Does a lawyer need an Estate Agents Licence to sell real estate?
No. A lawyer’s Practising Certificate issued pursuant to the Legal Profession Act 2004 allows a lawyer to operate a trust account, and to perform all aspects of the real estate sale transaction, including the preparation of sale documents, negotiation and closure of the sale, and all legal and conveyancing work associated with the completion of the matter. An Estate Agent’s Licence allows the estate agent to perform a few of the functions of the lawyer (but the estate agent must always seek guidance from the lawyer on contracts and other legal matters) and to operate a trust account. In other words, an Estate Agent’s Licence is necessary only where a person offering to negotiate the sale of real estate is not a qualified lawyer. Another way of looking at the situation is to say that a conveyancer requires a Conveyancer’s Licence to perform some of the functions of a lawyer, but a lawyer can perform all of the functions of a conveyancer without also having to hold a Conveyancer’s Licenc
