Real Estate Excellence - Thank you to the Industry

The 4th January 2011 will be the first year anniversary of Real Estate Excellence. What an amazing year it has been.
The industry in Queensland (and all over Australia) has faced interesting times during 2010; but one thing that is always needed in business is education and training. The year saw extraordinary demand for private IN agency training, open training numbers and private consultancy which mainly focused on systems, compliance, managing risk and procedures for growth.
Thank you to all of my clients and the 50 plus Agencies who are now members of Real Estate Excellence. Membership began two years earlier than planned due to industry demand. Thank you.

2010 saw many business owners turning again to property management as sales for some were harder to achieve. It is great that so many licensees invested in their property management businesses as they again realise the importance of this side of their business.

If/When I go back into agency practice, I would have the sales and property management teams working as one, side by side. In the same office, the same department with one salesperson teamed with one property manager. I often reflect as I continually learn about our industry after some 17 years; and one thing that does not change is the need to have the office connected; not disconnected as most often are.

This is not meant to be a negative relection or comment of business; just a thought in relation to what I have learnt and keep learning.

Training, education, team building, communication and understanding remain the key words and focus in my opinion of any real estate business.  This also includes property managers understanding the salesperson's role within our industry. Each department (though it would be one) would conduct training together on key issues such as compliance and risk management. There is of course a need to separate some training due to specialised fields.

Why don't agencies have a system that for every listing (sales and property management) a 'complimentary' appraisal is carried out?
Why don't agencies have a joint newsletter available to all of the agencies clients and customers?
Why don't agencies have a system where every prospective buyer and tenant receive the monthly newletter at open houses and/or electroncially?
Why don't the sales and PM teams share prospecting tasks and focus on both instead of just 'sales' or just 'PM'?

There are many questions that could benefit business during interesting times that would assist in stabilisation, retention and eventual growth.

Thank you to the Real Estate Industry for an exceptional first year in business trading as Real Estate Excellence - your support is very much appreciated.

I wish you and yours the 2011 that you wish for!

Kind regards

Stacey Holt
www.realestateexcellence.com.au

How many properties can one property manager manage?

I had an inspiring and interesting conversation with a client recently about the old age question of how many properties can one property manager manage?

The client I was working with was seeking advice regarding structure of his property management business as he is on a positive growth path and has achieved 60 net managements in six months. He is at a crucial period in his business as he has hit the 200 property mark and is considering which structure is best.

There are many structures set up in modern property management businesses which range from the traditional portfolio method, the POD method or task based management. I have always been a great fan of Portfolio due to the accountability and also the lessor peace of mind of 'who is managing their investment' but have in recent times seen a handful of business who have mastered the task based management. Those I have worked with who succeed in task based have very clear job descriptions, visions and goals.

I have saved one client over $50000 on wages due to a restructure using the task based management system, however the licensee is hands on and works 100% in the property management department which allows for lessor's complete peace of mind and the main point of contact. This model in my opinion doesn't work well unless there is a clear head of department; the face is what you might call it. It generally is beneficial if this is a licensee.

Regarding my client yesterday who was seeking advice on his property management business model; he has already decided that he will staff one property manager to 50 properties. I almost fell over but had to sit back and admire his thinking. He believes that in today's property management world, with all the compliance and risk of litigation, you cannot afford to have property managers managing more than that. That is, as he said, you want the job done properly.

Now this got me thinking... I have in recent months had to dramatically review my own beliefs as to how I would structure my own department. In many days gone by, I managed a successful business with property managers on 200 properties with administration support, I running new business and the trust. This model worked great with a routine maintenance/inspection officer on top of that.

Due to massive legislative change, and greater risk of litigation due to increased client expectations and making agents accountable, I believe that today's licensee has to seriously review the tasks required to be carried out in property management. The days of one property manager managing 200 properties successfully are over.

Today in Queensland, property managers need to have their finger on the pulse in relation to a vast range of compliance issues, including

* tenancy law
* smoke alarms
* safety switches
* pool safety
* QCAT

to name just a few issues...

How many properties can one property manage... it is still a million dollar question and one that will be debated well beyond my lifetime. I do however think that the answer for each business is four main factors. It depends on

1.  the systems
2.  the support
3.  the people; and
4.  the commitment of the licensee to drive the business.

I will eagerly watch my client who is going to work on the ratio of one to 50 properties... an innovative and interesting thought...





http://www.realestateexcellence.com.au/

Real Estate Excellence Subscriber December 2010 Update

POOL SAFETY New Laws Update

Real Estate Excellence has a wealth of information on the new laws available for the Real Estate Industry at http://www.realestateexcellence.com.au/education-and-training-events-real-estate-excellence/cat_view/36-queensland-compliance-and-legislation  - a comprehensive best practice guide plus fact sheet are available to NON members for a small fee of $66 including GST. For more information, contact Stacey Holt.


Training Calendar (QLD) February and March 2011

The Education and Training Real Estate Excellence have been confirmed for 2011. Visit the website for information and registrations forms. Alternatively, email Stacey Holt for more information.

http://www.realestateexcellence.com.au/education-and-training-events-real-estate-excellence/cat_view/34-education-and-training 

Property Agents Bill and Agents Financial Bill which will replace the PAMD Act - 2011

On Friday the Queensland Government released a Media Statement after the future Property Agents Act 2010 and Agents Financial Administration Act 2010 which were introduced to Parliament last week. As previously advised in Real Estate Excellence Member Updates; these TWO future Acts will replace the PAMD Act. The Government have now stated that the TWO new Acts will come into effect in 2011, not 2012. To view information (for now) on the new Acts, visit http://www.realestateexcellence.com.au/education-and-training-events-real-estate-excellence/cat_view/36-queensland-compliance-and-legislation/40-property-agents-and-financial-administration-bills


Please note that Real Estate Excellence will provide required information in upcoming Member Updates about the new future laws and all the required information to get ready for this substantial change regrettably coming in 2011.


Membership Options

Real Estate Excellence offers 4 membership options for the Real Estate Industry, starting from a mere $11 per week. Would you like to know more? Visit the website http://www.realestateexcellence.com.au/education-and-training-events-real-estate-excellence/cat_view/23-real-estate-excellence-membership

Best wishes for a smooth week to you all!


Kind regards


Stacey Holt

Director
REAL ESTATE EXCELLENCE ACADEMY PTY LTD trading as
Stacey Holt Real Estate Excellence


Mobile 0423 018 539

Office 07 3161 1865

Postal PO BOX 154 Alderley QLD 4051

Email stacey.holt@realestateexcellence.com.au

http://www.realestateexcellence.com.au/

Offering MEMBERSHIP Options, COMPREHENSIVE consultancy services, PRIVATE training education services and OPEN FORUM training services for the REAL ESTATE INDUSTRY.











"We are what we repeatedly do. Excellence, then, is not an act, but a habit" Aristotle

Real Estate Excellence Property Management Training Calendar

“Rental Property Matters” is an exciting fresh programme that will be delivered in many parts of Queensland in February and March 2011 (one session only) - please refer below to the dates and areas that the one session will be presented only.


North Brisbane Kedron Wavell RSL

Chermside 3rd February 9am to Noon

South Brisbane The Glen Hotel

Eight Mile Plains 17th February 9am to Noon

Sunshine Coast The Events Centre Maroochydore

18th February 9am to Noon

Gold Coast Colonial Golf Club Robina

4th February 9am to Noon

Toowoomba Clive Berghoff Stadium

 16th February 2pm to 5pm

Bundaberg Enterprise Centre

17th March 9am to Noon

Fraser Coast Hervey Bay Boat Club

 18th March 9am to Noon

Rockhampton Leagues Club

 2nd March 9am to Noon

Gladstone Rydges

7th March 2pm to 5pm

Mackay Ocean International

4th March 9am to Noon

Townsville Townsville RSL

11th February 9am to Noon

Cairns Shrang-Ri-La Hotel

8th February 9am to Noon



Please refer to the registration form for training investment cost.  Discounts apply for three or more staff and for Members of Real Estate Excellence.

Workbooks and Morning/Afternoon tea included for all events.

