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consumer@demirs.wa.gov.au
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Property investment promoters, or spruikers, invite people to their ‘wealth creation’ seminars, often for free, with the promise of investment tips or opportunities. They typically promote a property investment system or market a specific property development.
The seminars are often promoted through letterbox pamphlets, on social media and by email. At the seminars the spruiker may urge you to buy investment courses or materials such as books and DVDs. They may also offer to provide the finance to buy a property or arrange this through a third party.
Property spruikers are motivated to gain money at your expense. Don’t risk your money and assets because of their misleading advice. Always get independent, professional advice before making any investment.
Journalist, Annabel Hennessy, went to eight seminars for her investigative report "Home truths of Perth’s property investment pitch from the homebuyer seminar circuit". Watch this video for her take on property spruikers and their tactics.
Be wary of:
Fair trading agencies across Australia have found many property spruikers cannot substantiate the success stories and claims of profits they promote.
While the Australian Consumer Law (ACL) prohibits misleading, deceptive and unconscionable conduct, you should not rely on a property spruiker’s advice. Many consumers have had to take legal action to try to recover losses after relying on deceptive claims.
Australian regulators recommend you don’t attend these seminars. If you do go, do your own research and get independent financial and legal advice from licensed professionals (such as lawyers, accountants, financial advisers and real estate agents) with their own professional indemnity insurance. If you’ve been to a seminar where there was no indication goods and/or services would be sold there you may be eligible for a 10 business day cooling-off period for items valued at more than $100. Your right to cancel any commitments made may be extended to six months if you weren’t told about this cooling-off period.
ASIC's MoneySmart website has more information on its investment seminars page.
Be wary of financing methods property spruikers often push to encourage investment.
Some spruikers sell information about investing in property using a self-managed superannuation fund (SMSF). While some experienced investors may benefit from this kind of arrangement it is not to be undertaken lightly. Some of the considerations and costs are outlined on ASIC’s SMSFs and property page.
Some spruikers promote potentially risky land banking schemes where blocks of land are offered before the land has been approved for development. If the land is not rezoned or approved for development buyers may be left with an unsaleable investment worth less than their original purchase price.
Spruikers often promote these transactions to buyers and sellers who are unable to obtain bank loans due to their poor credit history or unstable employment record.
The buyer pays a relatively small deposit for the property and must pay the balance of the purchase price to the seller in regular instalments. Sellers are effectively locked into an extended settlement period during which the property may increase in value.
A buyer’s name only goes on the property title when the final payment is made; only then do they have access to the equity their instalments have created in the property. Conversely, a buyer with a mortgage from an authorised lender is likely to have much greater security with the finance offered to them.
This is a high-risk scheme for buyers because their name only goes on the title of the property when they have purchased the property outright. Some rent-to-buy contracts may indicate the buyer will lose all payments made and have no claim over the property if even a single payment is not made on time. More detail on this type of scheme is on our rent-to-buy page.
Consumer Protection and other agencies have released warnings about, and taken action against, individuals and companies when consumer and property laws have been flouted, listed below.
Requests to view enforceable undertakings arranged between Fair Trading (Queensland) and The Seminar Group Pty Ltd (13 April 2015), Dymphna Boholt (13 April 2015), and Ian Joseph Ugarte can be made from its Enforceable undertakings register page.
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