NSW Fair Trading reveals real estate enforcement priorities

NSW Fair Trading has outlined its compliance and enforcement priorities for the year ahead, placing underquoting, misleading property transactions and rental law compliance firmly in its sights as the regulator moves to strengthen consumer protections across the state’s property sector.

The newly published priorities cover residential sales, property management and strata operations, with particular attention on pricing practices, the implementation of rental reforms and the obligations of strata managers and owners corporations.

“Most businesses, landlords, agents and industry participants do the right thing. Our priorities are designed to address the conduct that undermines consumer confidence, creates unfair market outcomes and causes significant harm,” NSW Fair Trading Commissioner Natasha Mann.

Underquoting and misleading sales practices in focus

One of the regulator’s central priorities is misleading conduct in property transactions, including unlawful underquoting, false or misleading representations and the omission of material information.

The focus is particularly relevant to residential sales agents, with Fair Trading identifying accurate information and professional conduct as essential to maintaining confidence among buyers and sellers.

The announcement follows changes to NSW property and stock agents laws that commenced in June 2026, increasing penalties for a range of offences and strengthening Fair Trading’s disciplinary powers.

Further reforms, including additional underquoting requirements, are expected to commence at a later date, making it important for agents to distinguish between obligations already in force and those still awaiting commencement.

Under the changes that commenced on 29 June, Fair Trading gained additional disciplinary powers, including the ability to require an agent’s estimated selling price to be verified by a licensee in charge or independent valuer, and to suspend agents from undertaking certain activities.

The broader legislative changes also provide for increased penalties and new requirements relating to advertised selling prices, although some of those measures have not yet commenced.

Rental reforms and property maintenance under scrutiny

Property managers will also remain a focus as Fair Trading continues overseeing the implementation of rental reforms affecting more than 2.3 million renters across NSW.

The regulator has identified compliance with the ban on no-grounds evictions, limits on rent increases to once per year, provisions supporting tenants who apply to keep pets and access to fee-free rent payment options as key areas of attention.

Fair Trading will also focus on the condition of rental properties, including whether landlords and agents are meeting their obligations relating to repairs and maintenance.

The priorities reflect the regulator’s intention to ensure rental properties remain safe and habitable, while addressing practices that may leave tenants facing financial hardship or unsuitable living conditions.

For property management businesses, the announcement reinforces the need to maintain compliant tenancy processes, communicate clearly with landlords and ensure maintenance obligations are addressed appropriately.

Fair Trading said its rental compliance work would be supported by the Rental Taskforce, which focuses on preventing and responding to breaches of rental laws.

Strata governance and maintenance obligations targeted

Strata managers and owners corporations are another major focus, with Fair Trading identifying transparency, governance and property maintenance as areas requiring continued regulatory attention.

More than 1.2 million people live in strata schemes across NSW, while the state has more than 90,000 strata and community schemes.

Fair Trading intends to strengthen oversight of disclosure obligations and address conduct by strata managers, strata committees and other scheme participants that undermines transparent and accountable decision-making.

The regulator will also focus on whether owners corporations and other responsible parties are meeting their obligations to maintain and repair common property.

For strata management businesses, the priorities highlight the importance of appropriate disclosure, effective governance and ensuring maintenance responsibilities are managed in accordance with legislative requirements.

Fair Trading’s Strata and Property Services Task Force will support the regulator’s work across these areas, with a focus on professional standards, transparency and compliance.

Education and enforcement to continue

Fair Trading said its priorities were informed by feedback from industry stakeholders and consumer advocates, together with regulatory data and intelligence about areas where consumer harm is occurring.

The regulator considers factors including the seriousness of consumer harm, public concern, power imbalances and emerging practices when determining where to direct its compliance activities.

While the priorities cover a broad range of consumer industries, the specific focus on property transactions, rental management and strata governance makes the announcement particularly relevant to licensed real estate professionals.

Ms Mann said Fair Trading would continue using a combination of industry engagement and regulatory action to improve compliance.

“NSW Fair Trading will continue to actively combine education, engagement, compliance activities and enforcement action to improve outcomes for consumers and support a fair marketplace for everyone.”