Monday, here’s a quick breakdown of what you must do.

Public Holiday = Penalty Rates

Under the Real Estate Industry Award, any employee working on Easter Saturday is entitled to:

• • • 200% of their minimum hourly rate (that’s double time), and
    • A minimum 3-hour shift, even if they only work 1 or 2 hours.

This applies to all hours worked on the day—not just during “regular” business hours.

What about Time Off in Lieu?

You can offer your employee time off instead of extra pay, but it has to be:

• • • Agreed to in writing before the shift takes place, and
    • Clearly documented (not just a verbal agreement).

This gives your team flexibility, but make sure it’s done properly to stay compliant.

Can an employee say no?

Yes, they can. Employees have the right to reasonably refuse to work on a public holiday—even if they’re rostered.
You need to consider both your business needs and their personal circumstances.

It’s important to respect the decision to decline the shift if the person has a valid reason (e.g., family commitments, personal health).

What should you do now?

• • • Double-check if your team is working this Saturday
    • Confirm whether Easter Saturday is a public holiday in your state (it is if you’re in VIC, QLD or NSW)
    • Confirm whether Easter Saturday is a public holiday in your state (it is if you’re in VIC, QLD, TAS or NSW)
    • Make sure pays are set up correctly or TOIL agreements are in writing
    • Communicate clearly with your team so everyone’s on the same page.

Need Support?

If you’re unsure about how these obligations apply to your workplace or need assistance drafting written agreements or calculating penalty rates, Apex HR is here to help.

We specialise in award interpretation, compliance audits, and HR support tailored to Australia’s real estate industry.

Contact us today to ensure your Easter weekend operations are fully compliant and your people are paid correctly.

CAV launches disciplinary action against veteran agent — are your systems up to scratch?

Consumer Affairs Victoria (CAV) has made it clear: compliance with underquoting laws is non-negotiable, regardless of how long you’ve been in the industry.

This week, CAV’s Underquoting Taskforce launched its first disciplinary proceeding under the Estate Agents Act — targeting Nicholas Skapoulas, a licensed agent with almost three decades in the business, and his agency, Nicholas Scott Real Estate.

The allegations?
CAV is taking them to the Victorian Civil and Administrative Tribunal (VCAT) for alleged breaches of Victoria’s underquoting laws across 11 separate property campaigns.

What Went Wrong?

According to CAV, the following breaches were identified:

• • Issuing Statements of Information (SOIs) with indicative selling prices below the estimates given to the vendor
  • Failing to include required components in the SOI, such as the median selling price and comparable sales data
  • Non-compliance with a statutory notice, where requested information was not provided to taskforce officers

It’s a timely reminder that the Statement of Information is not a formality. It’s a legal document — and it must be accurate, complete, and reflective of the market data you hold.

What’s at Stake?

Disciplinary action of this kind is no slap on the wrist. If the allegations are upheld at VCAT, the consequences could include:

• • Suspension or cancellation of the estate agent’s licence
  • Significant reputational damage for the agency
  • Potential civil penalties if breaches are found under relevant consumer law

So What Does This Mean for Your Agency?

It means the time for reactive compliance is over.
The Underquoting Taskforce has boots on the ground — inspecting auctions and campaigns across Melbourne — and this is just the beginning.

At Apex HR, we work with real estate agents across Victoria who want to:

• • Audit their quoting and documentation practices
  • Ensure their team is adequately trained on the use of Statements of Information
  • Set up internal checks to catch issues before CAV does.

Don’t Wait Until You’re the Headline

This case proves that time in the industry doesn’t protect you from legal consequences.

If you’re unsure whether your processes hold up under scrutiny, now’s the time to act — not when you receive a notice from CAV.

Need a quoting compliance health check?
Book a session or contact us to assess where your risk sits.

Major Reforms to Victoria’s Residential Tenancies Act

 

Victoria’s Residential Tenancies Act 1997 will undergo significant changes in November 2025, introducing reforms designed to improve fairness, safety, and accountability in the rental market.

