NSW Real Estate and Australian Consumer Law (ACL)

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Zof

Member
23 January 2017
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I’ve been deceived by a real estate agent while making a rental agreement (in NSW).

I asked the NSW Fair Trading whether the ACL applies to rentals of premises. I was informed that only the Residential Tenancies Act is applicable to rental of premises. I asked the same question the ACCC. I was advised to contact a lawyer to find out.

I’ve made some research on the internet and I found out a document, which confirms that the ACL applies to real estate property managers -
https://www.commerce.wa.gov.au/sites/default/files/atoms/files/aclpmmanual2013.pdf

Although the document refers to Western Australia, the ACL is the same for all states, so I have no doubt that agents in NSW are obliged to comply with ACL.

However, looking briefly at the contents, I noticed that the document refers to commercial tenancy.

I’d like to find out whether real estate agents are obliged to follow the same ACL rules in residential tenancy. Can someone comment on the matter?
 
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