Property industry

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Refunds of licence fees will be considered with reference to the particular circumstances, and the requirements of the Real Estate and Business Agents Act 1978 (“the REBA Act”) and associated Regulations. The Commissioner may in “special circumstances” refund the whole or part of any fee paid for a...
Real estate agents and sales representatives
The lessor can ask a prospective tenant to complete an application form to help them assess the suitability of a tenant. A lessor can also look in a tenancy database . If they do they must let the prospective tenant know, in writing, which database they use and if they find any information. A...
Beginning a tenancy
Consumer protection regularly produces and updates publications about real estate laws and licensing. The below links will provide you with real estate specific information. Bulletins Real estate bulletins issue 63 through to current Archive issues 1 - 62 (June 2011 - June 2014). Forms Application...
Real estate agents and sales representatives
Participants operating outside of the Western Australia, or in its remote and regional areas, will be given adequate opportunities to obtain their CPD points. A remote participant is any participant whose principal place of business falls outside a 100 km radius of Perth or Busselton. To assist...
Settlement agents and conveyancers
Retirement village resources and sources of information There are a number of sources of information about retirement villages in Western Australia, some of which are outlined below. Consumer Protection: Contact the Seniors' Housing Centre on 1300 367 057. Read the So you're thinking of moving into...
Living in a retirement village
Most properties in Western Australia are sold through an offer and acceptance process. A person makes a formal offer in writing to buy a property, and the seller, sometimes called the vendor, can either make a counter offer, reject the offer, or accept it and communicate that acceptance to the...
Property contracts (offer and acceptance)
A real estate auction is the process of buying and selling property by offering it to bidders at a forum conducted by a licensed auctioneer. Application for an auctioneer’s licence is made to the Magistrates Court of Western Australia . The property will be sold by an auctioneer to the bidder who...
Selling a property
Another option for building is to buy a block of land and build on the land at a later date. You should be aware that choosing a block of land can affect the cost of building and the design of house that will be possible to build. Making a good choice of block will depend on a number of factors,...
Buying a property
Residential park residents (tenants) are covered by a set of specific laws. If you are simply staying at a residential park for a holiday you are not covered by the same laws, however you still have general consumer rights. You are not covered by residential park laws if you are: on holiday; a park...
Site agreements
Think carefully before s igning a contract for a n established property as t here is no requirement for a cooling-off period in WA. The bottom of the offer and acceptance contract has space for you and the seller to include terms (or special conditions) in the contract. If the seller has included...
Property contracts (offer and acceptance)

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Publications

SETTLEMENT AND BUSINESS AGENTS Part IV Settlement Agents Act 1981 REQUEST FOR APPROVAL OF AUDITOR APPOINTMENT - Settlement agents
Consumer Protection
Form – notification
29 Aug 2018
Notification of closed/amended trust account SETTLEMENT AND BUSINESS AGENTS Part IV Settlement Agents Act 1981 Agents should advise the Commissioner for Consumer Protection as soon as practicable or...
Consumer Protection
Form – notification
31 Aug 2018
Notification of opening a trust account - Settlement agents SETTLEMENT AND BUSINESS AGENTS Part IV Settlement Agents Act 1981 Agents should advise the Commissioner for Consumer Protection as soon as...
Consumer Protection
Form – notification
31 Aug 2018
Example of a covering letter for an audit report Your Ref: Our Ref: Enquiries: Date: The Commissioner, Consumer Protection Department of Mines, Industry Regulation and Safety Locked Bag 14 Cloisters...
Consumer Protection
Information
29 Aug 2018
Settlement Agents Act 1981 50. Receipts and accounting to principal When a settlement agent receives money for or on behalf of any other person, the agent shall unless the money is received by...
Consumer Protection
Information
29 Aug 2018
Statutory declaration. Settlment Agents Act 1981 Section 67 Declaration of no receipt of trust funds
Consumer Protection
Form – notification
29 Aug 2018
27 August A Broome real estate agent has been fined by the State Administrative Tribunal for failing to properly supervise an employee who had made an unauthorised withdrawal from the agency’s trust...
Consumer Protection
Bulletin
27 Aug 2018
August 2018 Welcome to the inaugural Consumer Protection WA residential parks bulletin, we are glad to have you on board. The new bulletin makes it easier for you to stay on top of your professional...
Consumer Protection
Bulletin
23 Aug 2018
August 2018 Changes have been applied by the Federal Government from 1 July 2018, regarding the liability for the goods and services tax (GST). Purchasers of new residential premises and new...
Consumer Protection
Bulletin
23 Aug 2018
7 August Health and safety issue: mould, electrical safety & unsafe pool gate latches Don’t let mould take hold During the winter months, household mould can take hold. Aside from being unsightly...
Consumer Protection
Bulletin
08 Aug 2018

