Property industry

Topics

Circumstances of Abandonment The most common circumstances in which a tenant vacates a property and leaves goods behind are: tenancy has ended normally tenancy has been terminated by a court order tenant has been evicted by the bailiff tenant has abandoned the property owing rent tenant has been...
When a tenancy ends
Ending a tenancy by mutual agreement If both the landlord and tenant agree, in writing, the tenancy agreement should end on a specified date, this is also acceptable and none of the more formal procedures (such as issuing notices) need apply. It’s important to ensure both parties sign a clear,...
When a tenancy ends
A copy of the information below can be found in our publication Buying off the plan Buying “off-the-plan” can mean many things but generally involves signing a contract with a developer before the developer has obtained final approval to subdivide land that is being purchased or, in the case of a...
Buying a property
To ensure that the RCDs fitted to your property perform correctly, they must be tested at regular intervals. Energy Safety recommends that each RCD be tested every three months.
Residual Current Devices (RCD)
Information about RCD laws for homeowners, real estate agents, settlement agents, landlords, tenants and property managers. Homeowners A minimum of two RCDs protecting all power and lighting circuits must be fitted to a residential property before it can be sold and the transfer of title takes...
Residual Current Devices (RCD)
Some licence applications, or documents required in support of an application, are required to be signed or certified by an authorised witness. Professions listed as authorised witnesses by the Oaths, Affidavits and Statutory Declarations Act 2005 include: Academic (post-secondary institution)...
Police checks and application witnesses
Licence applications must generally be accompanied by an Australian police check for all individuals associated with the application. Police checks must be issued in the individual's full legal name. Please note: original documents will not be returned. As such, duly certified copies will be...
Police checks and application witnesses
Individuals who are licensed or registered in any other State/Territory of Australia or New Zealand to seek the equivalent category of licence in Western Australia (WA), known as the principles of “mutual recognition”. Mutual recognition does not apply to partnerships (firms) or bodies corporate (...
Mutual recognition of non-WA licence
The Land Valuers Licensing Act 1978 (the Act) and Land Valuers Licensing Regulations 1979 (the Regulations) impose serious obligations on the land valuing industry and the way it operates. Failing to meet these obligations can result in the Department issuing an infringement notice, prosecuting...
Land valuers
The Proactive Compliance program assists land valuers in complying with legislative requirements, identifying and rectifying areas of risk, and providing advice. This is achieved through voluntary visits and industry seminars. Proactive compliance visits The visits are designed to educate land...
Land valuers

Pages

Publications

3 December 2015 Looking to improve practices at your agency? Considering these common issues identified during recent proactive compliance visits by the Department of Commerce (the Department) may...
Consumer Protection
Bulletin
03 Dec 2015
12 November 2015 The Department of Commerce (the Department) has recently become aware of a new business scheme in relation to online advertising which may raise a potential conflict of interest and...
Consumer Protection
Bulletin
18 Nov 2015
5 November 2015 A lessor has been fined $24,000 after the Consumer Protection Division of the Department of Commerce (Consumer Protection) prosecuted him for breaches of the Residential Tenancies Act...
Consumer Protection
Bulletin
18 Nov 2015
29 October 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...
Consumer Protection
Bulletin
08 Sep 2017
21 October 2015 The Department of Commerce (the Department) reminds agents and sales representatives of their obligations in relation to the advertising and marketing that may be placed to promote...
Consumer Protection
Bulletin
29 Oct 2015
7 October 2015 The Department of Commerce (the Department) would like to remind agents and property managers to check the qualifications and licence status, if applicable, of tradespeople that they...
Consumer Protection
Bulletin
14 Oct 2015
2 October The Department of Commerce (the Department) would like to remind settlement agents about the legislation requirements in relation to rewards for referrals. Section 44(7) of the Settlement...
Consumer Protection
Bulletin
07 Oct 2015
2 October The Department of Commerce (the Department) would like to remind agents and sales representatives about the legislation requirements in relation to rewards for referrals. Section 44(7) of...
Consumer Protection
Bulletin
07 Oct 2015
24 September 2015 A Kalgoorlie real estate agency and its licensee have been reprimanded, fined $8,000 and the agent suspended from holding a licence and triennial certificate for nine months by the...
Consumer Protection
Bulletin
29 Sep 2015
18 September 2015 A Mandurah real estate agency and one of its sales representatives have been fined for failing to disclose important information about a property prior to its sale. LBC Holdings Pty...
Consumer Protection
Bulletin
08 Sep 2017