All training and services come with a service and satisfaction guarantee.

Contact Stacey Holt for any enquiries – stacey.holt@realestateexcellence.com.au

Real Estate Excellence Subscriber Mid November 2010 Update

15th November 2010
Subscriber UPDATE


Welcome to the NOVEMBER 2010 Real Estate Excellence Subscriber Update. It continues to be interesting times for our industry with the year ending the way it began; with substantial legislation change.


Real Estate Excellence Website

Real Estate Excellence is excited to announce the launch of a fresh new website which is much more user friendly – visit www.realestateexcellence.com.au to see the new fresh look! Feedback is always welcome. Thank you.

Please note that the website will be changing in early 2011 to be a register user option only; this will be a FREE service for the Industry however some of the site will be locked for member use only.

New Pool Laws

The Queensland Government have released FREE information sessions on the new pool safety laws that take effect 1 December 2010.

For session times PLUS other important information visit http://www.realestateexcellence.com.au/education-and-training-events-real-estate-excellence/cat_view/36-queensland-compliance-and-legislation/8-pool-fencing-and-pool-safety or www.dip.qld.gov.au

Distance Study an Option for Education

If you missed the Real Estate Excellence education sessions on the new pool safety laws that were held throughout the state in October and November, you can purchase the study notes PLUS a comprehensive 16 page best practice information guide for your office for a small fee. Enquire today about the distance study option available to assist you and your agency in much needed legislation information. Email Stacey Holt for more information.

Real Estate Excellence Training Calendar 2011

The Real Estate Excellence Training Calendar for the first quarter of 2011 is being finalised. The calendar will be provided to Subscribers and Members in December. Some dates are already available are can be found at http://www.realestateexcellence.com.au/education-and-training-events-real-estate-excellence/cat_view/34-education-and-training

Registration forms can be downloaded from the website. If you prefer the word version to complete, please email Stacey Holt.

Membership of Real Estate Excellence

From a mere $11 per week your agency could become a BRONZE Open Member of Real Estate Excellence. There are many benefits of becoming a Member to assist your agency in compliance, best practice and risk management. Benefits also include discounts of some services. The Member Updates includes property management, sales, and administration /licensee matters. Would you like to review the November Update for FREE? Email Stacey today for your complimentary copy. Please visit for more information about membership options http://www.realestateexcellence.com.au/education-and-training-events-real-estate-excellence/cat_view/23-real-estate-excellence-membership



Please encourage others to become subscribers of Real Estate Excellence; all they need to do is subscribe at www.realestateexcellence.com.au. It’s FREE with no obligation!

We hope this Subscriber update from REAL ESTATE EXCELLENCE has been of benefit to you, your team and to your business. Until next time, take care. 0423 018 539 or 07 3161 1865 stacey.holt@realestateexcellence.com.au www.realestateexcellence.com.au


Kind regards

Stacey Holt
http://www.realestateexcellence.com.au/

Rental Property Matters

Invitation to attend Training (this session will be held throught QLD in February and March 2011) - one session per area only.



This interactive and practical property management workshop focuses on best practice, compliance and risk management rental property matters that today’s career property manager should have sound knowledge of. The session topics include the following;

• Smoke alarms

• Safety switches

• Pool safety and fencing

• Pest control obligations

• Maintenance obligations for the lessor and obligations of the tenant

• Water efficiency standards; lessor obligations

• Garden maintenance including trees and shrubs

• Routine inspections; how, when, reporting and follow up

• Tenant requests for attaching fixtures or making structural changes

• Keys and lock requirements

This session would suit all property management staff including the Assistant Property Manager, Business Development Manager/Officer, Property Managers, Senior Property Managers and Licensee/Managers.

Stacey Holt, Director Real Estate Excellence will present each session.

Please refer to the registration form for your area for training cost, venue, time and date. One session per region only.

For all enquires contact Stacey Holt stacey.holt@realestateexcellence.com.au. Please forward this invitation to any colleagues who you feel may benefit from receiving it. Are you a member of Real Estate Excellence? Discounts Apply? PRIVATE IN House training is also available. Enquire today about this option. All of Real Estate Excellence Training and services come with a satisfaction guarantee. Best Practice Real Estate Agency Advice is provided as part of the training and education services.

0423 018 539 or 07 3161 1865

To download the registration form, vist http://www.realestateexcellence.com.au/education-and-training-events-real-estate-excellence/cat_view/15-brisbane-education-training-workshops-and-morning-tea-events

Tips on assisting sellers who are unrealistic about price

Saturday 25th September 2010

As we all know, listing your home for sale can be an extremely emotional event. The process tends to becomes even more emotional when the issue about the selling price of a property is discussed. Below are some tips from Real Estate Excellence to assist salespeople who are confronted with sellers who are unrealistic about price.

• Agents should be very clear and upfront to all sellers that the price they are providing is based on facts and evidence – give the evidence in writing through the CMA or market explanation. (refer to the  PAMD Act (sections 574A to 574D and the PAMD Real Estate Agency Practice Code of Conduct sections 10, 18 and 21 - QLD agents only )

• Advise the clients that it is the agents duty to provide honest and accurate indications of market price of their home as per your legislative requirements

• Advise the client that it is their property and you as their agent will list their property at the price that they instruct

• If the client pushes the property too high, the agents should express their concern and also the possible consequences of these actions

o Such as the property becoming stale, long days on market, scaring people away due to price

• Again, agents should advise their client that the property will be listed at whatever price the client wants them to take to the market. This must be via written instruction to the agent through either the PAMD Form 22a Appointment of Agent (QLD) or another written instruction

• Each week that the property remains on the market, agents should provide both written and verbal feedback to the seller about what the market is saying about the price and property

• If little enquiry, provide evidence as to reasons why such as priced too high and continue to show comparable properties and recommendations for the correct market price

• Any change of price instruction from commencement of listing must be in writing.

It is recommended that QLD sales agents use best practice forms such as consent to receive electronic communication and change of price instructions which are available at www.realestateexcellence.com.au or by contacting Stacey Holt Real Estate Excellence; stacey.holt@realestateexcellence.com.au

QLD Agents - The Property Agents and Motor Dealers Act  can be found at http://www.legislation.qld.gov.au/

who will take on the responsibility of pool enforcement? surely not the real estate industry..

15th September 2010

Regrettably there is another amazing milestone for the Queensland Real Estate Industry. Currently the QLD Parliament are debating the future pool safety laws. Noone would dispute the fact that these laws are about saving lives; particularly those who lives who are most vulnerable, that of children under five. We as a community would all support this agenda; however the price of compliance and risk management is dreafully high and outright almost unrealistic on today's real estate business. This morning I have spoken with two member clients, one almost in tears, the other was in tears out of sheer frustration about compliance. The Qld Government continue to use the Real Estate Industry as part policeman for laws such as safety switches, smoke alarms, sustainability declarations and now pool safety new laws. I must quote Mr David Gibson  LNP member for Gympie who was recorded in Hansard (page 3238 of 14th September www.parliament.qld.gov.au) as saying "The question has to be asked, who else will take on the responsibility (of pool compliance)? Clearly, the state government does not have a structure to be able to act as a fallback for pool inspections. Do we expect that to fall upon real estate agents? It is hardly within the job description of the average suburban realtor?" Well said Mr Gibson, well said. Hardly in fact, but it is regrettably looking likely.

I am up to slide number 30 of Pool Safety New Laws presentation that will be delivered in many areas throughout QLD in October and November 2010; not that size matter, I am merely indicating the number of changes and the amount of information and education that the Real Estate Industry have to yet again take on board.

Stacey Holt
www.realestateexcellence.com.au
stacey.holt@realestateexcellence.com.au

Submission to Government - OFT - Property Agents Act 2010

14th September 2010


Fair Trading Policy


agentsbills@deedi.qld.gov.au

Dear Sirs

Stacey Holt Real Estate Excellence welcomes the requested opportunity to contribute this submission and feedback to the Office of Fair Trading to assist the Department in examining ways to improve Fair Trading policy, and review current laws and services. Further consultations on matters that affect the Real Estate Industry are also welcomed for Real Estate Excellence to be part of.

