Hi there. In NSW, there are regulations that set out the general rules of conduct for real estate agents, including how they handle confidential client information. The regulations clearly state that confidential information, obtained by an agent while acting on behalf of a client, should not be disclosed unless the client consents or the agent is legally required to disclose the information. If an agent unlawfully discloses a client’s confidential information, they may be subject to disciplinary action by NSW Fair Trading.

NSW Fair Trading (www.fairtrading.nsw.gov.au) handles complaints about alleged breaches of the rules of conduct governing real estate agents. In your case, if you did not consent to the release of your personal information and the agent was not required to disclose it by law, you can lodge a formal complaint against the agent. However, before lodging a complaint online, you must be able to prove that you have contacted, or tried to contact, the agent to resolve the issue, otherwise Fair Trading NSW may not accept your complaint until you can prove this.

Once a complaint is lodged, Fair Trading NSW may investigate and take disciplinary action against the agency or individual agent if they are satisfied there has been a breach of the rules. The disciplinary action taken depending on the facts of each case, and ranges from a written warning to suspension or cancellation of an agent’s practising certificate.

You also said that the person to whom your personal details were disclosed has been threatening and blackmailing you. This person may be committing one or more criminal offences, such as blackmail, extortion or stalking. These are serious crimes with serious penalties. You should report this person’s behaviour to your local police station so they can properly investigate your matter.

Suggested way forward

You should consider lodging a formal complaint with Fair Trading NSW against the real estate agent. The conduct of the other person who is blackmailing and threatening you should be reported to the police. You may also want to consider speaking to a lawyer who will help you understand your rights and legal options. By pressing the “Consult a Lawyer” button, LawAdvisor can help you search for experienced lawyers and obtain fee proposals for their services. Costs for legal advice and representation will vary between providers based on experience and the scope of services.