Purpose

1) Accredited estate agencies and any person associated with the agencies (AA) providing real estate agent services must do so to the standard of professionalism and skill required by and which are consistent with their accreditation with SAEA Ltd and in compliance with the law.

2) These Guidance Notes are intended to be an integral part of ‘Professional Practice’ and serves as a reference of the level of performance expected of an AA.

Professional Conduct

3) AAs shall abide by any principles or standards of professional conduct of a technical nature laid down in these Guidance Notes.

4) AAs must at all times conduct themselves in accordance with the standards set out in the Code of Conduct & Ethics of SAEA Accreditation Board.

Client Relationship

5) AAs shall at all times act in the best interests of the client and in accordance with the client’s instructions.

6) Upon appointment to act for the client, the AA shall immediately confirm in writing to the client the basis of the appointment, the scope of services the AA will provide to the client, and the basis of the fee structure for those services unless covered under a previous agreement.

7) The AA shall, on a frequent and regular basis, or as agreed between the AA and client, communicate to the client the progress being made in respect of the instructions issued to the AA.

8) The AA shall at all times act promptly and efficiently in the servicing of the clients' instructions.

9) If an instruction from the client requires the AA to act illegally or unethically, the AA shall communicate such concerns to the client.

Agency Appointments

10) No AA shall claim to act for a client unless appointed as a sole agency or exclusive agency in writing.

11) An AA, when accepting an appointment to act as an agent for the client, shall act generally by one of the following methods:

• Sole agency
• Exclusive agency appointment
• Joint Sale Agency

12) Where the AA is appointed to act for a tenant, his client shall be deemed to be the tenant and the AA shall not seek a fee from anyone except with the consent and knowledge of the tenant, and shall disclose the fact that they act for the tenant.

13) The AA shall not directly contact the client of another AA where that AA has been appointed to act on the basis of either a sole or exclusive or a co-ordinating agency (unless they are also the joint coordinating agent) or have unequivocal consent from the appointed agent to do so.

14) The AA shall not seek to undermine the reputation or the ability of another AA.

15) The AA shall not claim to have an agency appointment where no such appointment exists.

16) The AA must disclose to his client any actual or potential conflict of interests that may arise as a result of the agency appointment.

Agency Practice

17) Any AA seeking to nominate a purchaser/tenant for a property shall do so to the appointed agent unless the property is available by way of an ‘open’ or ‘general’ agency in which case the nomination shall then be to the client.

18) In general, AAs shall accept nominations only from those agents that can demonstrate, or exercise control over the nominated purchaser/tenant, by way of a physical inspection of the property.

19) Where an AA has introduced a tenant or purchaser to one or more properties by way of nominations or direct introduction, and is not appointed to act for the tenant, that AA must act in the best interest of the lessor and must not advise the tenant or purchaser any advice that may contradict the lessor’s best financial or other interests.

20) An AA shall not inspect a property with a tenant/purchaser without the consent of the client or the appointed AA.

21) Where an AA has reasonable grounds for questioning the solvency or commercial viability of any party introduced as a prospective lessee/purchaser of the property, the client should be so advised.

Marketing

22) An AA shall not place a 'For Lease ' or 'For Sale' or other marketing board on a property without the client’s consent, or where another agent has been appointed as sole or co-ordinating agent.

23) An AA shall not advertise a property as being for lease or sale without the client’s consent.

24) An AA shall present property information on the basis of fact and not on assumption and shall endeavour to provide full details of the premises to be leased or sold and the lease or sale terms.

25) In spite of the absence of any specific confidentiality provision within the Agency Agreement, an AA shall not issue any press release without the client's written agreement. Any agreement so granted is a specific agreement to the form of words or content that has been submitted to the client for approval.

Others

26) AAs shall pay fees to nominating agents promptly following payment of their own fees by the client.

27) AAs must base their fees on the basis of the written agreement with their client and must not seek to knowingly overcharge or take false profits.

28) When acting as the nominating agent, unless instructed otherwise by the sole or co ordinating agent, AAs must account to the sole or co-ordinating agents for their fees and not directly to the client.