Always Use Appropriately Qualified People
From the REIV …
Selling agents
“Anecdotal evidence suggests that some agencies are employing property hosts to open properties for inspection, i.e. people who are not qualified Agents’ Representatives or Licensed Estate Agents may be acting as a host. Please be aware that such an approach is not permitted under the Estate Agents Act and exposes your agency to significant fines.
You may argue that this person is simply standing at the door and is instructed not to talk to the public however, please consider that he or she is holding themselves out to the public as ready to undertake the business on behalf of the agency. This host is likely to collect personal information at the OFI, receive a rental application, respond to questions about the property etc. Your professional indemnity insurer may consider this misrepresentation.
The Estate Agents Act (EAA), section 4 defines an Agent’s Representative as someone who is not licensed but who is employed by an estate agent and who performs any of the functions of an estate agent, except work ordinarily done by “… clerks, cashiers or accountants …”.
An agent’s representative inter alia:
Is 18 years of age
Has passed the Prescribed Course of Education or Examination
Has not been found guilty in the last 10 years of any disqualifying offences
Has provided a certificate from the Commissioner of Police
Not an insolvent under administration
Has been provided with an authorisation to perform the duties of an estate agent and details of the employment are recorded with the Business Licensing Authority.
As an estate agent, it is your responsibility to understand your legal obligations under the Estate Agents Act 1980, Residential Tenancies Act 1997 and Sale of Land Act 1962. You must also understand your responsibilities under other laws that set rules for your business – for example, the Australian Consumer Law and Fair Trading Act 2012, which applies to all Victorian businesses.
Please ensure that appropriately qualified people are used for agency tasks.”
Education teaches you how to play,
Experience teaches you when to take those right strokes.In Buyer Advocacy, what I witness as the equivalent of this disturbing trend would be advocates handing over of their client obligations by outsourcing the inspection of properties to third parties such as so called 'client mangers', building inspectors, property managers and even contracted selling agents!
These people are not experienced in what a buyer's agent needs to assess in a property. I hear of examples where someone sitting at a computer in Sydney (and Licensed there) outsources their role to a building inspector in Perth (while not Licensed there). A property is purchased unconditionally, however significant issues arise with the property and there is a good chance the Buyer’s Agent will get sued. These new industry entrants are reckless, don’t know what they don’t know and therefore consumers will pay the price.
Having acted as an Expert Witness for consumers in this position, I can see its going to get pretty ugly for those who think being a buyer's agent is easy money and/or money for nothing. Done properly, it's not ‘easy money’. It bears an enormous amount of responsibility, and it is far more complex than being a selling agent.
Anyone with zero real estate industry experience should not be purporting themselves as experts and experience in buying property for oneself does not make for an 'expert buyer's agent'. The claims these FAKE buyer agents are making is dangerous for consumer and for themselves.
#buyersagent #askforexperience #rebaa #fakebuyersagent
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