In real estate, no one is untouchable. It doesn’t matter how many sales you effect or how big your profile becomes. If you fall short on compliance and ethics, the consequences can be swift and severe, explains Attwood Marshall Lawyers’ Property & Commercial Senior Associate, Mieke Elzer.
The Josh Tesolin Case
Josh Tesolin built a name as one of Sydney’s top agents. He was a multi-million-dollar earner and well known across the industry. In August 2025, all of that came undone when NSW Fair Trading suspended both his licence and the licence of his company for four-months.
The suspension followed findings of repeated breaches of the Property and Stock Agents Act. The issues included:
- Underquoting on more than 100 residential properties
- Dummy bidding at auctions
- Submitting false documents to Fair Trading
Using high-pressure sales tactics in breach of the rules of conduct
The impact was immediate. His Ray White franchise agreement was terminated, and Deloitte was appointed to manage his business during the suspension period.
Why this matters to every agent
Josh Tesolin’s case is not just about one high-profile agent. It is a reminder that no level of success protects you from the regulator. The rules apply equally to everyone, and the penalties can extend far beyond the suspension itself.
The main lessons for all agents are clear:
- Compliance is critical
The Property and Stock Agents Act is not optional. Fair Trading has made it plain that underquoting, dummy bidding and misrepresentation are a top enforcement priority. - Be transparent on price
Underquoting misleads buyers and sellers and undermines confidence in the market. Always ensure your estimates are evidence-based and properly documented. - Keep documents accurate
Submitting false or misleading paperwork is never worth the risk. If the regulator finds you have done so, the penalties are serious. - Check your sales style
High-pressure tactics may generate a quick result, but they can cross the line into misconduct. Long-term trust and referrals come from professionalism, not pressure. - Protect your brand
Franchise and network agreements depend on compliance. If you fall short, you put not only your licence but also your business relationships at risk.
What you should do now
There are practical steps every agent and principal can take to protect themselves and their businesses.
- Stay up to date with legislative changes and guidance notes from Fair Trading
- Put in place regular compliance audits across marketing, quoting and auction practices
- Train your staff on ethical conduct and legal obligations
- Create clear internal policies around providing price estimates
Treat complaints as an opportunity to fix issues early rather than wait for Fair Trading to intervene
The takeaway
The Josh Tesolin suspension is a stark warning. Big sales numbers do not shield you from consequences. Misrepresentation, false paperwork or aggressive behaviour will put your licence and your reputation on the line.
Your most valuable asset is not your commission sheet. It is your licence, your integrity and the trust you build in the community. Protect those first.
Attwood Marshall Lawyers – your local property law experts
Attwood Marshall Lawyers have lawyers specialising in both Queensland and New South Wales property transactions. Our lawyers have in-depth knowledge of Tax Residency laws for Sellers, as well as Buyer obligations under the FRCGW Regime.
As a PEXA-certified law firm, we ensure settlements proceed smoothly and happen on time, without any surprises.
Our offices are located at Coolangatta, Kingscliff, Robina Town Centre, Southport, Brisbane, Sydney, and Melbourne. Our lawyers can meet with you at a location most convenient.
Additionally, our Robina Town Centre office is open Thursday night until 9 pm and Saturday morning until 12 noon if you need to make an appointment outside of regular business hours.
To get professional and prompt legal advice, please contact our Property and Commercial Law Department Manager, Jess Kimpton on direct line 07 5506 8214, email jkimpton@attwoodmarshall.com.au or call our 24/7 phone line on 1800 621 071.