The Allan Labor Government has passed legislation that:

• • Bans “no-fault” evictions
  • Outlaws rental bidding
  • Extends notice periods for rent increases and notices to vacate
  • Enforces new minimum standards in residential rental properties

The changes will impact how rental properties are advertised, how rental agreements are managed, and the obligations on real estate professionals—ultimately aiming to make renting fairer and more secure for Victorians.

Key Changes Coming in November 2025

📅 Longer Notice Periods

The minimum notice period for rent increases and for issuing a Notice to Vacate will increase from 60 to 90 days, giving renters more time to plan or respond to changes.

🚫 Ban on “No-Cause” Evictions

Residential rental providers will no longer be allowed to end a tenancy without a valid reason. Approved grounds must be cited—such as the sale of property, the provider or a family member moving in, or a renter breach.

💰 Rental Bidding Banned

All rental bidding will be outlawed. Residential rental providers and agents cannot encourage or accept offers above the advertised rental price. All listings must use a fixed price—no price ranges or “offers above”.

📝 Standard Application Form & Privacy Protections

A new government-issued standard rental application form will be introduced. Privacy protections will also be strengthened—agencies and residential rental providers may only collect essential personal information, which must be used lawfully and then securely destroyed or de-identified if not required.

❌ No Rental Application or Payment Fees

It will be illegal to charge renters any fees to apply for a property or to process rent payments. This includes fees charged by rent tech platforms (e.g. surcharges for credit card payments).

🏠 Minimum Standards Before Advertising

Rental properties must meet all minimum standards before they are advertised—not just before a renter moves in. This ensures sub-standard properties are upgraded before they enter the market.

🔥 Mandatory Annual Smoke Alarm Checks

Smoke alarms must now be tested annually in every rental property, closing a gap that left over 240,000 homes without annual checks. These inspections will typically require a qualified technician.

📉 Stronger Oversight of Rent Increases

Consumer Affairs Victoria (CAV) and VCAT will have enhanced powers to review and restrain excessive rent increases. Renters can challenge rent hikes they believe are unreasonable, and the new criteria will help ensure fairness.

🤝 New Dispute Resolution Service – RDRV

The new Rental Dispute Resolution Victoria (RDRV) will be a free, early-intervention service to help resolve disputes between renters and residential rental providers—covering issues like repairs, bonds, and rent increases. Mediated agreements may become legally binding, easing the load on VCAT and providing faster outcomes.

🎓 Licensing & Training for Industry Professionals

The reforms also introduce new licensing and CPD (continued professional development) requirements for real estate agents, property managers, owners’ corporation managers, and conveyancers. The aim is to lift professional standards across the sector.

Victoria’s New Rental Laws: What Real Estate Agents Need to Know

 

The Allan Labor Government has passed significant new rental protection laws that will reshape the way real estate agents, property managers, and rental providers operate in Victoria. These reforms, part of the Consumer and Planning Legislation Amendment (Housing Statement Reform) Bill 2024, aim to enhance renter protections, tighten compliance requirements, and introduce tougher penalties for breaches.

With the changes set to take effect in November 2025, now is the time for agents and agencies to ensure they are fully prepared.

Key Changes in the New Legislation

1. Ban on Rental Bidding

Agents and rental providers will no longer be allowed to solicit or accept rental bids above the advertised price. This change ensures that renters can secure rental properties at a fair market rate without being pressured into offering more than they can afford.

2. Extended Notice Periods

The required notice period for rental increases and notices to vacate has been extended from 60 days to 90 days, giving renters more time to make alternative arrangements and reducing abrupt disruptions to their living situation.

3. No-Ground Evictions Banned

Rental providers will now need a valid reason to terminate a lease agreement. This reform strengthens security for renters, preventing evictions without cause and ensuring more excellent housing stability.

4. Standard Rental Application Form & Privacy Protections

A new standardised rental application form will be introduced, making the leasing process more transparent for both renters and real estate agents. Additionally, agents must ensure they protect renter data and comply with privacy laws when handling, storing, or sharing application information.

