Western Australia Consumer Protection issues $16,000 in fines over unregistered sales representative

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Western Australia Consumer Protection issues $16,000 in fines over unregistered sales representative

24 November 2022

Western Australia Consumer Protection has published a tribunal outcome on its website this week, detailing disciplinary action taken against a Perth agency for breaches under the Real Estate and Business Agents Act 1978. The breaches involved improper supervision of the agency and an unregistered individual working as a sales representative, who was found to also be accepting commission payments.

The disciplinary action was administered in the form of $16,000 worth of fines to the persons involved.

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Further misconduct within Victorian property industry: Former agent charged for misusing trust funds

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Further misconduct within Victorian property industry: Former agent charged for misusing trust funds

23 November 2022

As the result of several legal actions currently underway in the Victorian Civil and Administrative Tribunal (VCAT) and the courts, yet another estate agent has been charged for trust fund misappropriation.

The now-former estate agent was found to have embezzled more than $100,000 in funds belonging to their clients.

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Review of Western Australia's domestic violence tenancy law reforms

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Review of Western Australia's domestic violence tenancy law reforms

23 November 2022

Western Australia Consumer Protection has advised they will be conducting community consultation on changes to residential tenancy laws that came into effect in April 2019. The aim of the consultation campaign is to seek feedback as to the effectiveness of the family and domestic violence provisions that currently exist, while assessing the impact they have had on affected tenants and landlords.

The consultation will take place from 25 November to 10 December 2022.

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Former Victorian agent sentenced to community corrections order and 300 hours of unpaid community work

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Former Victorian agent sentenced to community corrections order and 300 hours of unpaid community work

21 November 2022

Consumer Affairs Victoria (CAV) recently reported that a former Victorian estate agent has been convicted of withdrawing more than $100,000 worth of trust account funds, with the intention of abusing the funds for their own personal use (a deposit on a commercial property in the Melbourne CBD).

The outcome follows earlier court proceedings against the agent, which commenced back in February 2021.

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Tasmanian agent has licence suspended, ordered to pay a total of $12,500

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Tasmanian agent has licence suspended, ordered to pay a total of $12,500

16 November 2022

The Property Agents Board of Tasmania (‘The Board’) has published a recent tribunal decision on their website this month. The redacted tribunal outcome details disciplinary action taken against an agent for improper operation as a licensed property agent while engaged to manage the rental properties of four separate clients.

The Board’s complaints against the property agent relate to “conduct not of a reasonable standard of competence and diligence,” and claim that the agent was guilty of ‘professional misconduct’ and ‘unsatisfactory professional conduct’ as defined under section 83 of the Property Agents and Land Transactions Act 2016.

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

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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

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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

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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

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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

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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

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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

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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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