Property industry

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Settlement agents set their own fees which must be disclosed to the client in writing prior to entering into any agreement. Agents must not receive a fee above the disclosed amount unless there is a significant change in the scope of the work. Removing the cap and deregulating fees will allow...
Land valuers, real estate and settlement agents
Unless you are a suitably qualified lawyer, it would be very unwise to try to carry out the settlement of your own property. It's a complex and time consuming business, with many traps for the unwary. When you are buying a property, it is necessary for all the paperwork to be completed and all the...
Land valuers, real estate and settlement agents
When you are looking at properties, you will often come into contact with real estate agents or sales representatives. The most important thing to understand about real estate agents or sales representatives when buying a property is that they have been hired by the seller. The aim of the agent is...
Land valuers, real estate and settlement agents
Tenant wants to end a tenancy You can end a periodic tenancy agreement without having to provide a reason, but tenants must give the lessor a minimum 21 days' notice in writing. Should the premises be destroyed, compulsorily acquired by law, or become uninhabitable (this applies to both periodic...
When a tenancy ends
There are various reasons for ending a tenancy. These can range from something as simple as wanting to move on, to the tenant/s or the lessor/property manager not keeping to the terms of the agreement. The proper way to end the agreement will depend on why the tenancy is ending and whether it’s a...
When a tenancy ends
Tenants cannot be asked to pay any additional money other than rent and security bond during a tenancy agreement. The lessor cannot ask tenant/s to pay any administration fees, re-inspection fees or charges for sending tenant/s utility invoices or breach notices. The lessor can request compensation...
Rent and other payments
The lessor is responsible for the property having a minimum level of security in place. The minimum security relates to door locks, window locks and exterior lights. The security required is specified in the Residential Tenancies Regulations 1989. All rental properties must be in line with the...
Security, safety, maintenance and entry rights
We all have the right to enjoy our home. Quiet enjoyment is the right for both you and your neighbour/s to occupy, use and enjoy your homes in reasonable privacy without interruption. Overall, your lessor (landlord) or property manager shouldn’t prevent you from enjoying your property in complete...
Security, safety, maintenance and entry rights
The tenant should notify the landlord in writing about any non urgent repairs, detailing what needs to be repaired. The landlord does not have to fix items if they are items that were disclosed as not working before the tenancy agreement was entered into, or they are items which the tenant could...
Security, safety, maintenance and entry rights
Urgent repairs fall into two categories: essential services and other urgent repairs. A suitable repairer must be found within a reasonable timeframe. There are some times when a tenant may need to arrange for the repairer. Essential services Essential services are listed in the Residential...
Security, safety, maintenance and entry rights

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Publications

12 January 2017 From 2017 the Commonwealth Government is introducing new reporting requirements in relation to real estate property transfers in Western Australia. Landgate, the lead agency involved...
Consumer Protection
Bulletin
12 Jan 2017
3 January 2017 Don’t leave it to the last minute to organise your annual trust account audit. By law all real estate agents (agents) who have held or received monies in trust are required to submit...
Consumer Protection
Bulletin
05 Jan 2017
22 December Compulsory Professional Development (CPD) is a legal requirement for all licensed real estate agents and business brokers, as well as all registered real estate sales representatives and...
Consumer Protection
Bulletin
03 Jan 2017
There are a number of notices designed to help the lessor, property manager and tenant/s deal with various issues. Only issue a notice after you have tried to negotiate the problem or dispute with...
Consumer Protection
Form – notification
04 Oct 2017
Background In December 2015 the State government released a bushfire reform package in response to planning and building recommendations from the Keelty Report into the Perth Hills bushfire of 2011...
Consumer Protection
Bulletin
14 Dec 2016
Buying a property to rent out is a popular form of long-term investment in Australia. Before deciding to take on a rental property you should consider its value, how much it can earn, the cost of...
Consumer Protection
Fact sheet
07 Sep 2017
The Western Australian Building and Construction Industry Code of Conduct 2016 commenced on 1 January 2017. The code has been developed to ensure that Western Australian government agencies, when...
WA Building and Construction Code Monitoring Unit
Code of conduct
07 Aug 2017
29 November As of 1 December 2016 Consumer Protection will take a harder line when agencies do not lodge residential tenancy bonds within the required time. Section 29 of Residential Tenancies Act...
Consumer Protection
Bulletin
29 Nov 2016
15 November 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...
Consumer Protection
Bulletin
17 Nov 2016
4 November AIM Realty / Aman Deep Singh A Gosnells real estate agency described by the State Administrative Tribunal (SAT) as ‘incompetent’ has been ordered to pay a $25,000 penalty for mishandling...
Consumer Protection
Bulletin
09 Nov 2016