5. Ban on Rent-Tech Fees for Renters

Renters can no longer be charged fees for submitting rental applications or paying rent through third-party rent-tech platforms. This eliminates unnecessary financial burdens for renters.

6. Mandatory Agent Registration & Ongoing Training

Real estate agents, property managers, owners corporation (OC) managers, and conveyancers will now be required to register and complete ongoing professional development to maintain their accreditation. This ensures industry professionals remain knowledgeable and compliant with evolving regulations.

7. Tougher Penalties for Compliance Breaches

Fines for non-compliance have increased significantly, with penalties of up to $47,422 now applying for offences such as:

• • Underquoting (advertising a price below the auction reserve or asking price)
  • False or misleading advertising
  • Other breaches of real estate consumer protections

8. Stricter Property Standards & Safety Compliance

• • Properties must now meet minimum rental standards before they are advertised, not just before renters move in.
  • Annual smoke alarm checks will become mandatory for all rental properties to improve safety.
  • Consumer Affairs Victoria (CAV) and VCAT will have enhanced authority to review rental increases and enforce compliance.

What This Means for Real Estate Agents

These reforms represent a major shift in how rental properties are managed and marketed in Victoria. Agencies must act now to:

• • Review internal policies to align with the new laws
  • Educate rental providers on their new obligations
  • Ensure advertising and rental agreements comply with the updated regulations
  • Implement privacy safeguards for handling renter application data
  • Undertake required registration and training to maintain compliance

With these changes coming into effect in November 2025, staying ahead of compliance is essential to avoid penalties and maintain best practices.

For more information on how your agency can prepare for these reforms, feel free to contact us.

 

 

 

Australia’s Foreign Home Buying Ban: What Real Estate Agents Need to Know

The Australian government has announced a proposed two-year ban on foreign investors purchasing established residential dwellings, set to take effect from 1 April 2025 and remain in place until at least 31 March 2027. A review will be conducted before the ban’s expiration to determine whether it should be extended.

This policy aims to tackle housing affordability by restricting foreign investment in existing properties, ensuring more homes remain available for Australian citizens and residents.

Key Takeaways for Real Estate Agents

What’s Changing?

Previously, foreign investors were permitted to purchase established dwellings under limited circumstances, such as for work or study-related relocation. Under the new ban, all foreign investors (including temporary residents and foreign-owned companies) will be prohibited from purchasing established homes unless an exception applies.

Exceptions to the Ban

While the ban is broad, there are a few key exceptions:

• • Investments that increase housing supply – Developments that significantly boost housing availability or support the supply chain may still be approved.
  • Pacific Australia Labour Mobility (PALM) Scheme – Certain purchases related to this scheme will be exempt.
  • Purchases by permanent residents, New Zealand citizens, and spouses – If the property is bought as joint tenants, these buyers will still be permitted to purchase established dwellings.

Importantly, the ban does not apply to:

• • Newly constructed homes
  • Off-the-plan properties
  • Developments that add to the housing supply

What’s Still Unclear?

The announcement did not specify how the ban will affect foreign investors who:

• • Have applied for Foreign Investment Review Board (FIRB) approval before 1 April 2025
  • Have already been granted FIRB approval or an exemption certificate
  • Have entered into a contract relying on FIRB approval
  • Are settling a purchase for an established dwelling before the ban takes effect

It is likely that those with existing FIRB approvals will be able to proceed with their purchases, but further clarification is needed.

Increased Compliance & Crackdown on Land Banking

Beyond the foreign home buying ban, the government is cracking down on land banking – a practice where foreign investors purchase land but fail to develop it within the required timeframe. This move aims to ensure foreign investment contributes to housing availability rather than restricting it.

To enforce compliance, the government is committing $8.9 million to the ATO and Treasury over the next four years, with an additional $1.9 million from 2029, to implement an audit program targeting non-compliance.

