The Estate Agents Act 1980 and its Regulations regulate real estate practice in Victoria. The Act sets out who may own, manage and work in a real estate agency in Victoria, and the required qualifications, functions and conduct of real estate practitioners.

The Estate Agents and Sale of Land Acts (Amendment) Act 2003, which was passed by the Victorian Parliament on 3 June 2003, has amended many of the provisions of the Estate Agents Act 1980. Information for estate agents about these changes is available through:

• A link to all relevant legislation.
• A fact sheet of Frequently Asked Questions (PDF / 78KB) about the amendments.
• Real Estate: A guide for buyers and sellers (PDF / 919KB), which outlines the rights and responsibilities of buyers and sellers in a residential real estate transaction ..
• Approved forms for estimated selling price, rebates statement and commission sharing.
• Updated estate agents licensing forms.
• Estate Agents Council - Monthly Bulletins

If you buy, sell, lease or manage real estate or businesses on behalf of a vendor, landlord, purchaser or tenant you must hold an estate agent’s licence or be employed by a licensed estate agent as an agent’s representative.

While the Business Licensing Authority issues real estate licenses, Consumer Affairs Victoria:

• Monitors estate agents and agent’s representatives’ conduct to ensure they operate within the provisions of the Act and Regulations;
• Investigates complaints about estate agents charging excessive commissions and other charges such as advertising;
• Provides a dedicated and free service through the Estate Agents Resolution Service (EARS) for advice, information, complaints, mediation, investigation and dispute resolution on all real estate matters.
• Can bring estate agents and agent’s representatives before the Victorian Civil and Administrative Tribunal or the Magistrates’ Court for disciplinary action;
• Pays claims from the Victorian Property Fund;
• Monitors the delivery of real estate related licensing courses;
• Funds the delivery of the educational requirement for employment as an agent’s representative;
• May approve real estate agency staff and their relatives purchasing property which the agency is commissioned to sell; and,
• Prepares occasional publications, called Practice Notes, for estate agents.