How Real Estate Agents Can Reduce Liability with Pool Compliance in ACT
How Real Estate Agents Can Reduce Liability with Pool Compliance
The Compliance Question: Certify Now or Wait?
“Should I get the pool certified before I list — or wait until the offer is signed?”
That’s one of the most common decisions ACT real estate agents face. With pool safety regulations now mandatory across the ACT, the timing of Form 23 certification can impact everything from buyer confidence to settlement dates.
Listing first without certification might save a few days — but it often introduces weeks of delay and avoidable liability.
Risk 1: Delayed Settlement from Failed Inspection
If the Form 23 is left until post-contract, and the property fails inspection, settlement will be delayed.
Some agents assume the inspection can happen during the cooling-off period — but repairs and reinspections often take longer.
A single broken gate latch or non-compliant fence panel can stall the deal, frustrate buyers, and jeopardize handover timelines.
Risk 2: Agent Liability for Incomplete Disclosures
ACT law places the burden of disclosure on the agent — not just the vendor. If you list a home with a pool and fail to verify certification status, you could be exposed to complaint, reputational risk, or worse.
Even if your vendor “thought” it was compliant, you may be held responsible for not checking.
Risk 3: Buyer Objections or Renegotiation
Buyers today are more informed — and cautious.
If the pool compliance isn’t already handled, they may:
Lower their offer
Add conditional clauses
Walk away at the final stages
In each case, the root problem is uncertainty — and it’s avoidable with early certification.
Safer Path: Pre-Certify Listings
Getting the Form 23 in place before listing offers three key advantages:
You can disclose early and confidently
You remove delays from the settlement process
You eliminate stress for both seller and buyer
Most ACT agents who pre-certify say the process builds trust and speeds up sales.
Agent CTA: Add Compliance to Every Listing
Add “Form 23 compliance” to your internal checklist.
Ask vendors for their certificate — and check the date
If it’s missing or expired, book a pre-inspection early
Use our team to guide vendors through quick remediation
📍 Book a Pre-Inspection →
📘 Learn ACT Pool Rules for Agents →
From Tom
We work with agents every week — and we’ve seen deals fall apart over pool gate latches.
Don’t let a last-minute fix cost your vendor a buyer. Book early, get the certificate, and list with confidence.