Implications for Real Estate Agents

• • Educate Your Clients – Foreign buyers must be aware of the ban and the limited exceptions. Agents should provide guidance on alternative investment options, such as new developments.
  • Adjust Your Sales Strategy – The market may shift towards off-the-plan and new dwelling purchases. Understanding FIRB exemptions will be critical.
  • Stay Compliant – Agents must ensure that all foreign investment transactions adhere to the new regulations. Misrepresentation of a buyer’s status could result in legal consequences.

Warning: Avoid Circumventing the Ban

Some Australian citizens or permanent residents may consider purchasing property on behalf of foreign family members to bypass the restrictions. However, most states and territories require purchasers to declare whether they are acquiring property for themselves or on trust for another person. Providing false information could lead to serious legal consequences.

Final Thoughts

This ban represents a major shift in Australia’s housing market policy. For real estate professionals, staying informed, educating clients, and adapting to the evolving landscape will be key to successfully navigating these changes.

Have questions about how this impacts your real estate business? Let’s discuss it!

 

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.

 

Understanding the New Privacy Law Changes in Real Estate

Privacy compliance is no longer just a best practice—it’s now a critical legal requirement for real estate agencies. With new privacy law changes now in effect, agencies must act swiftly to ensure their operations align with the latest legal obligations.

From hefty penalties to greater transparency around AI and data handling, these updates mean real estate businesses must step up their privacy game. Here’s what you need to know and how to ensure your agency stays compliant.

Higher Penalties – Up to $660,000 for Privacy Breaches

Privacy breaches now come with serious financial consequences. The updated laws introduce significantly higher fines, with maximum penalties reaching $660,000 for non-compliance.

What does this mean for real estate agencies?

• Failure to secure personal information (tenant, buyer, or vendor data) could lead to fines.
• Lack of transparency in data handling could result in enforcement actions.
• Inadequate cybersecurity could expose the agency to both legal and financial risk.

If your agency hasn’t reviewed and updated its privacy policies and data security measures, now is the time.

Individuals Can Now Take Legal Action Over Privacy Violations

For the first time, from 10 June 2025 individuals in Australia now have a statutory right to sue if their privacy is seriously invaded.

This means:

• Tenants can take legal action if their personal data is misused.
• Vendors can challenge the way their information is handled.
• Employees can file claims over workplace privacy breaches.

Agencies must have clear privacy policies and procedures in place to mitigate this risk. Any failure to protect personal data could now result in lawsuits and significant legal costs.

AI & Automation – New Transparency Rules

Many real estate agencies rely on AI-driven tools to assist in decision-making, from tenant application approvals to lead generation and prospecting.

Under the new regulations, agencies must clearly disclose:

• What personal data is used in automated decision-making (ADM).
• Which decisions are made entirely by AI, such as auto-approving tenancy applications.
• Which decisions AI influences, even if a human is involved, such as AI-driven property prospecting tools or resume screening for hiring.

This means agencies can no longer use AI behind the scenes without informing clients. If AI tools are part of the business model, they must be explicitly disclosed in the privacy policy which must be in full effect before 10 December 2026.

Offshore Data Sharing – New Compliance Rules

If your agency outsources work to offshore virtual assistants, uses cloud-based software, or stores client data overseas, you must comply with new rules regarding cross-border data flow.

Here’s what has changed:

• If the receiving country has privacy laws similar to Australia’s, compliance obligations may be reduced.
• If the receiving country does not meet Australian privacy standards, the agency remains fully responsible for protecting the data.

Agencies must conduct due diligence to ensure offshore providers comply with Australian privacy laws—or risk exposure to regulatory penalties and legal claims.

Stronger Data Security Requirements

The updated privacy laws clarify that agencies must take “reasonable steps” to protect personal information.

This includes:

• Cybersecurity measures such as strong encryption, firewalls, and multi-factor authentication.
• Organisational security, including assigning clear roles for privacy compliance and governance.
• Employee training to ensure all staff understand their obligations around data protection.
• Regular audits to review how personal data is collected, stored, and accessed.

Data security is now a core legal responsibility. Agencies must have a structured approach to privacy management or risk major compliance failures.

