NSW commercial agents, have your say on changes to the Retail Leases Act

NSW commercial agents, have your say on changes to the Retail Leases Act

16 November 2022

NSW Fair Trading has advised in a media release this week that the regulator intends to review the NSW Retail Leases Act 1994 (‘the Act’). The changes will impact landlords, investors and tenants of retail/commercial property.

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First steps taken to review South Australia's residential tenancy laws

First steps taken to review South Australia's residential tenancy laws

15 November 2022

South Australia Consumer and Business Services (CBS) recently announced its intentions to reform the state’s current residential tenancy legislation, the Residential Tenancies Act 1995 (‘the Act’).

As of 15 November 2022, consultation with industry participants, including tenants, landlords, real estate agents and housing organisations has commenced. The consultation has allowed for the release of a discussion paper, marking the start of the most extensive review of the Act since 2014.

Consultation is open until 5 PM, Friday 16 December.

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Consumer Affairs Victoria: Estate agent’s licence cancelled for trust account failures

Consumer Affairs Victoria: Estate agent’s licence cancelled for trust account failures

7 November 2022

Consumer Affairs Victoria (CAV) has reported today that a now former Victorian estate agent has been heavily penalised through the revocation of their licence. The disciplinary action comes about as a result of repeated failure to effectively manage the agency's trust accounts and maintain proper trust account records.

CAV had previously reprimanded the agent for breaching their duties under the Estate Agents Act 1980 and its regulations.

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NSW Fair Trading inspectors targeting strata manager supervision requirements

NSW Fair Trading inspectors targeting strata manager supervision requirements

17 October 2022

NSW Fair Trading has today reported — in their Property Matters newsletter — that they are taking compliance actions against strata managing agents that do not meet their obligations.

The inspections are being undertaken as part of the regulator’s Strata Managing Agent compliance program, which involves targeting supervision requirements during inspections of NSW strata companies.

NSW Fair Trading has advised that “of the 44 inspections conducted during a recent one-week operation, 86% (38) were found to be breaching their obligations under property laws”.

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SA Consumer and Business Services to review residential tenancy legislation

SA Consumer and Business Services to review residential tenancy legislation

29 September 2022

South Australia Consumer and Business Services (CBS) announced in their ‘CBS Connect’ newsletter this week that they intend to review the current residential tenancy legislation, the Residential Tenancies Act 1995 (‘the Act’).

The announcement comes off the back of a recent forum held by CBS, where a discussion about issues in the SA private rental market was had. The intention of the review is to “modernise SA's rental legislation”.

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Residential Tenancies Authority Queensland: Remember, new rental laws commence on 1 October 2022

Residential Tenancies Authority Queensland: Remember, new rental laws commence on 1 October 2022

27 September 2022

The Queensland Residential Tenancies Authority (RTA) is encouraging tenants, property managers, and property owners to take time to understand the upcoming rental law reforms, including how the changes may impact their rights and obligations, and to make necessary preparations.

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Consumer Affairs Victoria to crack down on underquoting

Consumer Affairs Victoria to crack down on underquoting

14 September 2022

Consumer Affairs Victoria (CAV) has reported today that they will be targeting unfair business practices used by unethical estate agents, including the practice of underquoting. The property industry regulator has been allocated $3.8 million to allow inspectors, investigators, information analysts, and legal officers to effectively carry out the task.

Underquoting involves advertising a property for sale at “a price below the estimated selling price, the seller's asking price, or a price that has been rejected as too low by the seller”.

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Consumer Affairs Victoria: Court outcome for agency that threatened to interfere with tenants' legal access to their homes

Consumer Affairs Victoria: Court outcome for agency that threatened to interfere with tenants' legal access to their homes

12 September 2022

Consumer Affairs Victoria (CAV) has published a court outcome notice on their website today, advising that an estate agency has been convicted and fined in the Melbourne Magistrates’ Court. The conviction and disciplinary action are the result of the estate agency’s threats to deny three international students legal access to their rental properties at the beginning of the COVID-19 pandemic.

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WA Consumer Protection: Fake social media accounts used to scam eager renters

WA Consumer Protection: Fake social media accounts used to scam eager renters

7 September 2022

WA Consumer Protection has reported a rise in fake social media ads that make use of stolen images of legitimate rental properties, to lure in people eager to secure a rental property. Victims of these scams have fallen into the trap of making hasty decisions and transferring money to secure a rental property without carrying out proper checks. Consumer Protection has advised that landlords and agents must also be cautious when posting ads for rental properties, as scammers may respond.

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Consumer Affairs Victoria: Disciplinary proceedings commence against agent with history of misconduct

Consumer Affairs Victoria: Disciplinary proceedings commence against agent with history of misconduct

7 September 2022

Consumer Affairs Victoria (CAV) published a news alert on their website last week, outlining action being taken against an estate agent with a history of unprofessional conduct. The alleged misconduct includes the mishandling of clients’ money. The agent is now facing the prospect of being banned from holding an estate agent licence.

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NSW Fair Trading: New Property and Stock Agents Regulation 2022

NSW Fair Trading: New Property and Stock Agents Regulation 2022

30 August 2022

NSW Fair Trading has released a notice, advising that there are updated rules for real estate agents, stock and station agents, strata managing agents, and assistant agents. These rules will start on 1 September 2022.

The new Property and Stock Agents Regulation 2022 supports the Property and Stock Agents Act 2002.

What’s changed?

Almost all agent obligations remain the same. There are some minor changes that improve consumer protections and reduce the administrative load for agents.

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QLD Fair Trading: Sunshine Coast real estate director and company fined for improper use of trust money

QLD Fair Trading: Sunshine Coast real estate director and company fined for improper use of trust money

22 August 2022

Queensland Fair Trading has reported this month that a Sunshine Coast real estate director and his company have been fined $13,000 in the Maroochydore Magistrates Court (18 August 2022) for using trust money to pay business expenses and to buy another business.

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