Real Estate Excellence has a Queensland membership base of over 200 Real Estate Agents (including Property Managers and Salespeople) and a subscriber client base of over 1500  Real Estate Agents. Regular education and training events are held throughout Queensland as part of the many industry services provided by Real Estate Excellence. Members, Industry and Clients were requested to contribute to this submission; their collective feedback has been collated to form part of this submission.

It is with great pleasure the Real Estate Industry receives the news that the Queensland Government are going to take the very welcome step of separating the Property Agents and Motor Dealers Act. It is also welcome news that the Government are taking the approach of making the significant change in line with National Real Estate Licensing regime which is expected to take effect in 2012. The consideration to the impact of these significant changes to the Real Estate Industry are appreciated and acknowledged.

The Draft Property Agents Act 2010 appears to have been literally taken from the current Property Agents and Motor Dealers Act with the major changes being the title and the trust account regulations being placed into another Act called the Agents Financial Administration Bill 2010 and some other minor changes. Given the significant of the change of introducing a new Act, it would be an opportune time for the Government to review other issues currently contained in the PAMD Act as addressed below;

• Given that one of the main complaints Fair Trading receives in its portfolio is in relation to property management activities (lessor and agent allegations and disputes); it is an opportune time for Government to review certain issues and practices relating to property management.
• Another matter that is encouraged to be considered and addressed is the property management qualification. Now, as has been for many years, the current PAMD regulations provides for the national learning outcomes to be studied in order to achieve the qualification. The major concern this industry has, especially since changes were made December 2008/January 2009 in relation to subjects studied, is the fact that a conservative estimate of today’s learning outcomes allow for less than 10% property management education. This is a major concern for consumers, industry and government. Currently students of Real Estate do not see the Appointment of Agent Form 20a during a registration course, which is most alarming that the most critical document for a consumer and the industry is not addressed during the minimum industry qualification study period. Of course this may well also fit under the big picture of national real estate licensing and also the fact that the future regulations are yet to be seen in draft form, this issue may well be being addressed. It could also be said that it would helpful to include definitions or examples under the definition property agent’s salesperson of other recognised professional activities in the Real Estate Industry, namely business brokerage, commercial sales and leasing and residential property management.
• It is also recommended that the historical industry issue and lack of statute provision for sole or exclusive property management appointments be addressed. Currently the industry deal with the issue through contractual law (dependant on schedules and attachments annexed to the PAMD Form 20a) which must be said is not commonly understood by consumers (lessors in Queensland) and causes utmost confusion and unnecessary dispute. Draft section 77 of the Property Agents Act 2010 makes provision (as is currently in the PAMD Act) for residential sales Sole and Exclusive Agency listings (current section 135 PAMD Act). Please note that section 77 (3) (a) appears to have a typographical error – it states resident as opposed to residential.
• It is noted that the current Real Estate Salesperson’s title is proposed to change to Property Agent Salesperson and the Real Estate Licence changed to Property Agent Licence. This is welcomed however again the Government is encouraged to provide for further definition and or examples in the legislation to be clear and certain to industry and to consumers.
• It is also noted that the future Code of Conduct draft regulations for agent, letting agent and auctioneer are also not yet available for viewing and therefore of course are unable to be commented on. The release of these will be eagerly awaited.
• It is noted that the current provision of approved forms of appointment appear to remain through section 74 and 75 of the Property Agents Bill 2010. It is recommended that Government consider deregulating the Forms of Appointment and make way for mandatory prescribed information to allow for more user and consumer friendly documentation. The current forms are confusing for most including consumers and difficult to use and understand. Mandating required prescribed information would surely have a three way win; Queensland Real Estate Consumers, Government and the Real Estate Industry.
• Given the amount of almost arguable onerous legislation and compliance matters that are imposed on today’s Real Estate Industry and Real Estate Small Business, from the PAMD Act (which will be replaced with the Property Agents Act), RTRA Act, Building Act, Smoke Alarms, Safety Switches and Sustainability to name just a few significant day to day issues faced; it is recommended that the Trust Account requirements remain as part of the Act. The re education process would be extreme for one, but secondly and more importantly, the practicality of day to day agency practice would be more favourable if the trust account provisions remained with the licensing provisions. The alternative, and what government are proposing, is again, another separate piece of legislation that does not have to be separated given the ties with real estate licensing provisions that will remain.

Real Estate Excellence will continue to assist the Industry in the required education, best practice and compliance issues relating to current PAMD Act (including welcome Chapter 11 amendments to take effect October 1 2010) and the progress into the Property Agents Act with the hopeful amalgamation of the Trust Account provisions back into the licensing legislation.

Thank you for the opportunity to provide this submission on behalf of Real Estate Excellence Members, Clients and the Real Estate Industry. If the Department have any further questions or require any further assistance, please contact the writer of this submission as per the contact details below.

Yours faithfully




Stacey Holt
Director, Real Estate Excellence Academy Pty Ltd trading as Stacey Holt Real Estate Excellence
Sent via email - stacey.holt@realestateexcellence.com.au
0423 018 539

Submission to Government - review of 2 months without grounds

14th September 2010


Dear the Residential Tenancies Authority (RTA)

Real Estate Excellence welcomes the opportunity to contribute to the review of the Residential Tenancies and Rooming Accommodation Act (RTRA Act) (section 329) 2 months without grounds provision. Real Estate Excellence also welcomes further opportunity for consultation with other industry related matters.

Stacey Holt Real Estate Excellence has a Queensland membership base of over 200 Real Estate Agents (including Property Managers) and a subscriber client base of over 1500 property managers and Real Estate Agents. Regular education and training events are held throughout Queensland as part of the many industry services provided by Real Estate Excellence. Members, Clients and the Industry were requested to voluntarily answer the questions below that were provided to Real Estate Excellence on the 1st September 2010. The responses from Members, Clients and Industry have been collated to form part of this submission. There are also views of Stacey Holt Real Estate Excellence expressed as part of this submission. Please refer below to the RTA requested questions in Italics form and the Real Estate Excellence responses below.

What impact has the current notice period for termination of fixed term tenancies (without grounds) at the end of the agreement by either lessors or tenants had?


REAL ESTATE EXCELLENCE RESPONSE

• One of many unintended consequences of the two months without grounds provision is increased confusion amongst lessors, tenants and agents which frequently leads to dispute.
• Break lease situation are by far on the increase due to this provision, as tenants find a new home and are ‘stuck with two rents’ to pay after being given two months notice without grounds and then finding a new home earlier then the end date.
• Another unintended consequence is tenants being provided with two months notice to leave with for example three weeks to go of their fixed term lease as decisions by all or one of the parties could not made two months or more out of the end date; the tenants in turn are issuing 2 weeks’ notice to end the tenancy on the end date which sometimes results in a frustrated lessor who has now had to forgo some 5 weeks rent.
• Increased number of periodic tenancies which of course leads to lack of security of tenure for tenants and financial instability for investors.
• Notice to leave forms being issued to tenants with two months to go of their fixed term tenancy that can’t decide when the lessor is financially forced to make a decision; again increased angst and pressure on all parties including agents trying to negotiate.

What are the issues, if any, for lessors, agents or tenants as a result of this provision?

REAL ESTATE EXCELLENCE RESPONSE

• Increased disputes are a major impact as already discussed in this submission.
• Confusion and fear from a tenant’s perspective. Decisions by lessors within unreasonable time frames about their investment tenancies. Agents are in turn provided with these instructions from their lessors.
• Agents forced to issue Form 12’s early as per lessor instructions and their best interests (around two and half months out before the end date of a fixed term)
• Undue pressure on all parties to make substantial decisions within a reasonable time frame.
• As listed above in question one; lessor’s being financially disadvantaged when acting in good faith and allowing tenants more time to consider their future, and then lessor’s being forced to make a decision coming up to the fixed term expiry which commonly now results in tenants being given two months notice which extends past the fixed term end date and the tenant then being able to provide their 14 days notice as the end date nears. This situation is forcing many investors to make the more viable and certain decision two and a half months out of the lease by stating to tenant (agents carrying out this task on their lessor’s behalf and instruction) that ‘ the offer of another fixed term at the end of the current fixed term expiry is now before you. If the offer is not accepted within the next week, regrettably find enclosed a Form 12 Notice to leave to end the lease without grounds on the end date of the agreement. (The time frames are examples only however do mirror many practices now in the industry as there is little choice for investors who are left in the most unfortunate situation).

