Property industry

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The proactive compliance program was established in 1999. The function of the program is to assist agents in complying with legislative requirements, to identify and rectify areas of risk and provide advice to agents. Objectives of the proactive compliance program are to: promote a culture of...
Settlement agents and conveyancers
The Settlement Agents Act 1981 gives the Commissioner the power to make arrangements in respect of fidelity and professional indemnity insurance for settlement agents operating in Western Australia. Where the Commissioner considers it necessary, a Master Policy Agreement with an insurer can be...
Settlement agents and conveyancers
Whether you have to provide a refund, repair, replacement or compensation to a consumer for problems with goods or services depends on whether you have met consumer guarantees set by Australian law. You are responsible for understanding your legal obligations. Australia’s consumer protection...
Guarantees and warranties
Information on the benefits of using licensed tradespeople Licensing systems are in place to ensure only competent tradespeople carry out installation and repair work. Using a licensed tradesperson ensures the person completing the work is familiar with all necessary regulations and relevant...
Building or renovating a property
One of the largest investments anyone will make is building a new home. The Building Commission provides information about licensed builders or obtaining a builder's licence . Licenced builders’ advertising needs to comply with the Australian Consumer Law, for more information read the Department's...
Building or renovating a property
48-hour clause Where an offer is subject to the sale of your home the seller may want to include a ’48-hour clause’. Should the seller then receive an unconditional or subject to finance only offer you will have 48 hours to make your offer unconditional or your contract will be cancelled. This...
Buying a property
Centrelink and the Department of Veterans’ Affairs offer another way to release equity in your home through the Pension Loans Scheme. The scheme allows pensioners on a part pension and some people not eligible for a pension to increase their fortnightly income by applying for a loan. The loan is...
Accessing equity
Reverse mortgages allow you to use the equity in your home to obtain money by way of a loan. Interest is charged as fixed or variable and there are fees and charges, just like any other loan, except you don't have to make repayments while you live in your home. No repayments are necessary until you...
Accessing equity
In planning housing and lifestyle options, some people consider re-financing options that allow them to access equity built up in their existing home. Equity is the difference between the value of your home and any amount you still owe on it. The accessing equity fact sheet is available in the...
Accessing equity
Before you make any major decision about your housing options, please research your options thoroughly. It is a good idea to review the laws relating to your accommodation choice and to get independent advice. Resources Acts and regulations Copies of the Acts listed in this guide can be found at...
Seniors Housing Advisory Centre

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Publications

The approved activities listed in this document are for participants to attend in order to complete the required seven compulsory professional development (CPD) points of elective activity per...
Consumer Protection
Information
31 May 2018
21 March 2017 Real Estate misconduct: Reprimands and fines Your attention is drawn to a number of recent prosecution actions taken against real estate agencies, agents and sales representatives. The...
Consumer Protection
Bulletin
07 Apr 2017
22 March 2017 Register now - Information sessions for the electronic lodgement of land transfer documents Landgate invites all members of the conveyancing industry to attend a face-to-face or webinar...
Consumer Protection
Bulletin
22 Mar 2017
2 March 2017 All agents who hold a current triennial certificate and have held or received monies in trust during the 2016 calendar year, or part thereof, are required to have their trust accounts...
Consumer Protection
Bulletin
15 Mar 2017
24 Feburary Settlement agents have recently notified the Department about being approached by a Victorian company regarding possible business arrangements that has raised concern. The Victorian...
Consumer Protection
Bulletin
28 Feb 2017
Elective activities must be approved by the Commissioner for Consumer Protection. Trainers are invited to submit professional development activities, which meet the aims and purpose of the CPD...
Consumer Protection
Form – application
31 May 2018
15 February 2016 A review of the Auction Sales Act 1973 (the Act) has been commenced by the Consumer Protection Division of the Department of Commerce (Consumer Protection). The purpose of this...
Consumer Protection
Bulletin
16 Feb 2017
All settlement agents who hold or receive money on behalf of others relating to a settlement transaction in Western Australia are required to open and maintain trust accounts. The Settlement Agents...
Consumer Protection
Guide / handbook
22 Mar 2018
Charts showing the process for serving notices to tenants for a breach.
Consumer Protection
Information
10 Feb 2017
8 February 2017 Compulsory Professional Development (CPD) is a legal requirement for all licensed settlement agents. Failure to complete your CPD requirements could result in your triennial...
Consumer Protection
Bulletin
09 Feb 2017

