29 November 2023
The Western Australian Government has today introduced legislation into Parliament which proposes a series of residential tenancy law reforms that will directly affect landlords, property managers and real estate agents.
Read More12 October 2023
Western Australia (WA) Consumer Protection has reported the state’s first case involving the jailing of a former property manager for trust account fraud. After being found to have unlawfully stolen over $140,000 in trust account funds, the agent has been sentenced to serve thirteen months in prison.
It was determined that the agent had made 141 unauthorised withdrawals from client trust accounts totalling $140,744.37, between the years 2020 and 2022.
This prosecution was enabled under amendments made to the Real Estate and Business Agents Act 1978 in January 2020, when the penalty for trust account fraud was increased to a fine of $25,000 – or two years’ imprisonment. Previously, the penalty for this type of offence in WA was a maximum fine of $3,000.
Read More8 September 2023
Western Australia (WA) Consumer Protection has announced on its website today that it has taken action against a Victoria Park real estate agent for sending an email “littered with racist and offensive language“ to their former tenants regarding the disposal of their security bond.
The agent was reprimanded and personally suspended by the WA State Administrative Tribunal for eight months from 1 September 2023.
WA Consumer Protection reports that the offending email centred around the agent’s harmful and racist views towards persons of Indian background.
Please note: The text within contains references/quotes to the suspended agent’s comments and may cause offence or distress to some readers.
Read More4 August 2023
Industry updates: NSW Government announces change to temporary accommodation access support people in crisis // NSW Government introduces rental commissioner role // Queensland Residential Tenancies Authority reports over 114,000 outstanding bond payments // NSW stock agent news: Sheep and goat electronic ID grants open for saleyards and processors
Disciplinary action: Victorian agents hit with over $500k in fines for underquoting // Consumer Affairs Victoria commences action against agency for practising while unlicensed.
Legislative changes: NSW Government engages community consultation for further changes to rental laws // No-cause evictions to be banned in South Australia.
7 July 2023
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Industry updates: Over $300,000 stolen from WA real estate trust account by scammers // Update on NSW rent bidding ban compliance.
Disciplinary action: NSW real estate agent sentenced to two years imprisonment following 121 counts of fraud // Former Victorian estate agents representative banned from industry for 10 years, fined $2,500 // Former Victorian agent sentenced for misuse of over $100,000 in trust money.
Legislative changes: Rent bidding banned in South Australia // New laws around rent increase frequency for Queensland commenced 1 July 2023.
Feature blog: ‘Protecting your real estate business from scam activity and fraud’.
26 June 2023
Less than a month after a real estate agent lost $43,080 and two settlement agents lost a combined $64,468, a Western Australia real estate agent has lost $329,500 in trust account money after falling victim to a remote access bank scam last week.
Western Australia Consumer Protection reports that the scammer convinced the agent to download remote access software to their computer, which the scammer then used to access the agency trust account. The scammers were successful in completing a range of transactions out of the trust account while on the phone with the victim. The agent’s real bank then called to alert them that they were concerned about possible fraudulent activity on their account.
We recently published a blog post on protecting your real estate business from scam activity and fraud.
Read More20 June 2023
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Industry updates: Scammers target real estate and settlement industry trust accounts // Northern Territory 'Water Plan' announced, providing water security for Territory residents.
Disciplinary action: WA agency fined over failure to act in best interest of clients // Victorian estate agent prosecuted for alleged trust account misuse // Queensland agent sentenced to eight years in jail for fraud // Victorian agent jailed for trust account misuse.
Legislative changes: NSW portable bond scheme and further reform to recent laws around rent bidding // WA Consumer Protection announces changes to tenancy laws // South Australia rental reforms: An update on laws for renting with pets.
Important reminder: ACT CPD due 30 June 2023 for licence holders.
30 May 2023
Agents in Western Australia are being urged by Consumer Protection to stay vigilant when it comes to fraud prevention and suspicious scam-like activity.
Consumer Protection has reported that in the past two days, WA ScamNet received one report from a real estate agent who advised they’d lost a total of $43,080, and two reports from settlement agents who lost a total of $64,468.28.
Read More26 May 2023
Significant changes to Western Australian tenancy laws have been announced, in an effort to “improve rights for renters and provide certainty for landlords”.
The changes centre around prohibiting the practice of rent bidding, reducing the frequency at which rent may be increased, and allowing greater freedom for tenants around making minor modifications to a rental property and keeping pets on premises.
Read More10 May 2023
Western Australia Consumer Protection has reported details on its website today surrounding a WA agency’s failure to act in the best interest of its clients.
Consumer Protection carried out disciplinary actions on the agency by reprimanding its actions and issuing the agency $6,000 in fines for breaching the Real Estate and Business Agents Act 1978 and the Code of Conduct under the Act. The agency’s principal was also reprimanded, in addition to being fined $4,000, “for failing to exercise due care, diligence and skill in her supervision of the agency in relation to the breach.”
Read More5 May 2023
Site-wide Mother’s Day discount code!
Industry updates: NSW Fair Trading's recommendations for the handling of personal information and tenancy applications, Changes to NSW CPD for 2023-2024.
Disciplinary action: Unlicensed individual acting as WA agent ordered to pay over $23,000 in fines and costs.
Legislative changes: Rent increase limits and minimum housing standards for Queensland tenancies.
Important reminder: ACT CPD due 30 June 2023 for licence holders.
6 April 2023
An unlicensed individual acting as a property manager in Willetton, Perth has been ordered to pay costs of $5,718.16, in addition to being fined a total of $18,000 by the Perth Magistrates Court.
The individual is reported to have “entered into property management agreements, found tenants, negotiated and collected rents, paid water bills and carried out property inspections and repairs” as an unlicensed person, breaching the Real Estate and Business Agents Act 1978 to a significant degree.
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