What are the advantages and disadvantages of this provision?

REAL ESTATE EXCELLENCE RESPONSE

• Disadvantages

o As stated above in earlier responses, confusion, angst, pressure, disputes, break leases increase, bond disputes, people forced to make a decision about their future in an unreasonable time frame.

• Advantages

o No advantages of this provision for any party has been identified

How would you improve the current provision?

REAL ESTATE EXCELLENCE RESPONSE

• Most certainly a successful outcome is for either party to provide the other with 4 weeks (28 days) notice to leave on or before the end date of a fixed term agreement. It is reasonable to concede that all parties (tenants and lessors) are far better placed 4 weeks (28 days) (or around 5 to 6 weeks) prior to the end date of a fixed term to make a fair judgement about their short term future. It is also considered reasonable that tenants would have knowledge of what their intention were at least 4 weeks (28 days) out as most people would be considering transport, schools and other necessary arrangements and changes needed if they were to move house at this time.
• This would also allow for reasonable and realistic time frames for agents to negotiate with the tenants if necessary on behalf of the lessor client.
• Should this reasonable change occur and the amendment made to allow for the 4 weeks (28 days) for either party for termination without grounds, Real Estate Excellence will certainly be advocating for the industry to change lease renewal procedures to start at around the 7 to 8 week stage of the end of fixed term (which was how the past practices were carried out as most tenants were provided for best practice around 28 days notice even when the provision was 14 days notice pre RTRA Act 2008 commencement)
• The 4 weeks (28 days) strongly recommended time frame is also encouraged due to the current provisions in the RTRA Act (section 329) which allow for a termination for contract of sale for periodic tenancy being the 4 weeks. This will provide for ‘some’ uniformity and alignment of dates/days/weeks which does lead to confusion within the industry.

Can you provide any brief case examples that illustrate the issues from your point of view?

REAL ESTATE EXCELLENCE RESPONSE

• There are many specific ‘general dispute examples’ that could be cited in this part of the submission however they are all very similar and it is hoped that the above examples are considered sufficient to assist the questions asked. It must be noted that many of the ‘general dispute examples’ that the industry is experiencing (and both tenants and lessors also greatly suffer from) are simply due to the 2 months without grounds provision and the unreasonable and unrealistic time frames imposed on people about their houses (investments) and their homes.

Real Estate Excellence will continue to assist the Industry in the required education, best practice and compliance issues relating to the RTRA Act. Thank you to the RTA for the opportunity to provide this submission on behalf of Real Estate Excellence Members, Clients and the Real Estate Industry. If the RTA have any further questions or require any further assistance, please contact the writer of this submission. It is hoped that the unintended consequences of the two months without grounds provision introduced on 1 July 2009 through the RTRA Act are quickly amended by the Queensland Government to allow for reasonable and realistic procedures and legislative framework to assist all stakeholders (industry, tenants and lessors) to move forward in harmony.

Yours sincerely




Stacey Holt
Director, Real Estate Excellence Academy Pty Ltd
Sent via email - stacey.holt@realestateexcellence.com.au
0423 018 539

Customer Service can make or break a business

Sunday 25th April 2010 10am - Anzac Day "lest we forget"

I was reminded yesterday of how people can make or break a business. I was at a rather large well known stationary shop and was making my usual high dollar amount purchase (due to the nature of my business). It was around 4.30pm and there was a very long line up of other customers like myself waiting to be served with one cash register opened. Staff were behind three other registers however they 'were counting the money and closing the registers' and avoiding eye contact with anyone. Other customers were getting quite annoyed, whilst I must admit I wasn't, I chose to just enjoy a few moments of quiet reflection.

All of a sudden there was a break away, a staff member had chosen to again upon the register! The gentleman in front of me with a small child almost ran to be served first, and then I 'slowly' joined him. I asked the staff member if she was opening to serve the customers, or something like that in a very friendly like manner. Well, this lady might as well have been a two year old about the throw the terrible two's tamper tantrum! She huffed, puffed and rolled her eyes. I felt my temper rise very quickly! I found myself saying "I am very sorry for being a customer and putting you out". I actually don't think I said this in a nasty, catty way; it was almost sincere with a touch of sarcasm though I must admit. Seriously though, where was this attitude coming from and why? Hard to understand.

A couple of hours later at my favourite Alderley Thai restaurant, what a totally different experience (SIRI Thai, South Pine Road Alderley). The service is beyond perfect and is very kind, sincere and exactly what most of us want from service providers. A genuine approach with a great understanding of great customer service. How refreshing!

Here I am talking about a extraordinary business and an ordinary business; note how I have named the extraordinary one. Most people would also name the ordinary one and what do most people remember?

Until Next Time... Lest we Forget

Stacey Holt

the diverse roles of a real estate agent and property manager

12th April 2010 7am

I was reminded this past weeked of the amazing role that agents play in people's lives. I often think of the privileged role agents play for people; as agents we get to see the best and sometimes the worst of people. Thankfully more often we see the best. Not only do agents deal with property, they also deal with human emotions, financial issues and real life issues such as domestic violence, which is a very unfortunate part of society.

This past weekend, one of my advisory clients had a death of a tenant. These agents not only have to deal with the sad passing of a tenant (a person, a human being) but the death occurred at the property. The licensee and property managers now have to deal with the family of the person who passed, but also, their legal focus is to ensure that their landlord's best interests are protected.

I have long said that the role of a property manager is to 'maximise their clients income whilst managing minimising the risks'. However in this situation, it is more than 'technical process' for an agent; it is also emotional.

Real estate agents have long been stereotyped, very unfairly I must say. Every industry has its own 'bad eggs' - there are people who are poor accountants, lawyers, waitresses, car detailers etc (you get my point) - but for who knows what reason, most agents are not favoured. Why I ask? Majority of agents are exceptional people who are passionate about what they do.

Remember this next time you think of a real estate agent; how many professions have the possibility of doing all (listed below) in one day whilst at work;

* bank manager
* debt collector
* marriage counseller
* grief counseller
* lawyer
* builder
* interior designer
* inspector
* accountant
* negotiator
and the list goes on and on!

For all those agents out there, good on you! You are exceptional people who are underrated by some of the community.

Until next time..

Has basic customer service been forgotten?

March 27th 2010

As I write this I am on a plane heading to Alice Springs to speak at a National Real Estate Conference. The flight has got me to thinking about an issue that I have already previously in part addressed; customer service. I recently canvassed the question does anyone say please anymore? These past two weeks has got me to thinking quite a lot about customer service and the important of going back to basics.

I have had the pleasure and privilege this past fortnight to travel to Rockhampton, Gladstone, Toowoomba, Ipswich and have had several real estate training presentations in Brisbane. I must comment on the amount of positive and very pleasant experiences that I have had with our own real estate industry. But outside influences have had me considering the customer service principles. For example; a very well known non budget airline that I am flying with this morning have got me thinking whether they are worth the extra monies compared to the lower budget airlines. The service by most from this particular business is almost appalling! As an example; I found myself apologising in a very professional way for bothering them to get me a cup of tea! It was if i was a huge imposition on their day. I had to think myself as to what actually is an air hostess position when we are on flights.... then I remembered, to serve the customer and be of assistance in case we needed assistance or something like that.

As I write this, and reflect on today’s service, and other businesses (outside of real e state that I have dealt with recently ) I remember the true reality that some of us may not think about, and that is ‘the people I have dealt with today’ are just that ‘people. Meaning that aren’t people in business so powerful (not only the staff but customers), they can make or break a company/business. Such as I am actually thinking will I renew by membership to a certain club when flying, is it worth it? This is how much impact service by people obviously has on a business.

