New South Wales has passed the biggest change to its underquoting laws in a decade. The Property and Stock Agents Amendment (Underquoting and Other Agent Conduct) Act 2026 is arriving in stages. When the main part starts, residential sale advertising will need a price, and online advertising will need a Statement of Information. The NSW rules name social media outright, so your Facebook and Instagram listing posts are clearly in scope.
This guide covers what is already in force, what is coming and when, and what it means for social media. NSW Fair Trading explains the changes in full on its page Changes to property and stock agents laws, and that page, not this one, is the place to check what the law requires.
What is already in force
The rules NSW agents already work under have not gone away:
- Your estimate goes in the agency agreement, and it has to stay a reasonable estimate of the likely selling price. If it changes, you tell the seller, amend the agreement and fix any advertising below the new estimate.
- No price below your estimate. A seller can ask you to advertise higher, never lower.
- Ranges of no more than 10%. A range starting at $500,000 can go no higher than $550,000.
- No “offers over” and no “+”. “$500,000+” is not a price.
The first stage of the 2026 Act started on 29 June 2026. It raised maximum court penalties to $110,000 for a corporation and $55,000 for an individual for some offences, dummy bidding at auctions among them, and gave Fair Trading new powers: it can require an agent to publicise their misconduct, have an agent’s estimated selling price verified by an independent valuer or the licensee in charge, and suspend an agent from property sales.
What is coming
The second stage waits on regulations and an approved form. Fair Trading’s page says it is currently expected towards the end of 2026. Fair Trading has told licensees it expects the advertising and pricing rules in November 2026 and the Statement of Information in February 2027. Neither date is fixed yet, so watch for the official announcement.
A price in every ad
- Advertising for a residential sale must include a selling price or a price range. That covers websites, social media, apps, email and other electronic communication.
- Signs on or next to the property are exempt, and the regulations may allow other limited exemptions. A sign that does show a price still has to follow the price rules.
- No price, or bottom of a range, below any of these: your estimated selling price, the highest bid from a registered bidder at a passed-in auction, or a written offer the seller rejected only because it was too low.
- Online ads must be updated or removed within one business day when they no longer comply. Other advertising as soon as practicable.
The Statement of Information
- Every residential sale needs one, on an approved form published by NSW Fair Trading, including the comparable sales you identified.
- Online advertising must include it or link to a copy on a website. Again, that covers social media, apps and email, not just the portals.
- It is displayed at inspections, and given to a prospective buyer within 2 business days if they ask for it or for the contract.
Penalties
The new Act lifts the maximum court penalty for underquoting from $22,000 to $110,000 or three times the agent’s commission, whichever is higher. Failing to comply with the Statement of Information rules carries up to $27,500.
What it means for social media
Because the NSW rules list social media by name, there is no grey area: a listing post on Facebook or Instagram is an advertisement. Once stage 2 starts:
- Every sale post needs a price. “Contact agent” or “price on application” will not do in a post you arrange to publish.
- Every sale post needs the Statement of Information, or a link to it, once that part starts.
- Posts that are already out count too. If your estimate goes up, a post still showing the old price has to be updated or removed within one business day. A portal listing changes when your CRM does. A Facebook post from last week does not.
- Stories need a route to the statement. A story has no caption to carry a link, so the graphic or your profile has to point buyers to it.
The one-business-day rule is the one to plan for. Decide now who in your office edits or removes old posts when a price changes, because a scheduled post or an old story graphic will keep showing whatever price it was made with.
Rental posts in NSW
Lease posts have their own rules, and they are already in force. Since 17 December 2022 an agent must not advertise a residential property for rent unless the advertisement states the fixed rent, and must not invite offers above it.
More is coming. A bill passed on 24 September 2026 will require landlords and agents to disclose when photos in a rental ad have been digitally altered or generated to hide faults, with penalties of up to $22,000 for businesses. It is expected to start in early 2027.
How Dripflow helps
The NSW Statement of Information does not exist yet, so there is nothing for Dripflow to add to your posts for it today. What Dripflow does now:
- Your price, word for word. Dripflow posts the price exactly as your CRM sends it. We never add “from” or “offers over”, and never reword a range. So the price in your CRM is the price in your posts, and that is the place to get it right.
- Posts already out stay as they are. Dripflow does not change a post once it is published. When a price changes, edit or remove the older posts yourself, inside the one business day.
When the Statement of Information starts and CRMs begin sending it with NSW listings, we will look at adding it to NSW listing posts and stories.
Who is responsible for compliance
Compliance with the underquoting laws stays with the agent and the agency, as it always has. Dripflow is a tool that helps you get your listings in front of buyers. Where it can see a likely problem, we flag it, and we will look at doing the same for these NSW rules as they start. But Dripflow cannot see your estimated selling price, the bids at an auction or the offers a seller has rejected, so it cannot confirm that your advertising complies, and it does not replace legal advice. It can only post the price your CRM sends, so the price, and keeping it up to date, remain in your hands.
What we can do is our best to stay on top of it. We follow NSW Fair Trading’s guidance as it is updated, talk to the agencies who use Dripflow about what their posts need, and update Dripflow as the rules and the guidance change. If you spot something we have missed, let us know and we will look into it.
This article is a summary, not legal advice, and parts of it describe rules that have not started yet. Check NSW Fair Trading’s changes page and its underquoting guidance, and your agency’s compliance team, before relying on any summary, this one included.
Frequently asked questions
When do the new NSW rules start?
Stage 1 started on 29 June 2026. The price in every ad rules are expected in November 2026 and the Statement of Information in February 2027. Both dates are expected, not fixed, so check NSW Fair Trading for the official start.
Is a Facebook or Instagram post really an advertisement in NSW?
Yes. The NSW rules list social media platforms, alongside websites, apps and email, as online advertising.
Do I need to do anything in Dripflow?
Not yet. Make sure the price in your CRM is one you are allowed to advertise, because that is what Dripflow posts. Once the Statement of Information starts, make sure your CRM sends it with each NSW listing.
Does this apply to rentals?
The price and Statement of Information rules are for residential sales. Rental ads already have their own rule: the fixed rent has to be in the ad. See how automatic listing posts work in Dripflow.