Consumer Protection

All real estate agents and real estate business agents who hold or receive money on behalf of others relating to a real estate transaction in Western Australia are required to open and maintain trust accounts. The Real Estate and Business Agents Act 1978 (the Act) and the Real Estate and Business Agents (General) Regulations 1979 (the Regulations) require the strict maintenance of a formal set of trust account records that show at any time the state of a real estate agent’s trust account.

3 November 2016

Realty Executives / Keith Howes

A Morley real estate agency has been reprimanded and fined by the State Administrative Tribunal for failing to comply with laws relating to the operation of trust accounts.

Realocate Australia Pty Ltd, trading as Realty Executives, was fined $5,000 and licensee Keith Howes was fined $1,500 after admitting to the breaches. Both were ordered to pay a total of $1,000 in costs.

(The King and I Pty Ltd / Colin King / Paul King)

The following information outlines details of a recent case that Consumer Protection took to the State Administration Tribunal (SAT).

A former York real estate agent and his son have been found to have engaged in misleading conduct after a ‘deceitful’ land deal which resulted in a $6 million profit for family members.

The purpose of this options paper is to seek stakeholder feedback into preferred drafting options to amend the Residential Tenancies Act 1987 so that victims of family violence are able to achieve better outcomes from the justice system in relation to their tenancy agreements.

10 October 2016

With less than three months remaining for the 2016 calendar year the Department reminds you to check your Compulsory Professional Development (CPD) points tally. 

If you have not obtained all of your 2016 points you should secure a place in the available courses now.  You risk missing out if you leave it to the last few weeks of the year to book. 

All licensees with current triennial certificates, and all sales representatives and property managers with current registrations, must complete the required CPD activities each year.

3 October 2016

A review of the Licensed Valuers Code of Conduct 2011 (old Code) under the Land Valuers Licensing Act 1978 has been completed following a consultation period held in April and May of this year that provided industry members with the opportunity to make comment on the proposed changes to the Code.

The Licensed Valuers Code of Conduct 2016 (new Code) is to be gazetted 30 September 2016 and will take effect on 1 October 2016.

3 October 2016

A review of the Settlement Agents’ Code of Conduct 1982  (old Code) under the Settlement Agents Act 1981 has been completed following a consultation period held in April and May of this year that provided industry members with the opportunity to make comment on the proposed changes to the Code.

The Settlement Agents Code of Conduct 2016 (new Code) is to be gazetted on 4 October 2016 and will take effect on 5 October 2016.

3 October 2016

A review of the Code of Conduct for Agents and Sales Representatives 2011 (old Code) under the Real Estate and Business Agents Act 1978 (the REBA Act) has been completed following a consultation period held in April and May of this year that provided industry members with the opportunity to make comment on the proposed changes to the Code.

The Code of Conduct for Agents and Sales Representatives 2016 (new Code) is to be gazetted 4 October 2016 and will take effect on 5 October 2016.