The power of one is a statement that can be explained in some many ways. Business owners should more than ever be considering spending their hard earned money on training their staff and going back to basics. The true value of each customer, of each person that comes into contact with your business should be clearly understood by all staff. In this extremely competitive business world for us all, i know that I am certainly realising the power and importance of every person that makes contact with my business. MY aim is to make the person I am with (whether it be one or a group of 100) feel like they are the most important person in my business during that time that we are in contact, and hopefully that experience will be remembered and shared positively with others. Most businesses are here for the long term; I know that my business Stacey Holt Real Estate Excellence is here for the long haul and I am determined to always remind myself (and future staff) of the customer service back to basics principle.

I've been everywhere....

Friday 12 March 2010

As I write this I am sitting at Brisbane Airport, Friday afternoon waiting to go home. I am looking forward to sleeping in my own bed, but am far from complaining.

Sunday to Wednesday saw me in Mackay for a couple of days work, though I sure did find some time for relaxation with family and friends. I thoroughly enjoyed catching up with Mackay salespeople, licensees and property managers!

Thursday saw me at a early breakfast presentation on the Gold Coast, then an afternoon flight to present to NSW Salespeople and licensees.

Now here I am!

The business focus has been a great variety this week, with a vast range of presentations and client/industry needs.

One thing that is consistent is the focus in our real estate industry of risk management; a saying that I always have said, still say today, and will say until I draw my last breath is...
"The person most likely to win in a court of law is the person with the most credible evidence.."

Creating credible evidence involves sound risk management practice, effective consistent systems and an understanding of relevant legislation to ensure best practice and compliance.

Regardless of the industry we are in, there is always an element of risk; sadly this is a reflection of our society and the day and age.

But on a positive note; the majority of our industry are wonderful people (as with any industry there are some questionable people) but with real estate I would say there is only one or two that are questionable :)

Next week sees my Real Estate Excellence in Gladstone, Rockhampton, Brisbane and Toowoomba!

Until next time...

Do we still say please?

5th March 2010

Another great week!

an interesting thought and observation came to me quite often this week; and that is what I refer to as basic manners... the use of please and thank you.

This week saw me travel from Gold Coast, Sunshine Coast, functions in Brisbane and Redcliffe. Visiting many different function venues (particularly in the last 8 years in my education and presenting role) you accept the 'good venues' and you learn to swallow (as hard as that is) the 'shocking ones'! I guess with any business, and in any industry, this happens. I had exceptional service at all "the Greek Club Brisbane", the Events Centre Maroochydore, Karrawa Surf Club Broadbeach to name a few. I would not normally 'name', however when it is good praise, yes! I believe in naming...

During my week I had the occasion to think, on several occasion about, what I call, basic manners, please and thank you. Once I really listened, really became aware of these simple manners, I was horrified to realise a lot of people don't seem to use the words thank you and please! I don't mean to be negative, only honest as part of my own observations once I became aware.

Whilst I am far from perfect, and certainly am not 'judging' - I was mortified by the lack of manners used by young and old alike in this past week.

I wonder what this means.. are 'some' of us too busy to say the magic words, that I must say, regrettably don't get used in our real estate industry often enough, and that is thank you and please! AND I mean people thanking you and saying please to you as agents... People are quick to complain, but are they so quick to thank?

Until next time...

March 2010 Real Estate Excellence Industry Update

March 1 2010

I hope that this update finds you and the business going well. Hard to believe we are already in March! Sustainability and QCAT continue to be the two main topics of discussion in our industry. In relation to sustainability, the fines amnesty ended as of 1 March 2010; below is an extract from the latest Building Codes Queensland Division Newsflash. www.dip.qld.gov.au

On-the-spot fines – Sustainability Declaration

From 1 March 2010, on the spot fines will commence, and will be issued by:

• local governments for offences under the Building Act 1975 by home sellers, such as where a seller fails to prepare a sustainability declaration ($200 on-the-spot fine)

• the Department of Fair Trading for offences by real estate agents under the Property Agents and Motor Dealers Act 2000, such as failing to conspicuously display a sustainability declaration at a home’s open inspection($200 on-the-spot fine)
NOTE: the maximum penalties range up to $2000 for sellers (as per the Building Act) and up to $10000 for real estate agents (as per the PAMD Act). The sustainability declaration (and much more!) is discussed in all upcoming sales training workshops being held by Stacey Holt Real Estate Excellence. Visit the website OR contact me direct for more information. Also, the next morning tea event in Brisbane is with the OFT (Office of Fair Trading) whereby the declaration and many other issues will be discussed

QCAT – Queensland Civil and Administrative Tribunal

The morning tea with QCAT event, which was held on the 22nd February was well attended with the event booked out several weeks prior. Louise Logan, Principal Registrar of QCAT, gave a very informative and interesting presentation. The frustration of the industry was evident in relation to time frames for hearings. As discussed at the session, though it is far from ideal, the introduction is the biggest change to the Queensland judicial system in over 50 years. In the Real Estate Excellence QCAT Nuts and Bolts Workshops to date, I have been using the analogy of a ‘three month old baby’ – given that QCAT is now 3 months old. Whilst it is realised that these teething problems may cost lessor clients money (and agents), more than ever lessor protection insurance is to be strongly recommended by property managers and agents. Although insurance is not the answer to this problem, it is a sound risk management strategy for both lessor investors and property managers. The QCAT Nuts and Bolts intensive workshops are being held in many areas throughout Queensland.

Industry Best Practice

The following best practice tips are based on areas of agency practice that have been a common theme from clients these past weeks. I hope the following information is of benefit to your business.

Administration and Licensee Best Practice

Did you know that the PAMD Real Estate Agency Practice Code of Conduct requires that the agency prominently display to the public that there is an industry Code of Conduct and all staff must promptly advise a member of the public (customers and clients) where they can obtain a copy of the Code of Conduct for Real Estate Agents if requested?
For information about career development training focusing on risk, compliance and best practice for administrators and office managers, visit the website or contact me direct for more information.

Residential Sales Best Practice

Did you know that Section 31 of the PAMD Real Estate Agency Practice Code of Conduct requires that salespeople notify the seller immediately in writing if a buyer has not paid a sales deposit in accordance with the terms of the contract? The late deposit is not to be accepted by the agency unless the seller has been advised in writing by the agency and the seller has authorised the acceptance of the late deposit in writing.
For information about career development training focusing on risk, compliance and best practice for salespeople and administrators, visit the website or contact me direct.

Residential Property Management Best Practice

Did you know that there is confusion in the industry about rent arrears and repeated breaches? The RTRA Act states that if a tenant is more than 7 days in arrears of rent, then on the 8th day, a notice to remedy breach for rent arrears can be issued. If the tenant does not remedy the breach in the 7 day breach time period, then after the expiry of the notice to remedy breach, a notice to leave for rent arrears can be served. (add postage time frames if posted) Time frames do not need to be added for email, fax or hand delivery notice of delivery. The repeated breaches provision in the Act is a completely separate matter and is a provision in the legislation for ‘repeat offenders’; meaning that if a tenant (or lessor for that matter) continually breaches the act or agreement and notice to remedy breaches are served, and then they are remedied during the breach period, on the third or more notice to remedy breaches for the same event, the lessor/agent (or tenant) can apply to QCAT on an urgent application for termination on grounds of repeated breaches.

Until next time, enjoy Autumn!

www.realestateexcellence.com.au

What's next!

Saturday 20 February 2010

WOW, what another exciting, adventurous and very interesting week it has been both personally and professionally.

The business hit a few exciting milestones this past week, including my first interstate client, my 5th advisory client (on agreement) and secured two 12 month IN House Training Agreements. Plus, one of the highest moments of the week was working with one office in particular; their professionalism, class, knowledge and hunger for education had me wanting to jump as high as I could in the sky! Love working with some amazing wonderful motivate professionals, as is indicative of much of the real estate industry.


Personally, we got a new family car - a MINI Cooper S, Black - after having a black car years ago, which I loved, I swore I would never get another black one as it is very hard to clean! But as they say, never say NEVER! I love the mini, very cool with sunroof and leather seats plus other cool options.