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Announcements

A Rockingham real estate agency and one of its sales representatives have been fined $500 each by the Rockingham Magistrates Court after the sales representative worked without a current certificate of registration. Sand Dollar WA Pty Ltd , trading as Harcourts Rockingham , had employed the sales representative who continued to work for 22 months after their certificate of registration expired in...
Consumer Protection
Media release
09 Dec 2014
A Gosnells real estate agency has been fined a total of $2,500 by the Armadale Magistrates Court for employing and paying commissions to an unregistered sales representative. Attree Pty Ltd , trading as Attree Real Estate, employed a sales representative who had received commission payments between August 2012 and May 2013 while that employee’s registration as a sales representative was not...
Consumer Protection
Media release
09 Dec 2014
A property manager has been disqualified from holding a real estate and business agents’ licence and triennial certificate for five years for failing to deposit income from rental properties into a trust account. Van Dung Nguyen, formerly of Girrawheen, was also fined $3,000 by the State Administrative Tribunal on 20 November 2014. Mr Nguyen faced disciplinary action by Consumer Protection after...
Consumer Protection
Media release
24 Nov 2014
Removal of some licence application requirements eases the burden on business Criteria to qualify as a ‘small retail shop’ expanded Significant reductions in red tape for Western Australian businesses, as well as further easing of retail trading restrictions. Commerce Minister Michael Mischin said changes to the Consumer Protection Legislation Amendment Bill 2013 would help the retail, motor...
Consumer Protection
Media release
19 Nov 2014
Free app provides handy information for tenants Useful reminders and other tools help tenants know their legal rights Western Australian tenants will be able to manage their tenancy at the click of a button thanks to a new smartphone app launched today. Commerce Minister Michael Mischin said the free app would help tenants easily calculate the maximum amount they might have to pay a landlord...
Consumer Protection
Media release
08 Oct 2014
A settlement agent has been cautioned by the State Administrative Tribunal over the misuse of his trust account. Sydney James Chesson , trading as Master Settlements of St Georges Terrace Perth, had used his trust account for transactions which were not for the purpose of a settlement, a breach of the Settlement Agents Act. In issuing a caution on 30 September 2014 rather than imposing a fine,...
Consumer Protection
Media release
07 Oct 2014
After fifteen years being based at the Forrest Centre on St Georges Terrace in Perth, Consumer Protection has moved to a new CBD location. The main location is Gordon Stephenson House, 140 William Street Perth with front counter services available on Level 2. The move is in line with the state government's plan to consolidate existing office space for the public service. Consumer Protection’s...
Consumer Protection
Media release
30 Sep 2014
The St Georges Terrace office of Consumer Protection is moving offices over the September long weekend and in preparation it will close early this Friday . Bonds will close at 1.00pm; while all other services (including our Contact Centre) will close at 3.30pm. While there may be some minor services disruptions, we expect to be fully operational by 10.00am, Tuesday 30 September 2014. If you have...
Consumer Protection
Department News
22 Sep 2014
A South Perth real estate agency and its former property manager have been fined by the State Administrative Tribunal (SAT) for breaching the Real Estate and Business Agents Act in the management of two rental properties and the operation of their trust accounts. Prosser Real Estate Pty Ltd , trading as Swan River Real Estate , was fined a total of $15,000 and ordered to pay Court costs of $2,500...
Consumer Protection
Media release
10 Sep 2014
A new contract for the Seniors’ Housing Centre will ensure the partnership between Consumer Protection and peak seniors’ organisation, the Council on the Ageing Western Australia (COTA WA), will continue to help seniors get advice about housing options. The centre is funded by the State Government through the Department of Commerce, and the Department of Local Government and Communities. Commerce...
Consumer Protection
Media release
19 Aug 2014

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