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Announcements

A WA real estate agency and sales representative have been fined $12,000 each as part of State Administrative Tribunal (SAT) disciplinary action by Consumer Protection over dishonest conduct during property sale transactions. Sunrun Nominees Pty Ltd trading as House Real Estate WA and Frank Andrew Torre are subject to orders after contravening the Real Estate and Business Agents Act 1978 and the...
Consumer Protection
Media release
24 Feb 2017
Consumer Protection is seeking public comment as part of a review of the laws covering the licensing and conduct of auctioneers in WA. Currently under the Auction Sales Act, auctioneer licences are issued by local Magistrates Courts with WA Police checks used to determine if applicants are fit and proper people. Acting Commissioner for Consumer Protection David Hillyard said the review will look...
Consumer Protection
Media release
22 Dec 2016
Consumer Protection is planning to take tougher action against real estate agents and private landlords with an increasing number of tenancy bonds being lodged late.
Consumer Protection
Media release
28 Nov 2016
Kalbarri man Peter John Barry Ikin , trading as Cape York Connections , has been successfully prosecuted by the Building Commissioner for carrying out unregistered painting work at eight Mid West properties between December 2013 and June 2015.
Building Commission
Media release
14 Nov 2016
With Acting Commissioner for Consumer Protection, David Hillyard Tenancy laws in WA are under review in a bid to support victims of family violence who live in rental homes. It’s your chance to have a say because community feedback is now invited. An options paper has been released outlining proposed amendments to the Residential Tenancies Act that are designed to complement the Restraining...
Consumer Protection
Department News
10 Nov 2016
A Morley real estate agency has been reprimanded and fined by the State Administrative Tribunal for failing to comply with laws relating to the operation of trust accounts. Realocate Australia Pty Ltd , trading as Realty Executives , was fined $5,000 and licensee Keith Howes was fined $1,500 after admitting to the breaches. Both were ordered to pay a total of $1,000 in costs. Consumer Protection...
Consumer Protection
Media release
02 Nov 2016
The best way to ensure quality painting and plumbing work, and to make sure only ‘fit and proper’ persons are entering your client’s homes and places of business, is to engage appropriately registered and licensed tradespersons. Painters’ registration requirements Individuals, partnerships and companies that contract with others to provide painting services valued over $1,000 must be registered...
Building Commission
Department News
01 Nov 2016
Western Australia's tenancy laws are under review to better protect and support victims of family violence in rental properties. Attorney General and Commerce Minister Michael Mischin said an options paper had been released which proposed changes to the Residential Tenancies Act 1987 to complement the Restraining Orders and Related Legislation Amendment (Family Violence) Bill 2016, which was...
Consumer Protection
Media release
28 Oct 2016
A former York real estate agent and his son have been found to have engaged in misleading conduct after a ‘deceitful’ land deal which resulted in a $6 million profit for family members. The State Administrative Tribunal (SAT) has upheld allegations by Consumer Protection against former licensees The King and I Pty Ltd , formerly trading as Colin King Real Estate , and its director Colin Maxwell...
Consumer Protection
Media release
27 Oct 2016
Francesco Di Labio (reg. BP7903 – expired), as the nominated supervisor of Dianella building company Frayson Pty Ltd (BC8331 – cancelled), has been ordered by the State Administrative Tribunal (SAT) to pay a fine of $15,000 and costs of $1,000 as a result of disciplinary action by the Building Services Board.
Building Commission
Media release
24 Oct 2016

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