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Announcements

Perth roof repairer Stuart Anthony Hartigan, trading as Perth Roofing Solutions, has been successfully prosecuted by the Building Commissioner for contractual offences he committed in contracting for building work at a Maylands property in September 2014.
Building Commission
Media release
14 Dec 2015
A Perth real estate agency is believed to have lost more than $50,000 in an elaborate accommodation scam which also involved them organising a Greek interpreter for a fictitious wedding. The agency, which deals with short-term and long-term holiday rentals, received a call last month from a man claiming to be from England requesting to book one week’s accommodation for a wedding party of eight...
Consumer Protection
Media release
14 Dec 2015
A real estate agent has had his licence suspended for a year and has been fined $10,000 after being reprimanded by the State Administrative Tribunal (SAT) for mismanaging the agency’s trust accounts. This penalty took into account the eighteen months in which he did not perform the duties of a licensed agent immediately prior to the SAT decision. Steven Charles Webster , who was sole Director of...
Consumer Protection
Media release
11 Dec 2015
Registered building contractor John Anthony Kaminski (reg. BC3878) , as the nominated supervisor for the company TLF Construction Group Pty Ltd (reg. BC11766), has been fined $2,000 by the Building Services Board for negligent conduct and failing to properly manage and supervise a building project, following a disciplinary proceeding under the Building Services (Registration) Act 2011 .
Building Commission
Media release
07 Dec 2015
The State Government has announced reforms for building in bushfire-prone areas of Western Australia. The Department of Fire and Emergency Services has prepared a map which identifies the bushfire-prone areas across the State. A bushfire hazard assessment will be required for new homes in areas identified as bushfire-prone on the map. The assessment will determine the level of construction...
Building Commission
Department News
07 Dec 2015
East Perth builder Predrag Jedinko Turibaka (reg. BC9323 & BP9323) has been fined $1,000 by the Building Services Board for negligent conduct under the Building Services (Registration) Act 2011 in relation to residential building work projects in West Leederville and Fremantle.
Building Commission
Media release
02 Dec 2015
With Acting Consumer Protection Commissioner Gary Newcombe When you think of Consumer Protection you might associate the agency with helping people who have bought products or services, however tenancy is a big part of what we do. Recently, a landlord who spent tenants’ security bonds, harassed a tenant and took too much rent money up front, was fined $24,000 after we prosecuted him. 37-year-old...
Consumer Protection
Department News
09 Nov 2015
WA consumers who signed up to rent-to-buy property deals will receive a total of $70,000 compensation as settlement of Supreme Court action taken by Consumer Protection against the promoters of the scheme. The compensation will go to three groups of consumers who agreed to take part in rent-to-buy property deals promoted by Presto Property Solutions Pty Ltd and its Director Ms Rowan Amanda Lines...
Consumer Protection
Media release
05 Nov 2015
A landlord who spent tenants’ security bonds, harassed a tenant and took too much rent money up front, has been fined $24,000 after Consumer Protection prosecuted him for breaching tenancy laws. 37-year-old Carl Raymond Olsen of Meekatharra, who owned and leased out a property in High Wycombe during 2013 and 2014, failed to appear at the Midland Magistrates Court to face charges on 27 October...
Consumer Protection
Media release
29 Oct 2015
A real estate agent has been reprimanded and fined $3,000 by the State Administrative Tribunal for failing to exercise due skill, care and diligence over the depositing and recording of payments from tenants. Chukwudi Nnamdi Ejindu , trading as Black Swan Real Estate of Landsdale, had accepted 13 cash payments from tenants between January 2013 and June 2014 and held them in his office safe. It...
Consumer Protection
Media release
22 Oct 2015

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