Real estate advertising rules in NSW for agents

What the Property and Stock Agents Act 2002 says NSW agents' ads must show, who can call themselves an agent, and the price and disclosure rules. With sources.

The Sydney skyline and Harbour Bridge seen across the water from a leafy suburb
Photo by Jesper van der Pol on Unsplash

In New South Wales, real estate advertising is governed by the Property and Stock Agents Act 2002 and the Australian Consumer Law, and NSW Fair Trading is the regulator. Your website, your digital card, your email signature and your social posts are all advertising, so the same rules apply to them as to a newspaper ad.

This page sets out what the Act says, section by section, with links to the versions we read. It’s part of our guide to advertising rules in every state and territory.

This is general information, not legal advice. Rules change, and your licensee may have its own requirements. Check with your licensee or NSW Fair Trading before you publish.

What an ad must show

Section 50(1) of the Property and Stock Agents Act 2002 says a licensee must not publish an advertisement relating to the licensee’s business “unless the advertisement includes” the licensee’s name. Depending on how the licensee trades, that’s the individual’s name, the registered business name, the partnership name or the corporation’s name.

In practice, the name that has to appear is the licensee’s. For most agents, that’s the agency you work under, not your own name.

Section 30(1) adds that a licensee mustn’t advertise or hold out that it carries on business under a name other than its own name or a registered business name.

Your licence or registration number. Section 50 doesn’t require it, and we didn’t find a requirement in the Property and Stock Agents Regulation 2022 either. Many licensees ask agents to show it anyway, so follow your licensee’s policy.

Who can call themselves what

  • Under section 8(1), only a licence holder may advertise, notify or state that they act as a real estate agent.
  • Under section 10(1)(b), a person must not represent, “whether expressly or impliedly”, that they are an assistant agent unless they hold a certificate of registration.

So the title on your card, website and signature should match what you actually hold. If you’re registered rather than licensed, choose a title that doesn’t suggest otherwise, and ask your licensee which titles it uses.

Price and disclosure rules

  • No underquoting. Section 73(1) says an advertisement must not suggest “a selling price for the property that is less than the estimated selling price”.
  • No “offers over”. Section 73(2) says an ad must not use “offers above” or “offers over”, or similar words or symbols in any language.
  • Disclose your interest. Under section 50(2), if the licensee has a relevant interest in a property being advertised for sale, the ad must disclose it.
  • Nothing misleading. Section 52(1) makes it an offence for a licensee or registered person to make a statement, representation or promise that’s false, misleading or deceptive, “whether to the knowledge of the agent or not”.
  • The right suburb. NSW Fair Trading’s page on real estate agent advertising laws says you mustn’t advertise a property as being in a particular suburb unless it’s in that location.

Business cards, websites and social media

We didn’t find a rule in the Act or the Regulation written specifically for business cards, websites or social media. NSW Fair Trading says the Act and the Australian Consumer Law apply to “print and online advertising”, so treat your online presence like any other ad:

  • Name the licensee clearly on every page, profile and card.
  • Use a title that matches your licence or registration.
  • Keep sales results and reviews accurate, and check any “sold” claims.
  • When you change agencies, update every card, site and profile with the new licensee the same day. Our changing agencies checklist covers it.

Our free email signature generator lays these details out for you, and on a Real Agent Marketing website the footer of every page names your agency as the licensee.

Sources

Based on the legislation and guidance as we read them in October 2026. This isn’t legal advice and doesn’t cover every rule that applies to you.

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