Consumer Protection

All Australian businesses must comply with the Australian Consumer Law. This law also applies to the property industry. 

As a supplier, you must ensure your standard form consumer contracts comply with national unfair contract terms laws.

These protect consumers against contract terms that:

• would cause a significant imbalance in the parties' rights and obligations under a contract;
• are not reasonably necessary to protect the trader; or
• would cause detriment (financial or otherwise) to a consumer.

You must not include terms that allow you to:

Whatever disposal method is used for the goods, be sure to keep a record of communication with the customer, every notice sent and documents relating to your costs for storing and disposing of the goods.

The Disposal of Uncollected Goods Act 1970 requires that within seven days of selling or disposing of uncollected goods you must record the details of the sale or disposal in either Form 13 or Form 14, depending on whether it is a disposal by Court Order. This record together with the notices sent to your customer need to be kept for six years.

There are procedures to follow if your customer gives you a ‘notice of dispute’ within one month of you serving them with a Form 1, Form 2 or Form 4 as set out in the Disposal of Uncollected Goods Regulations 1971. There is no prescribed notice of dispute in the Regulations but it needs to set out in adequate detail what the owner of the goods is disputing.

An owner of the goods may refuse to either:

If you sell the goods (pursuant to a court order)

Deduct from the proceeds all of your lawful and reasonable moneys owed, charges and sale expenses (including advertising, storage, sales commission, insurance, etc.

If there is a shortfall, you may claim the balance from the party who left the goods with you, as a debt in a court of competent jurisdiction.

There are certain forms you need to use when notifying the various people of your intention to dispose of goods. Following these procedures and using the correct forms can save you problems later, particularly if your customers turn up wanting their goods. You should be aware that penalties apply for offences against the Act.

The procedures for disposing of goods differ for the three types of uncollected goods:

Generally, service of documents can be done by:

• delivering them to the party personally;
• posting them to the party’s last known address; or
• leaving them at the party’s residence, or if they are a principal of a business, at the usual or last known place of business.

In the case of a corporation or association, you can serve the documents by delivering or posting them to its principal place of business or registered office in Western Australia.

Many businesses are left holding goods which customers never return to collect. These goods often become a nuisance and take up valuable storage space. It is sometimes in your best interest to dispose of them.

If you decide to take this action, the Disposal of Uncollected Goods Act 1970 and its regulations set out procedures to be followed.

There are several options when buying property. Each type of property suits different needs and budgets.

Established property

An established property is an existing home and may have already been lived in.

When buying an established property, you should consider:

Follow these steps to help you find the right property to meet your needs.