The case that is taken into consideration for this particular study is Saul v Department of Fair Trading [2019] NSWCATAD 161 (14 August 2019). The jurisdiction for this particular case was the equal and administrative opportunities division New South Wales judiciary. One of the characteristic attributes of this case study is that it revolves around whether the applicant can be referred to as fit in terms of holding a license in the field of real estate agent. The applicant in this case study was Maryellen Saul, while the entire commission of Fair Trading is regarded to be the respondent in Saul v Department of Fair Trading [2019]. The verdict that was given by the court was affirmed.
After meticulously analyzing the overall case study it can be inferred that the applicant Maryellen Saul submitted the required documents to the respondent, which is the Commissioner of Fair Trading in lieu of seeking registration certificate as per the statutory norms of PSBA, which is more commonly referred to as Properties Stocks and Business Agents. However, during the course of submitting the application, Maryelln did not undertake necessary activity to disclose convictions as well as other names such as Burling and Brady; which is duly required as per Property and Stock Agents Regulation 2022. On top of that in 2007, the applicant has also signed an application in order to receive accreditation from the auctioneer in relation to receiving a real estate agent license. In addition to that the applicant Maryellen Saul used her name while filling the form. However, in this instance also she did not disclose any convictions or other names duly in the form. The applicant in the same year, also applied for a business agent license where other names as well as per conviction regarding information are also not disclosed appropriately. However, in this instance, the application did sign the phone which specifically certified that all the information that is mentioned by the application in the form is true to its essence. As per the Property and Stocks Agents Regulation Act, if an applicant knowing fully, that if misinformation is provided during the course of filling up the required details in the application, then as per the act; the applicant could be penalized to a sum of $22000 for submitting false information.
Section 18 of the Australian Consumer Law clearly mentions that the conduct of property agents should not be deceptive in nature; where misleading information or activities are conducted for particular vested interest by the public agents in real estate. In addition to that Section 30 of Australian Consumer Law distinctly prohibits any such activities that could falsify representation regarding information of the real estate agent or the properties itself. The main reasons to why this law is pertinent to the real estate industry is that it safeguard public interest of the consumer, where honesty as well as trust for the activities regarded to be important regulators; through which the confidence of the public is safeguarded in order for the community interest to be protected while issuing the license to public agents. The respondent on August 30th 2018 issued the overall determination, so that disciplinary action can be taken against the applicant for withholding information and not disclosing it while filling up the form. Along with refraining from disclosing critical information such as other convictions which are regarded as serious offenses as per Property Stock and Business Agents Act, 2002. The Department of Fair Trading issued that after conducting an intricate analysis in the course of disciplinary action determination; as per Section 198 of the Property Stock and Business Agents Act 2002, the applicant is not eligible to hold a License under Act.
As per Clause I of Schedule I of ‘General rules of conduct applying to all agents and assistant agents’, agents should be well informed regarding the fiduciary responsibilities and obligation to disclose information; withholding it infringes the core objective of the Act extensively. This is a perfect instantiation of breach under Property and Stock Agents Regulation 2022. On top of that, Division 1 of Schedule 2 ‘Rules specific to real estate agents and assistant real estate agents’ mentions that public agents should exercise accordingly as per the norms that are predetermined by the Act. This is also infringed extensively by the applicant, Maryellen Saul. As per the predefined statutory norms, if under any circumstances, the agents are found guilty of breaching the act, then the penalty could range from minute monetary fine to heavy penalization depending upon the gravity of the criminal offense[4].
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I consider myself as a dynamic and passionate Real Estate Agent and have been pursuing the goals of successfully and swiftly assisting all of my clients to accomplish their respective real estate goals. I am quite well versed with the market landscape, and adept in terms of providing appropriate and adequate guidance to the clients in every step of the entire endeavour of purchasing real estate.
The aforementioned pictorial representation depicts an astounding real estate property that is located on 8 Regent Court, Bahrs Scrub. The time for open house starts from 11.00 PM to 4.00 PM on weekdays. The characteristic attribute of the property revolves around 4 bedrooms with walk in closets and two baths. Along with that an open floor plan with state of the art modular kitchen facilities are also included. On top of that, the two car garage which is seen in the aforementioned picture reveals that the driveway is easily accessible. The total area of the property is around 375 square meters. The most lucrative feature of this particular property is that not only it is located in a prime location where the access and convenience to nearby road transport network is convenient for the real estate purchaser, but at the same time the price tag associated with this particular real estate is a little shy of $600,000. M1 as well as M6 are within walking distances from the real estate property that is mentioned above. Accessing these roads would make the connectivity to Brisbane within 35 minutes by car. Additionally, the backyard along with a spacious patio also enriches the overall ambience of the realistic property. The kitchen is also attributed with modern equipment such as induction, convection grilling and microwave oven appliances. Aside from built in wardrobes, the air conditioning is also at optimal conditions; solar panels that are on grid in nature comes in free with the real estate property. The entire property is fully fenced with state of the art security parameters installed at every corners of the real estate.
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