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An unregistered agent “should have known better”, according to Western Australia’s Commissioner for Consumer Protection, given her nearly two decades of industry experience.
Perth agent Phillipa Ann Ives was convicted and fined $2,800 for managing a property in the city’s north, despite not holding a real estate and business agent’s licence, and triennial certificate. She was also ordered to pay costs of $3,020.70.
Facing the Joondalup Magistrates Court, Ives was accused of representing herself as a real estate agent in breach of the Real Estate and Business Agents Act between April and December 2021. The court heard that Ives struck a verbal property management agreement with a property owner and organised tenants to occupy the property in Butler.
She received $24,000 into her personal bank account from the tenants for bond and rent. Ives initially paid rental income to the owner, deducting $50 per week for her management services.
After a few months, however, Ives reportedly ceased paying rental income to the owner. At the conclusion of the tenancy, she failed to repay the bond to either the tenants or the property owner.
Ives’ unlicensed status came to light after a complaint was made against her to the state’s consumer protection agency.
Finding that she was unregistered, the body took action. At the culmination of the case, Commissioner for Consumer Protection, Trish Blake, said the outcome was integral in upholding consumers’ trust in the real estate industry.
“The licensing system is in place to protect tenants and landlords by ensuring that only suitably qualified and trained professionals are involved in the real estate industry in WA.
“Ms Ives should have known better. She had about 18 years of experience in the real estate industry as a sales representative and knew this conduct was illegal,” Blake said.
Magistrate Raelene Johnston, who heard the case, also said it was important to deter this type of behaviour in the real estate industry.
Blake added that tenants and landlords should ensure that they are only dealing with licensed professionals.
“If consumers deal with unlicensed operators, their money is at risk as they are not protected by the law.
“Tenants and landlords should alert us if they suspect the agent or property manager they are doing business with is not licensed,” Blake added.
ABOUT THE AUTHOR
Juliet Helmke
Based in Sydney, Juliet Helmke has a broad range of reporting and editorial experience across the areas of business, technology, entertainment and the arts. She was formerly Senior Editor at The New York Observer.
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