Other decisions

 

​Complaint number ​Overview ​Penalty
C09000 ​​​Charges Proven: Mr Jackson undertook work within the meaning of Real Estate Agency Work as defined in the Act, without a licence and was not exempt from the requirement to hold a licence. Mr Jackson represented a prospective buyer, he drafted an Agreement for Sale and Purchase on which he inserted the name of his consultancy company under the heading "licenced real estate agent", and provided that a commission of two ​percent was payable to that company. Mr Jackson also drafted a Deed of Settlement which showed that commission was payable to him personally. There was no dispute that Mr Jackson was acting in trade; the fact that the transaction did not eventuate and the commission was not paid, is not relevant. Mr Jackson held himself out as acting in trade to all parties at the relevant time [of the proposed transaction]. Mr Jackson was not exempt from the requirement to hold a licence by virtue of paragraph (c)(1) of the definition of 'real estate agency work'; this exempts only general advice to sellers not buyers. Fined $2500 plus costs order of $130
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