Agents' representatives

Definition

An agent's representative is employed by or acts for a licensed estate agent, and with written authority, can perform any of the legal functions of that estate agent. For example, an agent's representative can act as a salesperson or property manager, but cannot operate an estate agency business.

Requirements

You do not need to apply to us to work as an agent's representative. Instead, your employer is required to verify that you are eligible to be an agent's representative, and notify the Business Licensing Authority (BLA) via myCAV when you start work.

To be eligible to be an agent's representative you must:

• be at least 18 years old
• have completed a course prescribed under the Estate Agents (Education) Regulations 2020
• not have been found guilty of any offence involving fraud, dishonesty, drug trafficking or violence punishable by three months or more imprisonment (whether or not a jail term was imposed), within the last 10 years
• not be insolvent under administration
• not be the cause of a successful claim against the Victorian Property Fund or a corresponding fund
• not be a represented person under the Guardianship and Administration Act 1986
• not be subject to a Victorian Civil and Administrative Tribunal declaration making you ineligible to act as an agent’s representative
• not be subject to an order by any regulatory body in or outside Victoria, disqualifying you from acting as an agent’s representative.

The BLA may grant you permission to be employed as an agent’s representative if you are subject to some of the restrictions listed above (if you are insolvent, are the cause of a claim against the Victorian Property Fund or have a disqualifying criminal record). For more information, view Disqualification and permissions.

Education requirements

The education requirements to work as an agents’ representative depend on the experience you have in the real estate industry.

Registered training providers

Your course must be delivered by a registered training organisation whose course is based on Victorian Estate Agency law, practice and procedure. To find real estate courses delivered by registered training organisations, visit My Skills.

Starting work

Before you can start work as an agent's representative, your employer must:

• check you meet the eligibility requirements above - your employer may ask you to complete an Eligibility to be employed as an agent's representative checklist (Word, 231 KB). This form is a statement in which you agree that you meet the required eligibility criteria
• give you written authority to act on their behalf.

You must give your employer a:

• Statement of Attainment showing you have completed a prescribed course. For more information on statements of attainment, visit Australian Skills Quality Authority
• police check - a form for obtaining this check is available from the Victoria Police website. If your police check is more than six months old, you must also provide a statutory declaration that you have not been found guilty of a disqualifying criminal offence. You must provide your employer with a new police check within six weeks of starting work; otherwise, you will become ineligible to continue to be employed.

If you do not obtain your police check through the Victoria Police website, you must ensure the relevant check can be used for the purposes of the Business Licensing Authority (BLA) under the Estate Agents Act 1980. You should confirm with the relevant check provider if you have any doubt.

Ceasing employment and re-employment

When you start or cease employment, your employer should reflect this in their myCAV account. This notifies the BLA and ensures the public register contains the correct employment details.

Each time you seek re-employment as an agent’s representative, your new employer must separately verify that you meet all the eligibility criteria.

Permission

You must apply for permission to work as an agent’s representative or continue to work as one if you:

• have been convicted or found guilty of any offence involving fraud, dishonesty, drug trafficking or violence punishable by three months or more imprisonment (whether or not a jail sentence was imposed), within the last 10 years
• are an insolvent under administration
• are the cause of a successful claim against the Victorian Property Fund or a corresponding fund.

If you become ineligible as a result of any of the above, you may continue to work in the role (pending the BLA’s decision) if you apply for permission within 30 days of the above occurring. For more information on applying, view Disqualification and permissions.

Mutual recognition changes

Mutual recognition does not apply to interstate or New Zealand salespeople or similar registrations to work in Victoria as an agent’s representative.

Before starting work as an agent’s representative, you must meet all the eligibility criteria under section 16 of the Estate Agents Act 1980 including completion of the educational requirements under the Estate Agents (Education) Regulations 2020.