What Your Agency Needs to Do Right Now

• Review & update your privacy policy – Make sure it aligns with the new rules.
• Assess AI & automation tools – Clearly disclose how they influence decisions.
• Check offshore service providers – Ensure they meet Australian privacy standards.
• Educate your team – Make privacy compliance a company-wide responsibility.
• Conduct a privacy audit – Identify gaps and risks before they become costly mistakes.

Need expert guidance? Apex HR can help your agency navigate these privacy changes.

Get in touch today to ensure your business stays compliant, protected, and ahead of the curve.

Contact Apex HR today for a privacy compliance assessment tailored to your agency.

 

 

5 Common Compliance Pitfalls in Real Estate Operations and How to Avoid Them

In Victoria’s fast-paced real estate market, compliance is more than just a legal requirement—it’s the backbone of a reputable and successful business. Yet, many real estate agencies find themselves entangled in regulatory issues that could have been easily avoided. Whether it’s a Consumer Affairs Victoria audit, a hefty fine, or reputational damage, non-compliance can have significant consequences.

To help agencies navigate the landscape, here are five common compliance pitfalls and practical steps to stay ahead of the curve.

1. Advertising Non-Compliance

One of the most common compliance breaches in real estate stems from advertising. Misleading property descriptions, price misrepresentation, and incomplete disclosures can all land agencies in hot water.

How to Avoid It:

• • •  Ensure all advertising aligns with the price quoting laws in the Estate Agents Act 1980.
    • Be transparent with pricing and avoid misleading terms like ‘Offers From’ where it’s not permitted.
    • Train staff regularly on advertising guidelines to prevent accidental breaches.

2. Mishandling Trust Accounts

Mismanagement of trust accounts can be a serious offence, leading to investigations, penalties, and in extreme cases, license suspension. Common issues include failing to reconcile accounts monthly, misappropriating funds, and not keeping proper records.

How to Avoid It:

• • • Conduct regular internal audits and ensure monthly reconciliations are completed on time. Aim for daily or weekly reconciliations to identify and address any errors sooner.
    • Implement robust record-keeping practices and have a dedicated trust account administrator.
    • Implement a mandatory dual authorisation process for any trust account disbursements.
    • Stay updated on trust account regulations and conduct compliance training for all staff handling these transactions.

3. Breaching Privacy Laws

Real estate agencies handle sensitive personal information daily, from client contact details to financial documents. Any misuse, unauthorised sharing, or data breaches can lead to serious consequences under the Privacy Act 1988.

How to Avoid It:

• • • Store all client data securely and limit access to authorised personnel only.
    • Obtain clear consent before sharing or using client data for marketing or other purposes.
    • Educate staff on privacy laws and ensure compliance with data security best practices.

4. Failing to Provide Proper Disclosure

Transparency is key in real estate transactions. Whether it’s failing to disclose material facts about a property, conflicts of interest, or hidden commission entitlements, non-disclosure can lead to legal repercussions and loss of client trust.

How to Avoid It:

• • • Ensure full disclosure of all material facts, including known property defects, zoning restrictions, or previous disputes.
    • Clearly outline commission entitlements and potential conflicts of interest in writing.
    • Train agents to proactively communicate all relevant information to clients.

5. Inadequate Staff Training & Compliance Culture

Compliance is not just the responsibility of one person or department—it should be embedded into the company culture. A lack of training often results in unintentional breaches, with employees unaware of their legal obligations.

How to Avoid It:

• • • Provide ongoing compliance training for all staff, from property managers to sales agents.
    • Develop internal compliance checklists and conduct regular team reviews.
    • Appoint a compliance officer or engage external consultants to keep the agency up to date with regulatory changes.

Final Thoughts

Prevention is always better than cure. A proactive approach to compliance not only safeguards agencies from financial penalties but also enhances their reputation and client trust. With regulations constantly evolving, staying informed and implementing best practices is crucial for long-term success.
By addressing these common pitfalls and embedding compliance into everyday operations, agencies can mitigate risk and operate with confidence.

Want to ensure your agency remains compliant? Reach out to discuss tailored training and compliance solutions!