Wondering what your obligations as QLD Real Estate Agent are when looking at Verification of Identity for your client when signing a Form 6? Well look no further...

Prefer to watch/listen? Click here to consume this content via YouTube!

VERIFICATION OF IDENTITY (VOI)

On a Form 6, Item H prompts the Sales Agent to complete a verification of identity for their client (extract p3 below). 

This means that the Sales Agent properly identifies that the person they are dealing with is the person who owns the property and the person with the correct authority to deal with the property. 

From the Office of Fair Trading:

A QLD Real Estate Agent's obligations under the Property Occupations Regulation (s19) have not changed:

(1) Before auctioning property, an auctioneer appointed to sell the property must take reasonable steps to find out or verify the ownership of the property and property description.

(2) Before listing property for sale, lease or exchange, a real estate agent or real estate salesperson must take reasonable steps to find out or verify the ownership of the property and property description.

As a property agent, you must take reasonable steps to check the true ownership of a property―that the vendor is who they claim to be, and that they have the authority to sell the property.

You must also find out or verify any other facts about the property, including those told to you by the vendor to ensure you don’t misrepresent the property.

“You are breaking the law if you ignore these responsibilities”

What are "reasonable steps":

The onus is on you to decide what “reasonable steps” are.

The Office of Fair Trading has a guide with their recommendations – which includes face to face meetings and a 100 point ID check (certified by a Qualified Witness):

• Justice of the Peace
• Commissioner for Declarations
• Solicitor

REIQ Verification of Identity Checklist with detailed information that Agents may wish to use to complete a verification of identity.

The REIQ released a Webinar for the Residential PO Form 6 Update in September 2022.  The Webinar addresses the new sections of the PO Form 6 and how to use the new features in Realworks.

Actionable Steps:

You should set procedures within your office to ensure that the above steps occur for every sale. You do not want to be put in a position where you have not validly verified your client’s identity.

Say, hypothetically, the matter goes to court. The judge asks you – “what steps did you take to verify your client’s identity?” Without 100 points of Government issued photo ID, you will not have a strong case to present.

By ensuring you always correctly verify your clients identity, you protect yourself and the real estate agency.

We have experience with VOI and Form 6 advices. Feel free to get in touch with us via the email below. 

We look forward to continuing to help thousands of Queenslanders every year with their conveyancing!

Any questions? Want to know more? Get in contact with us via the below form or via info@empirelegal.com.au.