Fines and reprimand for real estate agency over property management offences (South Coast Realty (WA) Pty Ltd / Rental Solutions / Kim Turner)

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ConsumerProperty industry

A Perth city real estate agency and its licensee have been reprimanded and fined a total of $5,000 by the State Administrative Tribunal (SAT) over offences relating to their property management practices.

South Coast Realty (WA) Pty Ltd, trading as Rental Solutions of Hay Street Perth, was fined $3,000 for eight offences under the Real Estate and Business Agents Act and the Code of Conduct which occurred between November 2013 and January 2016.

The agency failed in its duties under the Code of Conduct by:

  • Failing to provide five reports to one client relating to inspections carried out on two rental properties;
  • Failing to attend court relating to the dispersal of a bond on a property under its management;
  • Failing to respond to a client’s requests and enquiries regarding their property;
  • Failing to lodge a bond with the Bond Administrator within 14 days;
  • Failing to invoice and record its trust ledger advertising costs payable by its client in a timely and accurate manner;
  • Failing to properly update accounting software resulting in overcharging client commissions that later had to be repaid;
  • Failing to repay funds owing to a property owner in a timely manner following the termination of the management authority; and
  • Failing to provide a property condition report to a client within the required seven days.

Director and supervisor of the agency Kim Edward Turner was fined $2,000 for failing to properly supervise the agency and take steps to ensure that staff complied with the relevant laws.

Commissioner for Consumer Protection David Hillyard said the multiple breaches are unacceptable.

“While there is no suggestion of dishonesty in this case, there was a serious lack of compliance with laws which are designed to ensure the efficient and professional operation of a real estate agency to protect the interests of both property owners and tenants,” Mr Hillyard said.

“It’s a strict requirement of all real estate agent licences that every aspect of the Act and the Codes of Conduct are adhered to by the principles and their staff. Failure to do so may result in disciplinary action being taken.”

Rental Solutions has since ceased business.

In March 2015, the agency and Mr Turner were fined a total of $4,000 by the SAT over the misuse of the agency’s trust account: 

https://www.commerce.wa.gov.au/announcements/property-management-company-fined-after-trust-account-audit-rental-solutions-kim

More information on the obligations of real estate agents, sales representatives and property managers is available on the Consumer Protection website: www.consumerprotection.wa.gov.au or enquiries can be made by email consumer@dmirs.wa.gov.au or by calling 1300 30 40 54.

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Media Contact: Alan Hynd, (08) 6552 9248 / 0429 078 791 / alan.hynd@dmirs.wa.gov.au  

Consumer Protection
Media release
23 Mar 2018

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