Until next time...

Commericalism and special events in our lives

February 14 2010

As I walked through my local shopping centre this morning, I got to thinking of an old debate about certain special events of the year, Christmas, Easter and Valentines Day to name but a few events that are special to most of us.

As I stumbled past the vast array of flowers and chocolates (that even I felt guilty for not getting some for my loved one) I then ran into the HUGE array of Easter eggs! What the???

Most of us have long questioned the commercial reality as opposed to the reality of certain days that are marked on our calendars by 'others' (not us). We of course choose whether we celebrate these days that are told to us by other to 'celebrate'. There are a few of us in our society who choose not to celebrate the days; either at all, or particularly not in a commercial sense.

Every day in a relationship should be valentines day; and yes I know, relationships are not a 'bed of roses' - pardon the pun. Nor am I looking at life and relationships through 'rose coloured glasses' - again pardon the pun...

But seriously, relationships are not easy - nothing worthwhile is; but in saying that why is one day chosen in which we turn to our significant other and 'appreciate them' and shower them with gifts of which we've normally paid a huge mark up on as the day comes to quickly after Christmas and we all so busy with 'life'.

My point, my observation is to try and live all our lives like everyday is Christmas (celebrate) like it is Valentines Day (appreciate and love our other) and like Easter (eat good chocolate) Why wait for that one day of the year?

Until next time...

Reflections

February 13th 2010

Don't you find it amazing to look back on your life, either professionally or personally and realities hit home as to why certain things have happened. The old saying 'everything happens for a reason' is something I believe in; the problem with that is, at the time of something happening in your life, we may not know why it actually happened, but some time later, days, months or even years, the 'reason' becomes apparent.

I have had a few moments like that this week; some too personal to explain but some I can. Regarding my career, it has been a long amazing, sometimes tiring journey. That journey is still continuing and is far from over I know. But the stages are certainly very different; I reflect back on my early days with Bill Hamilton and Co Real Estate (now Ray White Biloela) when I first began. I laugh greatly about some memories of those first days, especially when the property manager at the time said 'rent arrears' - I had to ask what rent arrears were! Oh my goodness did I really admit that!! I was only 19! (think there is a song called that, but a much more serious issue that one)

I then moved onto Ray White Rockhampton for many wonderful years, then Ray White Corporate. After that the REIQ and now here I am (gee I know I fast forwarded those reflections :) but let me tell you, there are many poignant moments in my career that I have recently realised why that 'event' happened. During a presentation to licensee's this week (in a licensee workshop, I found myself saying Real Estate is all I Know, and that is so true. Though I did do bar and restuarant work at the Boomerang Hotel Mackay but that story is a novel in itself :)

I am blessed to have and to have had such amazing people surrounding me, supporting me and believing in me. Sadly some of those great people dropped off (and I don't mean where we all end up one day) a long the way, which is unfortunate however there are three reasons they say that we meet people, for a reason, for a season,or for a lifetime.

Life is good, no complaints. Another great week for my business. Onwards and Upwards as my dear old friend said to me last night (thanks Ray)

Until next time..

Mid February 2010 Real Estate Excellence Industry Update

Mid February 2010 Real Estate Excellence Industry Update
Industry Update

With the government introducing a new version of the QLD Sustainability Declaration on the 4th February 2010, the industry also got the news last weekend about the Federal government introducing mandatory energy assessments for both sales and rental properties from May 2011. The Queensland media do not appear to have picked this news up as yet.
Visit www.realestateexcellence.com.au - then USEFUL Information and click on Real Estate Media and Sustainability for more information.


A reminder about upcoming events throughout Queensland being held in March and April. Visit the site and click on USEFUL Information *upcoming events OR contact me direct.


Until next time....

About Stacey Holt - Real Estate Excellence

Stacey Holt began the business Real Estate Excellence in January 2010 to continue and expand on an already extensive and successful real estate career. Prior to the launch of her own business, Stacey had 8 years in agency practice in regional Queensland, followed by 2 years in a franchise corporate role. After the franchise role, Stacey then spent six years in a corporate position, as an industry trainer and then best practice and policy manager based in Brisbane, for the Real Estate Institute of Queensland (REIQ).

The corporate position saw Stacey travel around Queensland on a regular basis educating the real estate industry on issues relating to best practice, policy and legislation. Stacey, in her former corporate role, consulted with government on a range of issues that greatly affect the industry including the Sustainability Declaration and the Residential Tenancies and Rooming Accommodation Act.

In addition, Stacey has been a speaker at many Queensland and National conferences, authored regular monthly articles for a Real Estate Journal and has written and presented numerous real estate training programs. The many programs that have been written and presented by Stacey have all had the three main streams and focus required for today's real estate professional; best practice, compliance and risk management.

Stacey Holt Real Estate Excellence sees the beginning of a new era of service and education Excellence for the Real Estate Industry. Today’s real estate professional needs expertise from an industry specialist who can assist the business in compliance, best practice and risk management in no nonsense fashion.

One of Stacey’s areas of expertise is her ability to ‘plain speak’ the law and explain complicated legislation in a simple way that we can all understand! Stacey is also well known for her passion and legislative knowledge and is a firm believer of keeping things simple in her delivery of real estate education. Knowledge is Power has long been a motto of Stacey’s which has seen her continue to prosper in the industry of professional Real Estate.

Testimonials can be provided upon request. Please refer below to some of the many testimonials that can be provided.

TESTIMONIALS

____________________________________________________________________________________

I have great pleasure in providing some feedback regarding Stacey Holt of Real Estate Excellence of whom I have known for many years in a professional capacity.

I am co-director of a large franchise office in Australia and over the last decade we have worked very hard to build the company and take it forward as professionally and progressively as possible. This would not have been possible without listening and learning from those in this industry that have proven expertise and knowledge about the legislative and practical side of real estate and fewer are held in higher regard across this diverse industry as Stacey Holt.

I first came into contact with Stacey when she was working for an agency in Rockhampton and a chance introduction and debate about tenancy policy at that time was all that was required for me to ascertain I was debating with a most knowledgeable and professional individual.

It therefore came as no surprise to me when I learned that Stacey had later been appointed as a best practice and policy manager for the REIQ and over a period of 6 years continued to advise agencies in areas of best practice in both small forums and large conference speeches in her own plain speaking and knowledgeable manner.

Now though her company Real Estate Excellence we as an industry have a new ability to receive best practice advice personalised to us individually in our roles and I would encourage any person serious about success in real estate to swiftly acquaint themselves with Real Estate Excellence or risk operating in an industry where ignorance is no defence and the differences between success and failure are slim, so there would be no good reason not to ensure you protect yourselves, families and careers through best practice operations of your office.

If any person reading this would like further insight into Stacey’s background or information on the benefits of engaging an individual of this caliber from an independent third party then I would have no hesitation in inviting them to contact me.
_____________________________________________________________________________________

I have watched with interest as Stacey has developed her skills in all areas of real estate. Stacey has been a guest on our radio show on a number of occasions and speaks with confidence and authority on a broad range of real estate topics.

Stacey's new business will allow her to focus on what I know she enjoys and that is the development of people. She has a wonderful communication style and an ability to impart a lot of knowledge and instill confidence. I wish her every success. I have no hesitation in recommending Stacey Holt and Real Estate Excellence.

_____________________________________________________________________________________

Although I have personally known Stacey Holt for more than eight years, our company have had the pleasure of utilising Stacey Holt for training in Qld for the last three years.

Her presentation style oozes energy and passion, she has the ability to keep an audience enthralled, no matter how heavy the topic. She is a crusader for our industry and agents should feel blessed that Stacey is available for training and assistance.

Personally, I have always found Stacey to be an extremely diligent person, I believe she has an analytical mind and her wealth of Legislation knowledge is exceptional, which gives agents peace of mind that any question, query or concern that is given to Stacey to address is not answered unless she is 100% sure her answer is correct.

In all my dealings with Stacey, I have found her to be honest, loyal and a person of high integrity and ethics.
_____________________________________________________________________________________

The writer/s of these testimonials details can be provided upon request.
February 6th 2010

The week that was...

