Real estate advertising rules in Australia: what your print must and must not say
Real estate advertising rules for printed property marketing in NSW, Victoria and Queensland: agent details, price wording, ACL, photo editing and a proof list.
By Proof & Print · Updated · 6 min read
Printed real estate marketing in Australia sits under two layers of law: the state or territory law that licenses agents and controls how prices are advertised, and the Australian Consumer Law (ACL), which prohibits misleading conduct everywhere. A brochure, board or letterbox card is held to the same standard as an online listing, but once it is printed, you cannot quietly edit it.
This is general information, not legal advice. The rules change, they differ between states, and parts of what follows come from regulator summaries rather than the legislation itself. Have your principal or lawyer confirm anything you rely on, and check with your state regulator.
Does the Australian Consumer Law apply to printed real estate marketing?
Yes. Every state's agents are bound by the ACL, set out in Schedule 2 of the Competition and Consumer Act 2010. Three provisions matter most for property print:
- Section 18 prohibits conduct that is misleading or deceptive, or likely to mislead or deceive.
- Section 29 prohibits false or misleading representations about goods or services.
- Section 30 deals specifically with false or misleading representations about the sale or grant of interests in land, including its location, characteristics and price.
The ACCC says it is illegal for agents to mislead consumers whether or not they mean to, and that advertising a property well below its likely selling price to draw interest can be misleading. Intent is not the test. A brochure that leaves a reasonable buyer with the wrong impression can breach the ACL even if every individual sentence is technically true.
What are the real estate advertising rules for print in NSW?
In NSW, printed property advertising must identify the licence holder, must not underquote the likely selling price, and must not use photographs or distance claims that mislead.
Licensee details. NSW requires advertising to identify the licence holder, whether that is an individual, a corporation, a registered business name or a partnership, and to disclose an agent's interest in a property they are advertising (NSW Government).
Underquoting. Under the Property and Stock Agents Act 2002, an agent must not advertise or state a price for a residential property that is less than their reasonable estimate of the likely selling price. That estimate is recorded in the agency agreement and must be updated if the agent's view changes during the campaign (NSW Fair Trading). Wording such as "offers over", "offers above" or a price followed by a plus sign is not permitted, and a price range should not span more than 10 percent.
Photographs and claims. NSW guidance warns against images that suggest a view the home does not have, photographs that no longer reflect the property's condition, and vague distance claims. Photographs of nearby places should be labelled as such, and distances should be stated specifically (NSW advertising guidelines).
What are the real estate advertising rules for print in Victoria?
In Victoria, printed property advertising must not underquote or use price qualifiers, and agents must meet the Statement of Information and new Property Price Statement requirements.
Underquoting and price wording. Under the Estate Agents Act 1980, an advertised price must not be lower than the agent's estimated selling price, the seller's asking price, or an offer the seller has already rejected. A price can be a single figure or a range of no more than 10 percent, and it cannot use qualifying words or symbols such as "from", "offers above" or "+" (Consumer Affairs Victoria).
Statement of Information and the Property Price Statement. Victoria has required a Statement of Information, setting out the indicative selling price, comparable sales and the suburb median, to be displayed at open inspections and given to buyers on request. Reforms in 2026 introduce a Property Price Statement for auctions and fixed-date sales held on and from 16 October 2026, require agents to ask the seller for their reserve in writing, and require the reserve to be published at least seven days before the auction or fixed-date sale as a single dollar amount without qualifiers (Consumer Affairs Victoria).
For print, the practical consequence is timing. A brochure that states a price guide printed before the reserve is published may be out of step with the agent's obligations once the reserve is set. Many Victorian agencies keep price off printed pieces and direct buyers to the current statement.
What are the real estate advertising rules for print in Queensland?
Queensland regulates agents under the Property Occupations Act 2014. For auctions, the Act restricts agents from stating a price guide or price information to prospective buyers. For other sale methods, the Queensland Government notes that an advertised price relates to the seller's listing price in the appointment form, and that an advertisement can be misleading if the agent knows the seller's information on that form is incorrect (Queensland Government).
What real estate advertising rules apply in the other states and territories?
South Australia, Western Australia, Tasmania, the ACT and the Northern Territory each have their own agent licensing laws and advertising requirements. The ACL applies everywhere. If your agency works across borders, keep a short written note of each state's requirements next to your brand masters so every new template starts compliant.
Can agents edit or virtually stage photos in printed property marketing?
There is no single national rule for edited sale photographs, but the ACL applies to images as much as to words. Basic corrections such as cropping, straightening and brightening are widely accepted. Edits that remove power lines or neighbouring buildings, hide damage, change a view, or make a room look larger than it is risk misleading buyers.
Virtual staging, where furniture is added digitally, is common. Labelling staged or AI-generated images on the page, for example "Virtually staged" in the corner of the photograph, is sensible practice. NSW has legislated disclosure of digitally altered or AI-generated images in rental advertising, reported to take effect in 2027. Expect sales advertising to move in the same direction.
What should you check on a property marketing proof before it prints?
Check these ten points on every real estate brochure, board and card before the vendor signs off:
- Agency and licensee details present and current, in the form your state requires.
- Agent names and numbers match the people actually running the campaign.
- Price wording matches the agent's current estimate, uses no prohibited qualifiers, and any range is within the state limit.
- Auction or sale date is correct, and in Victoria, consistent with the reserve publication timing.
- Facts (bedrooms, bathrooms, parking, land size, zoning, school zones) checked against the contract, title or council records.
- Distances stated specifically, not as "close to" or "walking distance".
- Photographs current, taken from the property where they imply a view, and edited only within reason.
- Staged or altered images labelled.
- Floor plan marked as indicative unless drawn to scale.
- Vendor approval recorded in writing.
Our own proof check flags missing licence details and inconsistent names or numbers. We flag gaps; we do not give legal advice or decide what your state requires. For more on brochure proofing see real estate brochure printing, and for open home documents see the open home print checklist.
Your consultant can keep your compliant templates on file so every listing starts from an approved master. See our real estate page for how we work with agencies.
Sources
- Property and Stock Agents Act 2002 (NSW), NSW Legislation (accessed 17 October 2026)
- Underquoting guidance for property professionals, NSW Fair Trading (accessed 17 October 2026)
- Real estate agent advertising laws NSW, NSW Government (accessed 17 October 2026)
- Advertising guidelines for property agents in NSW, NSW Government (accessed 17 October 2026)
- Underquoting information for real estate agents, Consumer Affairs Victoria (accessed 17 October 2026)
- New changes to property sales and underquoting laws, Consumer Affairs Victoria (accessed 17 October 2026)
- Property advertising, Queensland Government (accessed 17 October 2026)
- Real estate, Australian Competition and Consumer Commission (accessed 17 October 2026)
- Competition and Consumer Act 2010 (Cth), Schedule 2 (Australian Consumer Law), Federal Register of Legislation (accessed 17 October 2026)
This article is general information, not legal, planning or professional advice. Check anything that matters with the relevant authority or your adviser.