OCBA - Definition

You are considered to be acting as a land agent if you carry on a business that involves:

selling, purchasing, or otherwise dealing with land or businesses on behalf of others; or

conducting negotiations for the sale or purchase of land or businesses on behalf of others; or

selling land or businesses on your own behalf; or

conducting negotiations for the sale of land or businesses on your own behalf.

Registration Not Required
You are not required to hold a registration as a land agent if you are:

conducting negotiations or dealing with land or businesses in the course of practice as a legal practitioner; or

solely engaged in mortgage financing.

Sales representatives
If you act as a sales representative for a registered land agent you must be registered. Sales representatives may be involved in the sale of land or businesses, and this includes the lease or letting of land. If you are only involved in the leasing of land that is not to be used for the purposes of a business, you do not need to be registered as a sales representative.

You are considered a sales representative if you carry on business for or on behalf of an agent, which induces or attempts to induce, or negotiates with a view to induce a person:

to acquire or dispose of land or business; or

to make an offer to acquire or dispose of land or a business; or to make an offer to acquire or dispose of land or business; or

to enter into a contract for the acquisition or disposal of land or a business.

If you are registered as a land agent, you may act as a sales representative for another agent without needing separate registration as a sales representative.

Auctioneers
If you conduct an auction of land or business, in the course of your business as a land agent or for another land agent, you must be registered as an auctioneer.

Management of a company
In the case of the registered agent being a company, the Act requires the business to be properly managed and supervised by a natural person who is registered as a land agent.

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Accessibility
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