Pages

Announcements

A property manager has been disqualified from holding a real estate and business agents’ licence and triennial certificate for five years for failing to deposit income from rental properties into a trust account. Van Dung Nguyen, formerly of Girrawheen, was also fined $3,000 by the State Administrative Tribunal on 20 November 2014. Mr Nguyen faced disciplinary action by Consumer Protection after...
Consumer Protection
Media release
24 Nov 2014
Removal of some licence application requirements eases the burden on business Criteria to qualify as a ‘small retail shop’ expanded Significant reductions in red tape for Western Australian businesses, as well as further easing of retail trading restrictions. Commerce Minister Michael Mischin said changes to the Consumer Protection Legislation Amendment Bill 2013 would help the retail, motor...
Consumer Protection
Media release
19 Nov 2014
Free app provides handy information for tenants Useful reminders and other tools help tenants know their legal rights Western Australian tenants will be able to manage their tenancy at the click of a button thanks to a new smartphone app launched today. Commerce Minister Michael Mischin said the free app would help tenants easily calculate the maximum amount they might have to pay a landlord...
Consumer Protection
Media release
08 Oct 2014
A settlement agent has been cautioned by the State Administrative Tribunal over the misuse of his trust account. Sydney James Chesson , trading as Master Settlements of St Georges Terrace Perth, had used his trust account for transactions which were not for the purpose of a settlement, a breach of the Settlement Agents Act. In issuing a caution on 30 September 2014 rather than imposing a fine,...
Consumer Protection
Media release
07 Oct 2014
After fifteen years being based at the Forrest Centre on St Georges Terrace in Perth, Consumer Protection has moved to a new CBD location. The main location is Gordon Stephenson House, 140 William Street Perth with front counter services available on Level 2. The move is in line with the state government's plan to consolidate existing office space for the public service. Consumer Protection’s...
Consumer Protection
Media release
30 Sep 2014
The St Georges Terrace office of Consumer Protection is moving offices over the September long weekend and in preparation it will close early this Friday . Bonds will close at 1.00pm; while all other services (including our Contact Centre) will close at 3.30pm. While there may be some minor services disruptions, we expect to be fully operational by 10.00am, Tuesday 30 September 2014. If you have...
Consumer Protection
Department News
22 Sep 2014
A South Perth real estate agency and its former property manager have been fined by the State Administrative Tribunal (SAT) for breaching the Real Estate and Business Agents Act in the management of two rental properties and the operation of their trust accounts. Prosser Real Estate Pty Ltd , trading as Swan River Real Estate , was fined a total of $15,000 and ordered to pay Court costs of $2,500...
Consumer Protection
Media release
10 Sep 2014
A new contract for the Seniors’ Housing Centre will ensure the partnership between Consumer Protection and peak seniors’ organisation, the Council on the Ageing Western Australia (COTA WA), will continue to help seniors get advice about housing options. The centre is funded by the State Government through the Department of Commerce, and the Department of Local Government and Communities. Commerce...
Consumer Protection
Media release
19 Aug 2014
A real estate sales representative has been fined $3,500 for misconduct over the sale of a Warnbro property in November 2012. Consumer Protection took disciplinary action against Dane Stephen Rawlings after an investigation into the sale found he had breached the Code of Conduct for Agents and Sales Representatives. Mr Rawlings faced two charges and was fined $1,500 and $2,000 on each by the...
Consumer Protection
Media release
12 Aug 2014
WA authorities have warned real estate and settlement agents to be on high alert following the reported real estate fraud in the ACT. Commissioner for Consumer Protection Anne Driscoll believes the criminals responsible will be encouraged by their success to make further fraud attempts. “Everyone in the property industry, particularly those involved in property management and sales, should have a...
Consumer Protection
Media release
24 Jul 2014

Pages

Subscribe to Topics
Subscribe to RSS - Property industry