Property industry

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If you are serving a notice or issuing documentation (eg property condition reports), you will find certain periods of notice are required for certain actions. It is important you allow the correct number of days for the delivery of a notice because a court may determine the notice is ineffective...
Notices and condition reports
Proper procedures must be observed when serving a notice. If the matter ends up in court, the person who prepared the notice would have to prove the notice was served correctly. Three handy charts were developed to help you understand the use and service on notices, particularly for the breach and...
Notices and condition reports
If you’re unhappy with the way the tenancy is going, for example the care or maintenance of the property or rent payments and inspections, try to sort out the issue amicably first. If you still can’t agree, the Residential Tenancies Act 1987 can help to sort things out in a more formal and...
Having problems with renting a home?
CPD Points How many CPD points must I accrue each year? In accordance with the Regulations, at least three mandatory and seven elective points must be acquired each calendar year. These points must be obtained by undertaking educational activities approved by Consumer Protection. The mandatory and...
Real estate agents and sales representatives
The CPD program is compulsory professional development training for the real estate and business broking industries in Western Australia. All real estate agents and business agents are required to participate in the program and acquire 10 CPD points each calendar year. All sales representatives,...
Real estate agents and sales representatives
Compulsory Professional Development (CPD) is designed to increase the knowledge, skills and professionalism of those working in the real estate and business broking industries. The aim of CPD is to increase consumer protection and promote consumer confidence in the real estate industry. The...
Real estate agents and sales representatives
The Real Estate and Business Agents Act 1978 (The REBA Act) and Residential Tenancies Act 1987 (the RTA Act) imposes serious obligations on the real estate industry and the way it operates. Failing to meet those obligations can result in the Department issuing an infringement notice (also referred...
Real estate agents and sales representatives
The proactive compliance program assists agents in complying with legislative requirements, identifying and rectifying areas of risk, and providing advice to agents. This is achieved through voluntary agency visits and industry seminars. Proactive compliance visits The visits are designed to...
Real estate agents and sales representatives
The Real Estate and Business Agents Act 1978 requires people wanting to work in Western Australia as a real estate and business sales representative to be registered. A sales representative must work under the supervision of a licensed real estate and business agent . Registration requirements To...
Real estate agents and sales representatives
To apply for a partnership or firm licence: all of the natural persons, if any, by whom the firm is constituted and all of the directors of, and all of the persons concerned in the management or control of, any body corporate by which the firm is constituted are persons of good character and repute...
Real estate agents and sales representatives

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Publications

5 April 2017 This bulletin replaces issue 66 Changes to the Sale of Land Act – what you need to know. On 3 April 2017, the Sale of Land Amendment Act 2016 (the Act) came into effect in Western...
Consumer Protection
Bulletin
07 Apr 2017
6 April 2017 South-East Asian crime gangs based in the eastern states are renting homes from Perth landlords and turning them into indoor cannabis farms, causing extensive damage. Consumer Protection...
Consumer Protection
Bulletin
07 Apr 2017
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. Who needs to apply Training providers seeking approval for activities to be included as a part of the compulsory...
Consumer Protection
Form – application
25 Oct 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
14 Aug 2018

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Announcements

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
A review of the laws regulating the tenancy arrangements of about 29,000 people who live long-term in residential parks in WA is currently underway.
Consumer Protection
Media release
06 Jun 2014
The Commissioner for Consumer Protection has succeeded in overturning a decision to allow the Director of Westpoint Realty Pty Ltd (in liquidation), Mr Norman Phillip Carey to renew the certificate that allows him to be a real estate agent. A unanimous judgement by the Court of Appeal this morning (9 January 2014) set aside a previous State Administrative Tribunal ruling which meant that Mr Carey...
Consumer Protection
Media release
09 Jan 2014
Consumer Protection has reminded private landlords in WA that they must lodge new security bonds with the Bond Administrator to comply with changes to tenancy laws which came into effect in July this year. There is a transition period for existing bonds, which will need to be transferred to the Bond Administrator by 31 December 2014. The reminder comes after the Perth Magistrates Court fined a...
Consumer Protection
Media release
16 Sep 2013
Businesses can gain a better understanding of their rights and obligations under the Australian Consumer Law thanks to a series of new industry guides. Commissioner for Consumer Protection Anne Driscoll urges businesses operating in five specific industries covered by the guides, to check them out. “The guides are in relation to electrical and whitegoods; travel and accommodation; personal...
Consumer Protection
Media release
30 Aug 2013
A man has been arrested in Nigeria in connection with the attempted fraudulent sale of a home in Western Australia. Ntuen Promise EKENMINI was apprehended by Nigerian authorities yesterday when he attended an international courier office and attempted to collect documents with a forged driver’s licence in the name of the South African home owner. The documents related to a supposed settlement of...
Consumer Protection
Media release
15 Aug 2013
The property industry in WA has been warned to be on high alert after recent attempts by overseas criminals to fraudulently sell two WA homes. In separate incidents, real estate agents were approached by fraudsters who successfully changed the contact details of the real owners of the properties, who both lived in South Africa. Copies of documents related to the management of the properties were...
Consumer Protection
Media release
06 Feb 2013

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