Lesson 2 – Duties Owed to Landlords, Sellers, Tenants, Buyers and Applicants

The precise duties owed will depend upon MyEstate’s instructions, the employee’s role and the nature of the transaction.

Duties owed to landlords

When instructed by a landlord, employees should:

1. Understand the services MyEstate has agreed to provide;
2. Follow lawful and reasonable instructions;
3. Explain the limits of MyEstate’s service;
4. Provide accurate information about marketing and applications;
5. Communicate offers and relevant enquiries promptly;
6. Avoid making commitments without authority;
7. Protect the landlord’s confidential information;
8. Account properly for money and documents received;
9. Identify important legal or compliance concerns;
10. Keep the landlord reasonably informed; and
11. Maintain adequate records.

An employee must not follow an instruction that is unlawful or discriminatory. For example, an instruction to reject all applicants of a particular nationality must not be followed and must be referred to a manager.

Duties owed to sellers

When acting for a seller, employees should:

1. Market the property in accordance with the agreed instructions;
2. Provide accurate particulars and advertising;
3. Disclose required information to prospective buyers;
4. Communicate offers promptly and accurately;
5. Avoid inventing or exaggerating competing interest;
6. Keep the seller informed of material developments;
7. Avoid conflicts of interest;
8. Protect confidential information; and
9. act within the terms of the agency agreement.

Employees must not guarantee a sale price, timescale or outcome that cannot reasonably be assured.

Responsibilities toward tenants

Employees should:

1. Communicate clearly and respectfully;
2. Provide accurate information about the property and tenancy;
3. Avoid hidden charges or misleading representations;
4. Explain relevant application and tenancy procedures;
5. Handle deposits and other money correctly;
6. Protect personal information;
7. Report repair and safety concerns appropriately;
8. Avoid entering a property without proper authority;
9. Respect the tenant’s home and privacy; and
10. Escalate complaints, vulnerability or safeguarding concerns.

Responsibilities toward buyers

Employees should:

1. Provide accurate property and transaction information;
2. Explain MyEstate’s relationship with the seller;
3. Record and communicate offers accurately;
4. Avoid unfair pressure;
5. Disclose relevant referral arrangements;
6. Avoid giving legal, tax, mortgage or surveying advice beyond their competence;
7. Protect the buyer’s personal and financial information; and
8. Treat the buyer fairly even though the seller is the client.

An employee must not tell a buyer that an offer will only be passed to the seller if the buyer uses MyEstate’s recommended mortgage broker or conveyancer.

Responsibilities toward applicants

Applicants should receive:

1. Clear information about the application process;
2. Accurate details of costs and eligibility requirements;
3. Consistent treatment;
4. Appropriate privacy and data protection;
5. Reasonable adjustments where required;
6. Prompt communication about significant developments; and
7. A clear explanation of documents and information required.

Managing competing interests

Property transactions naturally involve parties with different interests. A landlord may want the highest rent, while an applicant wants an affordable tenancy. A seller may want a quick sale, while a buyer requires sufficient time to obtain a survey and mortgage.

The employee’s role is not to guarantee that every party achieves their preferred outcome. The employee must manage the transaction professionally, follow lawful instructions and avoid misleading or unfair treatment.