Property industry

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Rule 23 of the Licensed Valuers Code of Conduct states a licensed valuer shall maintain a risk management program. Risk management in the context of the land valuation industry requires an appreciation of best practice valuation practices and procedure. At minimum, risk management programs are...
Land valuers
A licence may be granted when an applicant can demonstrate they are of good character and repute, competent to carry out the duties of a licensed valuer and they meet the requirements of one of the following categories. Category 1 A Life Fellow, Fellow or Associate of the Australian Property...
Land valuers
Land valuers licensing, registration and code of conduct. The land valuation involves inspecting the property, ascertaining legal ownership and the interest held and gathering relevant information such as the prices similar properties sell for. Other factors come into the valuation, such as the...
Land valuers
Settlement agents licensing, registration and code of conduct In Western Australia, there are two ways a person may arrange settlements or carry on business as a real estate settlement agent (individual, company, or partnership), or a business settlement agent. The first, is to be licensed and hold...
Settlement agents and conveyancers
What is land valuation? The land valuation process involves inspecting the property, ascertaining legal ownership and the interest held and gathering relevant information such as the prices that similar properties sell for. Other factors come into the valuation, such as the saleability of the...
Land valuers, real estate and settlement agents
Remember, you don’t have to use an agent for everything. Some decide to pay a ‘letting fee’ and only use their agent to find a tenant and deal with the bond, while others use their agent to manage their property and/or collect the rent. No matter what you decide, ensure their experience matches...
Property management
If you are dissatisfied with the standard of conduct of a settlement agent, real estate agent or sales representative, the following course of action is recommended: Step 1: Contact the settlement agent, real estate agent or sales representative (or the real estate agent in control of the...
Land valuers, real estate and settlement agents
The Fidelity Guarantee Account helps provide financial reimbursement to people who suffer pecuniary loss or loss of property through the criminal or fraudulent actions of a licensed real estate or business agent, real estate settlement or business settlement agent or their employees in the course...
Land valuers, real estate and settlement agents
Settlement agents set their own fees which must be disclosed to the client in writing prior to entering into any agreement. Agents must not receive a fee above the disclosed amount unless there is a significant change in the scope of the work. Removing the cap and deregulating fees will allow...
Land valuers, real estate and settlement agents
Unless you are a suitably qualified lawyer, it would be very unwise to try to carry out the settlement of your own property. It's a complex and time consuming business, with many traps for the unwary. When you are buying a property, it is necessary for all the paperwork to be completed and all the...
Land valuers, real estate and settlement agents

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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
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

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Announcements

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
Consumer Protection is holding information sessions to explain a current review of the laws that apply to about 29,000 people living long-term in residential parks across WA. Views are being sought from the caravan, mobile home, park home and lifestyle village communities in response to a consultation paper that was released in June 2014. The paper sets out possible options to change the...
Consumer Protection
Media release
15 Jul 2014
Consumer Protection has been granted supervision orders by the State Administrative Tribunal (SAT) to take control of a York real estate agency after its sole director’s licence renewal application was refused and the company was therefore unable to operate the business in compliance with the Real Estate and Business Agents Act. The supervisor appointed by Consumer Protection is Mr Gary Doran of...
Consumer Protection
Media release
10 Jul 2014
Three people have been arrested and charged by South African Police in connection with the attempted fraudulent sale of a home in Western Australia. Two Nigerian men and a South African woman were arrested in Johannesburg on 2 July 2014. The arrests follow a five month intensive investigation by the Major Fraud Squad of the Western Australia Police, with the assistance of the Australian Federal...
Consumer Protection
Media release
04 Jul 2014
Consumer Protection has been granted supervision orders by the State Administrative Tribunal (SAT) to take control of two Perth real estate agencies over the misuse of their trust accounts and inability to operate their businesses within the Real Estate and Business Agents Act. The supervisor’s duties include carrying on the activities of the agent for the purpose of winding up the agency. On 18...
Consumer Protection
Media release
30 Jun 2014
Consumer Protection has sent out a warning to promoters of some property investment schemes who hold “free” public seminars that they must provide information about cooling off periods to attendees. Australian Consumer Law regulators are examining the practices of a number of promoters and WA’s Commissioner for Consumer Protection Anne Driscoll said a common theme had emerged. “In many cases,...
Consumer Protection
Media release
12 Jun 2014

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