Explain the appropriate legislation and ethical practices covering the agent/buyer relationship in South Australia, in the following areas:

1. Disclosures?

2. Privacy?

3. conflict of interest?

4. complaint handling?

Following are the information I have:

South Australian real estate law:

Land Agents Act 1994

Land Agents Regulations 2010

Land and Business (Sale and Conveyancing) Act 1994

Land and Business (Sale and Conveyancing) Regulations 2010

Australian Consumer Law

Privacy & Business

The Australian Privacy Principles (APPs) any organisation or agency the Privacy Act covers.

There are 13 Australian Privacy Principles which govern standards, rights and obligations around:

• collection, use and disclosure of personal information
• an organisation or agency's governance and accountability
• integrity and correction of personal information
• the rights of individuals to access their personal information

The Australian Privacy Principles are principles-based law. This gives an organisation or agency flexibility to tailor their personal information handling practices to their business models and the diverse needs of individuals. They are also technology neutral, which allows them to adapt to changing technologies.

A breach of an Australian Privacy Principle is an 'interference with the privacy of an individual' and can lead to regulatory action and penalties.

Links to information and assistance for business.

• Australian Privacy Principles
• Australian Privacy Principles guidelines
• Tips to protect your privacy
• Training resources

Legislation

The Land and Business (Sale and Conveyancing) Act 1994 and Land and Business (Sale and Conveyancing) Regulations 2010 govern the activities of real estate agents and their responsibilities to their clients (landlords and vendors). However, this legislation also sets out conduct requirements and rules for the dealing with other parties to a transaction, such as a buyer or a tenant.

STUDENT ACTION!

The links below outline sections of the act and regulations that apply to both vendors and buyers. Students must access these links and read the relevant sections to gain an understanding of the requirements under the act for dealing with buyers.

Land and Business (Sale and Conveyancing) Act 1994

• Agent to disclose certain benefits connected with sale or purchaser, Form R2

Land and Business (Sales and Conveyancing) Regulations 2010

• Financial and investment advice, Form R7
• Meaning of Conflict of interest
• Schedule 1 - Contracts for sale of land or businessesForm 1 (vendor's statement)

Form 1 Vendor Statement Sample

SA.GOV.AU

Under the Land and Business (Sale and Conveyancing) Act 1994 and Regulations 2010, an agent cannot mislead or deceive a buyer when buying a property and they cannot misrepresent a property or fail to disclose relevant information about the property.

STUDENT ACTION!

SA.GOV.AU

SA.GOV.AU is the best place for South Australian citizens and businesses to find government services and information. The site is managed by the Office for Digital Government in theDepartment of the Premier and Cabinet. This office works with the rest of government to make things clear, simple and easy. It's a big task, and many people from every department work with them to link up government services and present things in a consistent way using plain language. SA.GOV.AU'sstandards and guidancesupport this work.

• Buying and selling property
• Land agents and auctioneers
• Contract terms and definitions
• Renting
• Tenancies and domestic violence victims
• Working in real estate