Opinion

    Real Estate in 2026: Why It Feels Like I'm Studying for a Law Degree

    Real Estate in 2026: Why It Feels Like I'm Studying for a Law Degree

    People still think real estate is about open homes, a good suit and a strong handshake. In 2026, writes Stockdale & Leggo's Catherine Rogers, it's closer to a law degree.

    Catherine Rogers | Chief Operating Officer and Head of AML, Stockdale & Leggo

    4 min readOpinion

    People still think real estate is about open homes, a good suit and a strong handshake. In 2026, I'd argue it's closer to a law degree.

    This week proves it. Any Victorian auction on 16 October had to have its reserve published by Friday, 9 October. That rule didn't exist a month ago. It lands on top of a federal anti-money laundering regime that started in July, rental reforms from November and March, and the workplace, privacy and cyber laws every office already lives with.

    I'm not complaining. I'm saying the job has changed, and we should be honest about what it now takes.

    The Estate Agents Act keeps getting thicker

    From 1 October, we must get the seller's reserve in writing and publish it at least 7 days before an auction or fixed-date sale. Miss it, and the sale can't go ahead. Sold prices must be published within 7 days of going unconditional.

    Even the regulator's own Q&A has to explain what happens if a reserve changes mid-week, and the REIV is still asking the Minister how pre-auction offers will work. When the peak body needs statutory interpretation, so does the agent at the auction.

    Then there's education. Agents' representatives must register from 25 November 2026, and annual CPD with written assessments starts 1 April 2027. Compulsory, assessed, every year. That's how lawyers are regulated.

    Property managers' job descriptions just keep growing

    The Residential Tenancies Act has been amended so often that I track commencement dates like a paralegal. Since November 2025: no rental bidding, no no-fault evictions, minimum standards before a property is even advertised. Since March 2026: one standard application form, and no asking for anything outside it.

    This isn't theoretical. Ask an applicant one question too many and the maximum penalty for a company runs into the tens of thousands of dollars. The regulator has already made a major application platform rewrite its forms.

    We're now financial gatekeepers

    The biggest change of the year is federal. Since 1 July 2026, agents are reporting entities under the AML/CTF Act. We have to enrol with AUSTRAC, run an AML/CTF program, verify and risk-rate clients, screen for sanctions, keep records and report suspicious matters.

    Think about what that asks of a salesperson. We're trained to build rapport and close. Now we must also judge whether there are reasonable grounds for suspicion, write down why, and never tip the client off. That is a lawyer's skill set, not a sales one.

    Privacy has caught up with us

    We hold passports, payslips and bank statements. Many small agencies used to sit outside the Privacy Act under the $3 million turnover exemption. Not anymore. Becoming an AML reporting entity means the Privacy Act applies to that data, whatever your size.

    People can now sue for serious invasions of privacy. So, we must collect more personal information for AML, and keep less of it for privacy. Balancing those is a legal judgement.

    Our trust accounts make us a target

    Agencies move deposits, bonds and rent every day. One spoofed email with new bank details can cost a buyer their deposit and an agency its name. Cybersecurity is no longer the IT guy's problem. It's ours.

    Running an agency means running an employer

    Few industries mix salaries, wages plus commission, commission-only staff and contractors in one office like we do. Each model has its own rules under the Real Estate Industry Award, and job titles don't decide classification; the actual work does.

    Small agencies now carry the right to disconnect, awkward in a business built on Saturday opens and 8pm calls. Intentional underpayment is a crime. And since December 2025, Victorian employers must formally manage psychosocial hazards like burnout, aggressive clients and brutal targets.

    Add the Sale of Land Act, the Australian Consumer Law, the Owners Corporations Act and equal opportunity law, and you have a syllabus longer than most first-year law students face.

    Why every office needs a compliance person

    Here's my real point. No agent can hold all of this in their head while listing, negotiating and managing a rent roll. Expecting them to is how good people make expensive mistakes.

    Every agency needs someone whose job is compliance. Not the principal squeezing it in on Sunday night. A named person who:

    • Tracks every new law and commencement date before it bites
    • Owns the AML/CTF program (the law already requires a compliance officer)
    • Checks files, trust records and rental applications before the regulator does
    • Trains the team and keeps CPD on track
    • Is the first call when something feels off, from a strange buyer to a suspicious email

    For a small agency that might be a part-time role or an outsourced service. That's fine. What isn't fine is nobody.

    People see it as a cost. I see it as insurance. One underquoting fine can run past $48,000, one unlawful application question can cost a company tens of thousands, and one redirected deposit can end a reputation. A good compliance person pays for themselves the first time they stop one of those.

    The career hasn't got worse. It's grown up.

    Our industry has asked to be treated as a profession for years. In 2026, the law took us at our word. It's still a great career for people who love property and people. It just comes with a reading list now, and the agencies that win will be the ones with someone in the office who has actually read it.

    Catherine Rogers is Chief Operating Officer and Head of AML at Stockdale & Leggo.

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