Saturday 6th February 2010


It has been a huge week in the business which is fantastic! I had a diverse week, with a mix of Auction training for a group, consulting with property managers for a day on the coast, then a workshop with sales people focusing on sustainability and contracts. An interesting mix of subjects and topics, and with great people!

I was reminded (not that I ever forget) what the 'real world' in real estate was like this week, when one of my clients phoned me just as I was arriving at the office for our 8am consulting appointment to say that she was racing to a property as she has received a phone call to say that water was running everywhere at this vacant property. After a disaster was quickly managed, the client informed and steps taken to 'fix' the problem, we then settled in for a fantastic productive meeting!
( I must comment on this client; an agent of 21 years, licensee for 10 - and wow, she has the energy and passion that would be the envy of most) I walked away from her feeling energised (and maybe a little bit exhausted) - just kidding. People like that are remarkable.

Late Friday afternoon (4th February) I received confirmation that the Office of Fair Trading QLD will do a presentation to our industry on March 17 2010. Which will be fantastic!

The events being held across the state are getting alot of interest and registrations, thank you to those who have registered! We are going to have great property management and sales training workshops!

Until next time...

and ps. the week that was FANTASTIC! and I love my iphone! (am wondering how did I live without it?

To IPhone or to Not IPhone... that is the question

Well, it is probably too late to be pondering that question given that it is now 24 hours since I have owned an Iphone.... I am the type of person, that up until now, still had the hard cover black diary and the very simple nokia mobile that did simple talk and text; to be quite frank, that suited me, as simple is best!

Having said that, my life has now dramatically changed. I pondered this as I went for daily walk/run with Iphone and Ipod (not long gave up my old MP3 either if truth be known) I checked emails whilst I walked, sent a few sms and thought ' this will either be a very good thing for me, or a very bad thing..' I am hoping that I don't start waking in the night looking for my Iphone. Must set rules for myself rather quickly as know my weaknesses, and I know my strengths... Not sure which one this is (strength or weakness) but will the IPhone suit my addictive personality..

Only time will tell whether I continue to IPhone or Not... but apparently my life will never be the same again. I fear that 'those that say that' are in fact correct...

Until next time..

Advisory Services now available

Stacey Holt Real Estate Excellence can provide phone and email real estate agency advisory services on a month by month, 6 month or 12 month term. The advisory service also includes a best practice monthly article that can be used for IN House Training. The article will be alternate Residential Sales or Residential Property Management focused.


The terms of the agreement are:


Reasonable contact by client to Stacey Holt via phone and email for the licensee, property management team, sales team and administration team. Same day phone response if call is made before 3pm on a business day (after hours number may need to be provided as the return call may be after 5pm). If call is made after 3pm, the return call may be made on the following business day. Email best practice advice response may be provided within one business day. The advice and article provided will be general real estate agency best practice. The advice and article that will be provided is not legal advice.

Month by Month Investment $ Contact Stacey Holt

6 month Investment $ Contact Stacey Holt

12 month Investment $ Contact Stacey Holt

Payment terms are in advance for term of agreement via direct deposit or cheque payee Stacey Holt.

Consultancy services, Training Seminars and IN House training services are an additional service and cost.

Enquire about these services as they too can be bundled into packages.

Is it really nearly the end of January...

Wow, January has flown by and the song "Girls just wanna have fun" is ringing in my head.. (you know one of those songs that just won't get out of your brain!) Things could be worse I guess!!

What a week it has been again. Thank you again to the wonderful people that I met with, and spoke to this week. It is inspiring to work with so many motivated professional people in our Real Estate Industry.

I had a very productive week with a lot of goals kicked; thanks to my wonderful brother I am managing my own website which has been great to learn. After 16 years working with wonderful administrators, to now starting up my own business, the training wheels are definately on!

Began marketing some events this week for Brisbane, Rockhampton and Mackay; looking forward to catching up with many long term friends then.
Going out for dinner tonight then taking a few days R & R (well going to try) but no complaints from me, as this is FURKING... Lucky Me!

Until Next Time...

Sustainability Declaration

Sustainability Declaration legislation leads to confusion
Posted on Friday, January 15 2010 at 5:53 PM

Around 70 per cent of real estate agents are either not fully compliant or have made no effort to comply with Queensland’s new Sustainability Declaration legislation, according to recent research.

Wade Short of Sustainability Disclosure Services says the new legislation, which came into effect two weeks ago, has industry stakeholders confused about their obligations.

“Our office receives over 20 telephone calls per day from real estate agents asking for clarification of what their responsibilities are, yet our business is primarily based on offering a service to complete the declarations on behalf of vendors and although happy to help, this should be the responsibility of the department,” he says.

According to Short, the problem began in late December when the Minister delayed the issuing of on the spot fines, which has led some to believe that compliance isn’t necessary until March 1, which isn’t the case.

sourced from Australian Property Investor

http://www.apimagazine.com.au/api-online/news/2010/01/sustainability-declaration-legislation-leads-to-confusion

QCAT UPDATE

Friday 4.30pm 15th January 2010 (Australian (QLD) time)

Subscribers to Stacey Holt Real Estate Excellence mailing list received this information earlier this week.

Following is an important update about QCAT (for licensees and property managers)

QCAT has fortunately now allowed for agents to show the PAMD Form 20a (management agreement) and the front page of the tenancy agreement, in lieu of the new QCAT form Application for Leave to be Represented. This is good news for us all, if not a little confusing! But the good news is that the little confusion we’ve had now due to the Tribunal change of position is better than the possible result that the Application for Leave to Be Represented would have had for our industry if it had to be used with every application.
The information below has been supplied by QCAT with some edits made by Stacey Holt Real Estate Excellence for best practice.
“A lessor's right of representation by an agent in a Tribunal proceeding lies in section 206 of the Residential Tenancies and Rooming Accommodation Act 2008 (RTRA Act) and section 23 of the RTRA Regulations. Essentially, provided the tenant has been given a notice of the agent's name and address for service in compliance with section 206(1) then under section 206(3) the agent stands in the lessor's place for 'prescribed proceedings'. Section 23 of the RTRA Regulations defines 'prescribed proceedings'.
QCAT registry practice will be to accept an application made by an agent on behalf of the lessor provided the agent lodges with the application documentation which demonstrates that the tenant has been given notice under section 206 of the RTRA Act 2008. For example, the front page of the tenancy agreement or other document that demonstrates this.
An agent relying on section 206 of the RTRA Act 2008 should come to the hearing with evidence capable of establishing that they have complied with section 206. It would be prudent and best practice for property managers to have a complete copy of the tenancy agreement and any other documents that is relevant to this issue. Such evidence could constitute copies of emails, faxes, prepaid post or details of time and dates of personal service and/or compliance with the receipt of Notice conditions of the agreement. Whether the property manager establishes this to the satisfaction of the tribunal is a question for the tribunal hearing the application and it is not appropriate that a practice direction be issued.
If an agent is unable to rely on having complied with section 206 of the RTRA Act then they must seek the leave of the tribunal to appear on behalf of the lessor. This would mean completing the QCAT form Application for Leave to Be Represented”.
Section 206 of the RTRA Act has been copied from the RTRA Act below
206 Lessor’s or agent’s name and other details
(1) On or before the day the tenant starts occupying the premises, the lessor or lessor’s agent must give a written notice to the tenant stating—

(a) the lessor’s name and address for service; or
(b) if the lessor has an agent who is authorised to stand in
the lessor’s place in a proceeding prescribed under a
regulation (the prescribed proceeding)—the agent’s
name and address for service.
Maximum penalty—20 penalty units.

(2) If a detail mentioned in the notice changes, the lessor or agent
must give written notice of the change to the tenant within 14
days after the change.
Maximum penalty—20 penalty units.

3) If details of the agent mentioned in subsection (1)(b) are given
to the tenant under this section, the agent stands in the lessor’s
place for a prescribed proceeding and, for example—
(a) the proceeding may be taken against the agent as if the
agent were the lessor; and
(b) a tribunal may make an order against the agent as if the
agent were the lessor; and
(c) settlement may be made with the agent as if the agent
were the lessor.
(4) In this section—
address for service means—
(a) for an individual—the individual’s place of residence or
place of business; or
(b) for a body corporate—the body corporate’s registered office or place of business.

