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The Queensland Government is now in caretaker mode until after the state election. Minimal updates will be made to this site until after the election results are declared.

Property industry breaches and penalties

Unlicensed work

Unlicensed property agent work is against the law.

Offence Maximum penalty

Working without a licence or registration

$25,230 or 2 years imprisonment

Employing a person who in unlicensed and unregistered

$25,230

Selling, hiring or lending out a licence or registration

$25,230 or 2 years imprisonment

Dealing with licences

Serious offences

We will cancel your licence if you’re convicted of:

  • violent offences (including threats to use violence)
  • fraud or dishonesty offences
  • drug trafficking
  • extortion
  • arson
  • unlawful stalking
  • an offence of a sexual nature.

You will have 14 days to return your licence to us. The maximum fine for failing to do so is $12,615.

Change of details

You must advise us in writing within 14 days about any changes to:

  • personal details
  • any aspect of your licence.

The maximum fine for failing to do so is $12,615.

Produce licence on request

Offence Maximum penalty

Failing to show a licence or certificate of registration to an inspector

$25,230

Failing to show a copy of a licence or certificate of registration to a potential buyer, client or other party after they ask to see it

$12,615

Substitute licensee

You must follow the rules when appointing a substitute licensee. If you do not, you risk being fined.

Offence Maximum penalty

Not having the consent and evidence of appointment at the office

$12,615

Not lodging extension of appointment substitute licence for more than 30 days

$25,230

Acting as licensee while you have a substitute appointed

$25,230

Person in charge

Offence Maximum penalty

Not having a licensee or registered salesperson in charge of place of business

$25,230 (individual)
$12,615 (corporation)

Having a real estate salesperson in charge of a place of business if their conditions or registration prohibit this

$25,230 (individual)
$12,615 (corporation)

Documentation

You must make sure that you:

  • complete all of your documents correctly
  • give copies to consumers when the law says you need to.

Appointment

Offence Maximum penalty

Acting for a client without a written appointment to act

$25,230

Not giving a copy of the appointment to act

$25,230

Acting for more than 1 party to a transaction

$25,230

Not explaining the relevant details of a sole or exclusive agency appointment

$25,230

Supply of documents

Offence Maximum penalty

Failing to include the warning statement in the required section of a sale contract

$25,230

Disclosure

Offence Maximum penalty

Non-disclosure of benefit to buyer

$25,230

Not disclosing a beneficial interest to a seller

$25,230 or 3 years imprisonment

Charging a buyer’s premium on goods connected to a real property without getting the consent of the owner and/or not disclosing a buyer's premium is payable on goods

$25,230

Commission

Offence Maximum penalty

Claiming commission worked out on an amount more than the actual sale price

$25,230

Retaining or suing for commission when not entitled (for example, not licensed or not authorised to act)

$25,230

Trust account offences

It is in an offence to steal or misuse trust monies. You risk a fine and imprisonment if you break the law.

Trust money

Offence Maximum penalty

Wrongful conversion and false accounts

$12,615 or 5 years imprisonment

Unauthorised use of trust account

$25,230 or 2 years imprisonment

Trust monies are not banked immediately (to trust account)

$25,230 or 2 years imprisonment

Banking of non-trust monies to a trust account

$25,230 or 1 year imprisonment

Licensee does not account to client

$25,230 or 2 years imprisonment

Audit reports

Offence Maximum penalty

Failing to appoint an auditor

$25,230 or 1 year imprisonment

Failing to lodge audit report within time limit

$25,230 or 2 years imprisonment

Failing to lodge a final audit within 2 months of ceasing to be a principle licensee

$25,230 or 2 years imprisonment

Offences by auditors

Offence Maximum penalty

Auditor does not file advice immediately of irregularities to Chief Executive

$25,230 or 1 year imprisonment

Auditor fails to notify Chief Executive when denied access to other records

$25,230 or 1 year imprisonment

Auditor fails to supply report to licensee

$25,230 or 1 year imprisonment

Inspector's powers

Inspectors have the legal authority to make sure that you don’t break the law. You must follow their lawful directions, or you risk a fine.

Offence Maximum penalty

Failure to comply with warrant, produce documents or provide information to an inspector

$25,230

Failure to give name and address to an inspector in certain circumstances

$6,307

Enforceable undertaking

An enforceable undertaking is:

  • a written promise by a business not to keep breaking the law
  • an alternative to court action.

Find out more about enforceable undertakings

Last updated
30 June 2017
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