NSW Fair Trading
NSW Fair Trading
Consumer protection, licensing (building, conveyancing, motor dealers), and tenancy regulator in NSW.
10
Obligations enforced
3
Enforcement actions tracked
4
Scope topics
Obligations enforced by NSW Fair Trading (10)
- criticalCWLTHConduct conveyancing via PEXA (e-conveyancing) where mandated
Most state property transactions must be lodged electronically via PEXA or sympli.
- criticalCWLTHHold a current real estate agent licence (state-specific)
Selling agents must hold a current licence issued by their state fair trading regulator.
- criticalCWLTHTrust account audit + ASIC / state regulator submission
Holders of client trust accounts (real estate, legal, conveyancing) must lodge annual audited accounts.
- highNSWComply with Residential Tenancies Act 2010 (NSW)
Landlords + agents must lodge bonds with Rental Bond Board + comply with notice + minimum standards.
- highNSWComply with Retail Leases Act 1994 (NSW)
NSW retail leases — disclosure, 5-year minimum term, outgoings transparency.
- highNSWHold an NSW Charitable Fundraising Authority
Soliciting donations from the NSW public requires authorisation under the Charitable Fundraising Act 1991.
- highNSWHome Building Compensation Fund (NSW)
NSW residential building work >$20,000 requires HBCF insurance.
- highNSWPay long service leave under the LSL Act 1955 (NSW)
NSW employees accrue 2 months LSL after 10 years' continuous service, payable on resignation after 5 years.
- highNSWUnderquoting prohibition (NSW Property and Stock Agents Act 2002)
NSW real estate agents must not underquote — Maximum penalty $22,000.
- mediumNSWStrata Schemes Management Act 2015 (NSW)
Strata schemes must comply with budget, AGM, sinking fund + management requirements.
Recent NSW Fair Trading enforcement
- review2025ARNECC monitoring of e-conveyancing platform incidents
Periodic ARNECC review of PEXA + Sympli outages + cyber incidents affecting settlement workflows.
- review2024ARNECC + ELN incident reports 2024
ARNECC periodic reviews + ELN incident reports — PEXA + Sympli operational events affecting settlement workflows.
- criminal conviction2024NSW Fair Trading real estate trust account prosecutions
Multiple prosecutions of NSW real estate agencies for trust account misuse + non-lodgement of audits.
Scope topics
Source: regulator's own website. Rules Mate links and summarises — we don't republish full statutory text.