Property Showings & Viewings
Applicable Legislation
| Act | Section | What It Governs |
|---|---|---|
| Code of Conduct (PPA) | §3–4 | Must not misrepresent property features; must act in client's best interest |
| Code of Conduct (PPA) | §5 | Confidentiality — must not disclose seller's minimum price without authorisation |
| CPA | §41 | Innocent misrepresentation still has consequences — "I didn't know" is not a defence if you made a factual claim |
| PPA | §47 | Disclosure of material defects — must make the seller aware of their disclosure obligations |
✅ Compliance Checklist
- Property features described during a showing are accurate and verifiable (size, zoning, title conditions, HOA levies)
- Seller's minimum asking price or reserve price is not disclosed to a prospective buyer without the seller's express permission
- Material defects known to the practitioner are disclosed to the prospective buyer (or buyer is directed to the mandatory disclosure form)
- The practitioner does not denigrate a property being shown (Code of Conduct §3.2)
- Confidential information about either party (seller or buyer) is not shared with the other without consent
- If representing the buyer (buyer's mandate), the buyer's interests regarding price negotiation are put first
- Potential neighbourhood issues (planned developments, zoning changes) known to the practitioner are disclosed honestly
- Comparative market analysis shown to buyers is honest and current — not cherry-picked to make a sale
❌ Prohibited Actions
- ✗ Telling a buyer "the owner will accept X" when the mandate says Y — unauthorised disclosure of minimum price
- ✗ Exaggerating property size ("it feels like 150m²" when the title deed says 110m²)
- ✗ Withholding known defects to close a deal — misrepresentation voidable at buyer's option
- ✗ Promising rental income or capital growth projections without reasonable basis — CPA false/misleading representation
- ✗ Conducting showings before a valid mandate is signed
⚠️ Warning Flags
- "It's definitely zoned for that" — unless you have a town-planning letter, don't state zoning as fact. Say "the seller believes" or "the current zoning certificate shows..."
- Body corporate rules — if the complex has pet restrictions, parking rules, or rental caps that affect the buyer's use, they must be disclosed.
- Verbal representations bind you — even offhand comments during a viewing can constitute representations that become terms of the sale.
- Wet areas, geysers, roofs — if you suspect there may be a defect but haven't confirmed, do not say "no issues." Advise the buyer to do a professional inspection.