Below is section 23 from the RTRA Regulations

23 Proceedings in which lessor’s agent may stand in lessor’s
place—Act, s 206(1)(b)

For section 206(1)(b) of the Act, any application a lessor or tenant may make to a tribunal is a prescribed proceeding.

In addition, refer to standard term 43 of the General Tenancy Agreement

43 Lessor’s agent

1) The name and address for service of the lessor’s agent is stated
in this agreement for item 3.
(2 Unless a special term provides otherwise, the agent may –
(a) stand in the lessor’s place in any application to a tribunal
by the lessor or the tenant; or
(b) do any thing else the lessor may do, or is required to do,
under this agreement

Remember Stacey Holt Real Estate Excellence can provide IN House Training, consultancy and advisory services. I hope this advice has been of help to you and your business.

www.realestateexcellence.com.au

Successful people don't get many compliments

4pm Friday 15th January 2010 - (Australian (QLD) time)

I've met with some amazing people this week and after the amazing week that I've had yet again, it has got me to thinking that successful people don't get many compliments. This may sound strange to some, but one person in particular comes to mind; Kevin Turner from Real Estate talk www.realestatetalk.com.au - one of his many talented hats. He has been in the industry for many many years (must be at least 20 to 25 years) - he has ran successful agencies, been sucessful in corporate roles and a great auctioneer. He is now a radio announcer on 4BC plus co founder or RE Uncut www.reuncut.com.au. I have known Kevin for around ten years. Even from my humble beginnings as a receptionist, property manager, office manager, then corporate roles, Kevin has always been a wonderful, supportive person who has encouraged every move that I have ever taken. Now with the launch of Stacey Holt Real Estate Excellence, he has again extended his welcoming hand of support. There are many others people like Kevin, who are such great ambassadors of our industry and who I like to call unsung hereos. I could name a few more... Hope Kevin doesn't mind that I have used him in particular in my thoughts today. But thanks Kevin and to all those unsung successful people who probably deserve a few more compliments.

Thanks to the amazing people I met with last week! Life is good, real estate is great and most importantly the people are fantastic!

Until next time...

and just when you thought you knew...

To say that the week so far has been entertaining would be an understatement!

Potential clients, and new clients have made contact, which has been fantastic to touch base with so many wonderful people. It is so exciting to work in an industry full of focused, motivated, career driven professional people. The enthusiasm is contagious.

I recall once, years ago, a corporate high flyer said to me when I was starting out, that 'Stacey all you need to succeed is enthusiasm and confidence; the rest will take care of itself'. How true that statement turned out to be, as today I continue that motto and belief.

People want to associate with people who are passionate, confident and enthusiastic. In reality it is difficult to maintain those high energy levels all the time, but then again, who says you have to all the time; most of the time is good enough I say!

To think that a statement made almost flippantly many years ago, continues to impact my life, is great. I am a firm believer that all events, occurrence's, comments and situations happen in our lives for a reason, good and bad. Sometimes at the time you wonder why something is happening to you, then most times you reflect and realise why that certain thing happened..... who knew...

Until next time...

Week 2 is about to begin

Well, I am hours away from officially beginning week 2 of my new business venture. I have 11 appointments with wonderful people, plus a couple of other wonderful opportunities that have come my way! More to be revealled later in the week.

This week I am focusing on some clients who've contacted me expressing their business needs. I am going to focus on plans on how my business can help their business.

I went and watched the new movie Avator today, and whilst I enjoyed it, I must say I questioned my own expectations. All I have heard is rave reviews, whilst I thought it was 'alright'. Wouldn't rate it as one of the best. Though the graphics and colour were impressive, I dare say I will quickly forget the movie. hmmm... Maybe I have become too hard to please. I have heard that it cost 50 billion to make? what the?? and that it has already made double that. Well good for them I say.

Personally I am so motivated and excited, I must be careful that I am channelling my energies into the right fields. I think I am, but as discussed in my last post, I am learning... and always hope to be.

I am looking forward to another successful and fun week! There would be a few people heading back to work tomorrow (some of us have already been around for a week)

Have a great week everybody!

Until next time...

The first week of my business

It has been an amazing week professionally and personally.

The amount of support and feedback I have received has been overwhelming and appreciated.

The aim of my business, well one of many, is to start small, but think big! Meaning the personal service means a lot to me. I am learning a lot quickly as well, which is great. Throughout my career, and still today, I have always aimed to learn at least one thing a day. I believe in education, in learning. It is probably why I love my career as a real estate educator so much.

This week's issues for the industry are still the sustainability declaration and QCAT. I encourage people to join me on Facebook - either through Stacey Holt Real Estate Excellence fan page, join the group Real Estate Excellence E news (again on facebook) or subscribe to my mailing list on my website http://www.realestateexcellence.com.au/. I can quickly get you up to date on these and other real estate issues.

Anyway, it is Saturday, nearly night and time to try and switch off; though I don't call this work, it is my passion and life. Lucky me!

Until next time...

but wait there is more

I feel the need to write a little more after my first edition Real Estate Excellence Industry Update.
Thank you to many of you who have contacted me in recent weeks. It means a great deal to have the support and friendshp of so many in this wonderful real estate industry.

Until next time..

January 2010 Real Estate Excellence Industry Update

Happy New Year! I am excited about the launch of my own real estate education business. If you visit my website and subscribe to the mailing list, you will be provided with relevant industry updates, best practice tips and be advised of any upcoming Real Estate Excellence public events. These relevant updates will be sent to you on a regular basis. If there are particular issues that are important to the industry, information will be sent to you as soon as it comes to hand.

Stacey Holt Real Estate Excellence has been established to continue assisting the industry to strive for excellence. The focus of the business is real estate industry education in three key areas
· Best practice;
· Risk management; and
· Compliance.


Industry Update

The Queensland government are proposing new safety switch laws. For more information visit http://www.realestateexcellence.com.au/ and click on Useful Information. From there, visit safety switch laws. There is further education and information on issues such as Sustainability, QCAT, pool fencing and new Industrial Awards for the Industry.

How is the Sustainability Declaration going for you and your business? I would love to know if you have any feedback. I sure hope that it hasn’t caused too much grief for your business. Regrettably, some of the Industry appear to have misunderstood the fact that the new laws apply to every residential sales listing as at 1 January 2010; not new listings as at that date. Also, whilst the government have put an amnesty for fines until 1 March 2010, the law is still in force now. Visit http://www.realestateexcellence.com.au/ for more information. An IN House training session on sustainability (and a vast range of other sessions) can be presented to your business. Alternatively, you may wish to consider utilising the advisory services. Advisory services can be packaged month to month, quarterly, 6 months or 12 months. The choice is yours.

How is QCAT going for property managers? Please provide any feedback and comments. I have heard of some delays in hearings however regrettably that is probably to be expected given the massive change that QCAT brought to not only our industry, but also to the Judicial systems. The forms are also very different to what we’ve all been used to. One of the key changes (there are many) is the requirement to complete a statutory form “Application for Leave to be presented’. This form is required to be completed by agents to apply to the Tribunal for approval to represent the client. Representation in QCAT by an agent of a lessor is not an automatic right. Visit http://www.qcat.qld.gov.au/ or ask the Registrar at your local court house if you have any questions.

My intention is to keep these updates and blogs personal. I pride the business as being professional, just like the real estate industry itself, I will always strive for the personal touch, because after all, isn’t that the success for all businesses- Personal service.
Best wishes for a successful 2010 for you and your business.

Until next time

Stacey Holt

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www.realestateexcellence.com.au/contact-us


I welcome any feedback, so please feel free to email me. Also, I welcome any ideas on what you would like Stacey Holt Real Estate Excellence to provide in these updates to assist you, your business and the industry. Please encourage colleagues to subscribe to the mailing list updates if you feel that they will benefit from receiving them. Thank you.