Consumer Protection

23 June 2017

Impact on property sales of $750,000 or more

On 1 July 2017, the proposed changes to the Foreign Resident Capital Gains Withholding (FRCGW) rate and threshold will take effect.

These changes will apply to contracts entered into on, or after 1 July 2017 for real property disposals where the contract price is $750,000 and above.  The FRCGW tax rate will also change from the existing rate of 10% to 12.5%. 

19 June 2017

From 1 September 2016, it has been mandatory for real estate agents to carry out electronic bond transactions.

The feedback from agents about the BondsOnline etransaction service (BondsOnline) has been extremely positive.  Agents have realised the benefits of conducting electronic transactions include:

14 June 2017

Consumer Protection is seeking community and Industry feedback about whether new laws should be introduced to regulate boarding and lodging in WA.

Boarders and lodgers are currently not covered by the Residential Tenancies Act, although boarding premises accommodating six or more people need to be registered with local government and comply with planning, health and other regulations.

14 June 2017

Consumer Protection is seeking community and Industry feedback about whether new laws should be introduced to regulate boarding and lodging in WA.

Boarders and lodgers are currently not covered by the Residential Tenancies Act, although boarding premises accommodating six or more people need to be registered with local government and comply with planning, health and other regulations.

Commonly reported trust account audit qualifications for real estate and business agents and how to deal with them

For settlement agents, see Trust account audit qualifications for settlement agents.

The following list of questions are commonly reported and should be used as a guide.  

2 June 2017

A property manager who stole tenants’ money has been banned for nine months, fined $3,000 and reprimanded by the State Administrative Tribunal (SAT).

Brendan Geoffrey Dabinett of Morley was also ordered by the SAT to pay costs of $1,200. He admitted to breaching the Residential Tenancies Act, the Real Estate and Business Agents Act and the Code of Conduct for Agents and Sales Representatives by:

25 May 2017

A Perth real estate agency’s computer system has been accessed by scammers, resulting in bogus advertisements being posted on numerous rental accommodation websites.

Actions are being taken to have the fake ads removed and block / close an email address being used by the scammers (see the image for the relevant email address beginning "rentscall@").

28 April 2017

A new Australian Standard applies from 1 May 2017 to new installations of smoke alarms in residential dwellings. Importantly, this includes new smoke alarms installed in dwellings subject to transfer of ownership, lease or hire and replacement alarms in dwellings leased or hired.  This does not trigger a requirement to replace existing compliant alarms.

28 April 2017 

A new Australian Standard applies from 1 May 2017 to new installations of smoke alarms in residential dwellings. Importantly, this includes new smoke alarms installed in dwellings subject to transfer of ownership, lease or hire and replacement alarms in dwellings leased or hired.  This does not trigger a requirement to replace existing compliant alarms.

24 April 2017

Bonds lodgement required within 14 days.

Since 1 December 2016, Consumer Protection has taken a tougher stance where residential tenancy bonds have not been lodged within the required time.  A delay in lodging bond money puts the funds at risk. 

The law states that security bonds must be lodged with the Bond Administrator within 14 days of being received from the tenant/s.