Sellers · Template
Provider fee disclosure request
Under PCCC Rules 6.2, 6.4, 9.1 (and REA Act s.134 where the licensee is a party to the transaction), a licensee must disclose in writing any benefit or advantage received from recommending a service provider. This template requests specific disclosure of the amounts invoiced vs paid for each agency-referred provider.
When to use this
- Before the sale closes out.
- Any time the agency has arranged and invoiced a provider (inspector, photographer, stager, conveyancer) on your behalf.
- Any time you suspect the invoiced amount exceeds what was paid to the provider.
Use when NOT to send this
- If you engaged the provider directly and paid them directly. In that case, there is no disclosure question — you saw the invoice.
- As a fishing expedition with no specific provider in mind. The template names specific providers; adapt to yours.
The template
Hi [agent first name],
Before the sale of [property address] closes out, I would like to ensure all disclosures under Rules 6.2, 6.4, 9.1 (and REA Act s.134 where the licensee is a party to the transaction) of the Professional Conduct and Client Care Rules 2012 are on the record.
For each of the following providers recommended or arranged by the agency during this sale, please confirm in writing:
- The amount the provider invoiced the agency.
- The amount the agency invoiced me.
- Any referral fee or other benefit received by the agency, the licensee, or any associated party from the provider.
- Any other benefit or advantage received in connection with this recommendation.
Providers to confirm:
- [Building inspector name and company]
- [Photographer name and company]
- [Stager name and company, if applicable]
- [Any other agency-referred provider]
Please reply in writing by [date, 5-7 working days out]. If no such benefits were received, please confirm that explicitly for each provider.
This request is under Rules 6.2, 6.4, 9.1 (and REA Act s.134 where the licensee is a party to the transaction) of the PCCC Rules 2012.
Kind regards,
[Your name]
How to adapt
- Replace bracketed placeholders with your specifics.
- Keep the rule citations. They are the legal basis; removing them weakens the template.
- Keep the yes-or-no structure. "Please confirm...if no such benefits were received, please confirm explicitly" forces a definitive answer.
- Keep the deadline. 5–7 working days is reasonable and sufficient. Longer deadlines get ignored; shorter deadlines are contested as unreasonable.
What the reply tells you
- Full disclosure of a markup. "We invoiced you $X; paid provider $Y; retained $Z for administration." Consistent with fiduciary and fair-dealing duties. You can accept, request an adjustment, or challenge the reasonableness.
- Pass-through confirmation. "We invoiced you the exact amount the provider invoiced us. No benefit was retained." Compliant and clean.
- Evasion or refusal. "Our pricing is commercial-in-confidence" or "this information is not typically disclosed." Not compliant with the fiduciary and fair-dealing duties. Confidentiality is not a defence under the Rule. This reply is itself evidence of a rule breach and supports an REA complaint.
Legal basis
PCCC 2012 does not contain a dedicated "referral benefit disclosure" rule. An earlier version of this template cited Rule 9.15 for that purpose; on verification against the REA's published rule text, Rule 9.15 addresses outside business activities, not referral benefits. The actual legal basis is the combination of:
- Rule 6.1 — fiduciary obligations to the client.
- Rule 6.2 — act in good faith and deal fairly with all parties.
- Rule 6.4 — not mislead, and not withhold information that should in fairness be provided to a customer or client.
- Rule 9.1 — act in the best interests of the client.
- Fair Trading Act 1986 s.9 — no misleading or deceptive conduct in trade.
- REA Act s.134 — covers disclosure where the licensee is a party to the transaction (broader conflict-of-interest scope).
See also Provider fee markups: the invoice question to ask for the full context.