Why do Real Estate Agents need Insurance?

Just because the property market can be unpredictable doesn’t mean your insurance should be . With BizCover you can get multiple competitive quotes from some of Australia’s leading insurers on the block with just a few clicks or a single phone call. Select your preferred policy and you’ll be covered instantly – now that’s a sound investment!

Did you Know?

The NSW Government requires that all licensees under the Property, Stock and Business Agents Act 2002 (and associated Regulations) hold a policy that provides not less than $1 million Professional Indemnity Insurance cover for any one claim and $3 million in the aggregate for all claims made during the period of the insurance.

**    There are different requirements for each State and Territory in Australia.  You should consider those which apply to your business.

Insurance for Real Estate Agents

Professional Indemnity Insurance*

Are the details accurate? Is the property valued correctly? Is that your opinion or a statement of fact? For Real Estate Agents, Professional Indemnity Insurance provides important protection against potential losses arising out of errors or omissions in the practice of your profession, including:

  • Negligence in rendering professional services
  • Misleading and deceptive conduct
  • Poor property management
  • Some statutory breaches

Buying or selling property is a complex process, which is what your clients pay you to manage. Therefore, the service you provide must be of a higher standard than the average man in the street. Putting some risk management in place will help ensure your reputation doesn’t go under the hammer should something go wrong.

That’s where Professional Indemnity Insurance comes in. It is designed to respond to claims against your business for losses as a result of actual or alleged negligent acts or omissions in the provision of your professional service or advice. Personal Indemnity Insurance will also assist with the legal costs associated with responding to or managing claims which are covered by the policy.

Public Liability Insurance*

It’s likely that you have an office for your clients to visit and you are often visiting your client’s properties. Public Liability insurance is designed to provide protection for you and your real estate agency in the event a client, supplier or a member of the public is injured or sustains property damage as a result of your negligent business activities .

Business Insurance*

If any of the following circumstances relating to your business then you should consider Business Insurance to ensure you are adequately protected:

  • If you have an office are you covered for building and contents?
  • Do you rely on computing equipment/servers to get your work done? If they were to breakdown could you cover the cost of repairs or restoration?
  • If your business was out of action temporarily due to an insurable event, such as fire, would you still be able to earn an income?

Cyber Insurance*

Consider the client data you are storing and the implication on your business if there was a breach of confidentiality by being hacked and your data stolen. Ensure your business is covered against the expense and legal costs associated with data breaches before your data is going once, going twice….. gone!


*As with any insurance, cover will be subject to the terms, conditions and exclusions contained in the policy wording. The information contained on this web page is general only and should not be relied upon as advice.

Claim Examples

An agent deliberately sold a couple’s home for significantly under the property’s value to an investor whom she knew. Six months later the investor on-sold the property through the same agent to an overseas buyer making a significant profit. The couple who were the original owners of the home successfully sued the agent for $1 million for not revealing that she knew the investor often purchased properties to resell at a profit, and for not disclosing her previous involvement in several of his previous purchase and resales.

A real estate had a ransomware virus enter their computer system where the hacker demanded a payment of US$500 be made. The real estate business was unable to function normally for 7 days whilst their data was being restored. Fortunately, they had Cyber insurance and were able to claim $7,440 to cover the cost of restoring the information, payment for the ransom, as well as lost man hours from being out of action.

3 questions to ask yourself when buying insurance

  1. Is the policy inclusive of costs or exclusive of costs? With a ‘costs inclusive’ policy, legal costs and damages are insured as one sum insured – ‘costs exclusive’ means that the two are insured separately
  2. What other areas of your business need protection, i.e. your clients and their property, your business assets, and your confidential data?
  3. Does the cover comply with current legislation in the state or territory in which your work? Click below to view the legislation that’s relevant to you.

State requirements

State / Territory Requirements Minimum Level of PI Insurance
New South Wales Legislative: Property, Stock and Business Agents Act 2002 $1 million for any one claim, and not less than $3 million in the aggregate
Professional Association: REINSW Membership Contact REINSW for requirements
Victoria Legislative: Estate Agents Act 1980 (and Regulations) No requirement
Professional Association: REIV Membership $2 million for any one claim, and not less than $6 mill in the aggregate
Queensland Legislative: Property Occupations Act 2014 No requirement
Professional Association: REIQ Membership Min $1 million
South Australia Legislative: Land Agents Act 1994 No requirement
Professional Association: REISA Membership Required, however no minimum amount specified
Western Australia Legislative: Real Estate and Business Agents Act 1978 No requirement
Professional Association: REIWA Membership Min $1 million
Tasmania Legislative: Property Agents and Land Transactions Act 2005 Min $500,000
Professional Association: REIT Membership Contact REIT for requirements
Australian Capital Territory Legislative: Agents Act 2003 Min $10 million
Professional Association: REIACT Membership Min $10 million
Northern Territory Legislative: Agents Licensing Act Min $500,000
Professional Association: REINT Membership Min $500,000

LW Phoenix

One of the critically important aspects of property development in today’s real estate landscape is having the right insurance. Watch to see why BizCover customer, William Lin, ensures he is protected against potential legal disputes.

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