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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 Code of Conduct for Agents and Sales Representatives. In addition to the fines, Sunrun has been reprimanded and must pay $3,000 in costs, while Mr Torre, who is a director and shareholder, will have his sales representative licence suspended for 3 months from 3 March 2017 and has to pay costs of $4,884.
The penalties relate to:
The SAT hearing was on 9 December 2016 and final orders were delivered on 17 February 2017; those in relation to Sunrun were by consent.
Acting Commissioner for Consumer Protection David Hillyard warned a zero tolerance approach will be taken to any agent who undertakes dishonest and inappropriate trust account practices that place clients’ moneys at risk.
“Our case acts as a clear warning to all sales representatives who are directors of corporate real estate agencies that you cannot escape or avoid liability for your actions simply because you are not licensed as a real estate agent,” he said.
“In this instance, Mr Torre sought to argue that as a sales representative, he should be held to a lower standard than that of a fully licensed agent. Our investigation revealed that Mr Torre was the true guiding mind of Sunrun and through our actions in the SAT he’s been held accountable for those transgressions.
“This sends a strong message to the subjects of this disciplinary action and the wider real estate industry in WA that dishonest and unfair behaviour will be detected and result in financial and personal consequences.
“To be licensed and allowed to practice as a real estate agent or sales representative in WA, certain standards of character and fitness must be maintained at all times.”
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