Product Overview

Summary: This Standard Operating Procedure sets out a clear, ethical framework for sourcing, assessing, negotiating and documenting off‑market deals in the Australian context. It helps your team secure opportunities ahead of competitors while maintaining strict compliance with WHS duties, privacy laws, fiduciary obligations and professional conduct standards.

Off‑market deals can be highly attractive to vendors, buyers and intermediaries because they offer privacy, speed and reduced marketing costs. However, they also carry heightened ethical, legal and reputational risks if they are not managed in a transparent and structured way. This Standard Operating Procedure provides a step‑by‑step framework for identifying, qualifying, negotiating and documenting off‑market opportunities while upholding the highest standards of professional conduct in the Australian property and business transactions environment.

The procedure addresses common problem areas such as conflicts of interest, dual agency, under‑quoting, misuse of confidential information, unfair pressure on vulnerable parties, and inconsistent record‑keeping. It aligns day‑to‑day practices with Australian consumer law, state and territory real estate legislation, privacy requirements and your organisation’s WHS obligations around safe, respectful interactions with clients and third parties. By embedding this SOP, your business can confidently pursue off‑market opportunities, protect its licence and brand, and demonstrate to regulators and clients that ethical practice is not negotiable.

Key Benefits

• Protect your brand and licence by standardising ethical decision‑making for all off‑market activities.
• Reduce legal and regulatory risk by aligning off‑market practices with Australian consumer, privacy and real estate laws.
• Strengthen client trust by ensuring transparent communication, informed consent and proper documentation at every stage.
• Streamline internal workflows with clear criteria, checklists and approvals for taking on and progressing off‑market deals.
• Enhance governance by creating an auditable trail of key decisions, conflict‑of‑interest checks and client instructions.

Who is this for?

• Real Estate Agency Principals
• Buyer’s Agents
• Commercial Property Managers
• Residential Sales Agents
• Investment Portfolio Managers
• Developers and Acquisitions Managers
• Conveyancers and Property Lawyers
• Compliance and Risk Managers in Real Estate Businesses
• Private Wealth and Family Office Advisors
• Project Marketing Managers

Included Sections

• 1.0 Purpose, Scope and Objectives
• 2.0 Definitions (Off‑Market Deal, Vendor, Buyer, Intermediary, Conflict of Interest, etc.)
• 3.0 Legislative and Ethical Framework (Australian Context)
• 4.0 Roles, Responsibilities and Authority Levels
• 5.0 Identifying and Qualifying Off‑Market Opportunities
• 6.0 Conflict of Interest, Dual Agency and Referral Fee Management
• 7.0 Client Engagement, Informed Consent and Representation Agreements
• 8.0 Information Handling, Confidentiality and Privacy Compliance
• 9.0 Due Diligence, Risk Assessment and Deal Approval Workflow
• 10.0 Communication Protocols with Vendors, Buyers and Third Parties
• 11.0 Negotiation Conduct and Avoiding Unconscionable Practices
• 12.0 Documentation, Record‑Keeping and Audit Trail Requirements
• 13.0 Managing Complaints, Disputes and Regulator Enquiries
• 14.0 Training, Induction and Ongoing Competency Requirements
• 15.0 Monitoring, Review and Continuous Improvement of the SOP

Legislation & References

• Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010)
• Privacy Act 1988 (Cth) and Australian Privacy Principles (APPs)
• Relevant State and Territory Property and Real Estate Legislation (e.g. Property, Stock and Business Agents Act 2002 (NSW), Estate Agents Act 1980 (VIC))
• Corporations Act 2001 (for AFSL‑regulated and managed investment scheme activities)
• AS ISO 19600:2015 Compliance management systems (superseded but still commonly referenced as good practice)
• AS ISO 37001:2019 Anti‑bribery management systems
• Safe Work Australia – Model Code of Practice: Managing the Work Environment and Facilities (for safe, respectful client meetings and inspections)