Sellers & buyers · Template
"Required by law" clarification request
When the agent frames a request, document, or procedure as legally mandated — "we have to do this under the Act" or "our management requires us to" — ask them to identify the specific section or rule. One of three things happens: they cite it (and you comply), they concede it's internal policy (and you negotiate), or they evade (which is itself information).
When to use this
- The agent describes something as "required by law," "required by the Act," "required by REA," or "required by management" without citing a specific source.
- The requirement is one you would prefer to negotiate or decline (a specific wording, a document format, a specific provider).
- You want to unbundle three things commonly conflated: REA Act duties, agency risk-management policy, and individual agent discretion.
The template
Hi [agent first name],
Thank you for raising [specific requirement — e.g., the need to include a specific clause in the disclosure, the need for a particular photo-approval process, the need for yellow-highlighted language].
To make sure I understand the basis of the requirement: can you let me know whether this is required by:
- The Real Estate Agents Act 2008 (and if so, which section)?
- The Professional Conduct and Client Care Rules 2012 (and if so, which rule)?
- Another statute or regulation (and if so, which)?
- Or is this an internal agency policy or standard industry practice?
I want to give the request appropriate weight either way. Where it is a statutory requirement, I will of course comply. Where it is internal policy, I would like the opportunity to discuss whether the specific approach is necessary for this property.
Kind regards,
[Your name]
What the reply tells you
- A specific section or rule is cited. Check it against the Rules reference section on this site. If the citation supports the claim, the requirement is statutory and must be complied with. That is the answer.
- A reference to agency policy or "best practice." The requirement is not statutory. You can negotiate the specific approach on its merits — you are not refusing to comply with law, you are discussing the agency's chosen method.
- Evasion or redirection. "It's just how we do it," "everyone does this," "it would look unprofessional not to." This is the clearest signal that the requirement is neither statutory nor well-grounded. You have a strong basis to decline.
How to adapt
- Be specific about which requirement. Naming the specific item (a particular clause wording, a photo-approval process) forces a specific answer.
- Close-ended structure. The four options make it hard to respond with ambiguity. Either a section is cited, or it isn't.
- The soft close ("I will of course comply"). This is not defiance. It affirms your willingness to follow actual law. It isolates the question to whether the requirement is actually legal.
Legal basis
The Real Estate Agents Act 2008 and the Professional Conduct and Client Care Rules 2012 impose specific duties on licensees. Many day-to-day agency practices are consistent with these rules but not required by them. Distinguishing the two is the purpose of this template.
See "Required by law": REA Act vs agency policy for the underlying analysis.