AGENTS – ANZ NOTE
providing Leasing Agent Services must do so to the standard of
professionalism and skill required and consistent with membership of
the Institute and with compliance to law
Status of Guidance Notes
notes are intended to embody recognised ‘good practice’ and
therefore may (although this should not be assumed) provide some
professional support if properly applied. While they are not
mandatory, it is likely that they will serve as a comparative measure
of the level
performance of a Member. They are an integral part of ‘Professional
Scope of this Guidance Note
Guidance Note applies to Institute Members providing Leasing Agent
Services to Clients. It must be used in conjunction with other
practice standards and guidance notes that are either over-arching or
directly applicable to the type of property, purpose or issues
all cases, ‘client’ shall mean building owner, landlord, lessee
or their appointed representative.
Standards of a Technical Nature
shall abide by any principles or standards of professional conduct of
a technical nature laid down in the By-Laws of the Institute’s
Code of Ethics
must at all times conduct themselves in accordance with the standards
set out in the Institute’s Code of Ethics.
shall act in accordance with relevant legislation.
Clients Instructions and Best Interests Members shall at all times
act in the best interests of the client and in accordance with the
Confirm Instructions in Writing
appointment to act for the client, the Member shall immediately
confirm in writing to the client the basis of the appointment, the
scope of services the Member will provide to the client, and the
basis of the fee structure for those services unless covered under a
Frequent and Regular Communication
Member shall on a frequent and regular basis, or as agreed between
Member and client, communicate to the client the progress being made
in respect of the instructions issued to the Member.
Act Promptly and Efficiently
Member shall at all times act promptly and efficiently in the
servicing of the clients instructions.
Notice of Illegal or Unethical Concerns
receiving an instruction from the client, which the Member believes
to be illegal or unethical, the Member shall communicate such
concerns to the client in writing as soon as possible.
Leasing Agency Appointments
Claim to Act
Member shall claim to act for a client unless appointed in writing to
Methods of Acting
Member, when accepting an appointment to act as Leasing Agent for the
client shall act generally by one of the following methods:
sole agency or
exclusive agency appointment;
general or open
Act for Tenant
the Member is appointed to act for a tenant, their client shall be
deemed to be the tenant and the Member shall not seek a fee from
anyone other than the tenant, and shall disclose to all parties that
they act for the tenant.
Not Claim to Act Unless Appointed
Member shall claim to act for a tenant unless appointed in writing to
Not Contact Client of Sole Agent
Member shall directly contact the client of another agent where that
agent 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.
Not Undermine Another Member
Member shall seek to undermine the reputation or the ability of
Not Claim Agency Where None Exists
Member shall claim to have an agency appointment in the knowledge
that no such appointment exists.
Conflict of Interest
Member must disclose to their client any actual or potential conflict
of interest that may arise as a result of their appointment.
Leasing Agency Practice
Seeking to Nominate a Tenant
Member seeking to nominate a tenant for a property shall do so to the
appointed agent unless the property is available by way of an ‘open’
or ‘general’ agency and then the nomination shall be to the
as sole or coordinating agents may accept nominations from outside
agents at their discretion, but generally shall accept nominations of
tenants with whom they have had no prior contact.
shall effect all nominations in writing. Upon receipt of written
nomination from an Introducing Agent, Members shall immediately
confirm acceptance to Introducing Agent in writing.
Nominations from Agents Exercising Control
general, Members shall accept nominations only from those agents that
can demonstrate, or exercise control over the nominated tenant, by
way of a physical inspection of the property.
Joint Coordinating Agent
appointed as a joint coordinating agent, the Member will confer with
their joint agent prior to accepting any nominations from outside
a Member has introduced a tenant to one or more properties by way of
nominations or direct introduction, and is not appointed to act for
the tenant, that Member must act in the best interest of the lessor
and must not advise the tenant or proffer any advice that may be
to the lessor’s best financial or other interests.
nominating or accepting nominations, Members shall confirm the basis
of the fee structure applicable for the nomination if successful.
Consent for Inspection
Member shall inspect a property with a tenant without the consent of
the client or the appointed agent.
Commercial Viability of Prospective Lessees
a Member has reasonable grounds for questioning the solvency or
commercial viability of any party introduced as a prospective lessee
of the property, the client should be so advised.
‘For Lease’ or Other Marketing Board
Member shall place a ‘For Lease’ or other marketing board on a
property without client consent, or where another agent has been
appointed as sole or co-ordinating agent.
Not Advertise Lease Without Consent
Member shall advertise a property as being for lease without client
No Inspection Without Prior Consent
member shall conduct an inspection of a tenancy without the prior
consent of the tenant in occupation.
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 and the lease terms.
spite of the absence of any specific confidentiality provision within
the Agency Agreement, a Member 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.
Pay Fees Promptly
shall pay fees to nominating agents promptly following payment of
their own fees by the client.
Fee on Basis of Written Agreement
must base their fees on the basis of the written agreement with their
client and must not seek to knowingly overcharge or take false
Account to Co-ordinating Agent
acting as the nominating agent, unless instructed otherwise by the
sole or co-ordinating agent, Members must account to the sole or
co-ordinating agents for their fees and not to the client direct.