January 21, 2012

Letter to LNP Leader Mr Campbell Newman regarding policy

Campbell Newman

Opposition Leader LNP

Sent via email

Dear Mr Newman

Real Estate Excellence (REEA) is a private education company representing some 6000 Members in Queensland plus a far reaching client database and social media presence. For more information about REEA, please visit www.realestateexcellence.com.au

We are seeking confirmation of LNP Policy in relation to the following matters.

·        Stamp Duty changes for principal place of residence

o   Does LNP intend to amend the rates that were increased by the current Government in 2011 and if so, what amendments will be made and within what time frame if elected?

·        The Property Agents and Motor Dealers Act is being replaced by the Property Agents Act and the Agents Financial Administration Act which are currently in Parliament as per the current Governments policy.

o   The Real Estate Industry has for many years had a huge disadvantage due to a complicated peace of statutory law. It has been on the Government agenda for many years to make much needed changes.

o    The current Government parliamentary agenda have the Property Agents Act and the Agents Financial Act tabled; what will LNP do in relation to this Act if elected and the current draft is not passed?

o   If the legislation is passed prior to election, will changes be made by the LNP as per policy objectives?

o   Will the LNP incorporate the warning statement with the Residential contract to eliminate red tape? What other changes will be made and if elected within what estimated time frame?

·        De Regulation of Residential Commissions

o   The current Government indicated in June 2011 that residential real estate commissions will be de regulated in the near future.  What is the LNP policy in this regard and what amendments if any will be made if elected? Also, if changes are to be made, within what estimated time frame?

·        The Sustainability Declaration statutory requirement currently in place is a complete waste of time and money. Real Estate Agents report that extremely few numbers of buyers have ever requested the form (the legislation has been in since January 1 2010) and most sellers do not complete the form and basically just sign a blank form. It is understood that it is LNP policy to abolish this requirement. Please confirm the LNP policy and within what time frame if elected will the declaration be abolished.

It would be appreciated if advice of any other policy objectives of the LNP that will affect the Real Estate Industry and the property market in Queensland be provided as part of the response.

Thank you in advance for your reply. This letter is open to the public and my client base and with your consent, would like the response from LNP to also be provided by REEA to Members and Clients. Please confirm that this is suitable to the LNP in your reply.

If you have any questions, please write or phone to the Director of REEA as per the contact details provided below.

Yours sincerely

Stacey Holt

Director, Real Estate Excellence Academy Pty Ltd (REEA)

0423 018 539

07 3161 1865

January 9, 2012

QCAT - two years on (Queensland)

QCAT (Queensland Civil and Administrative Tribunal) celebrated it's 2nd birthday on the 1st December 2011. QCAT was the biggest judicial change in Queensland history in over 50 years and replaced the former Small Claims Tribunal.

QCAT brought many significant changes particularly to the Real Estate Industry. Some of the significant changes included

* many new statutory forms

* jurisdiction to hear matters up to $25 000 (used to be $7500)

* all hearings are recorded and there is ability to purchase the hearing via transcript or via audio CD at relatively low cost

* ability to appeal decisions (subject to meeting the criteria)

* requirments to provide reasons for their decision and the ability to receive the reason for decision at no cost

* ability for matters to be reopened if a party did not appear and has a reasonable excuse for not appearing on the day.

One of the significant changes is also published decisions and published appeals for all to see. Queensland now has for the first time precedent law which property managers and licensees should be being kept up to date with decisions and appeals to allow for better negotiation and education with lessors and tenants over certain disputes. If there has been a decision made over a matter that is currently being dealt with within agency, some cases should be used to assist in negotiation with the parties.

Real Estate Excellence can assist with training in agency or via telephone. Contact www.realestateexcellence.com.au for a proposal for private services.

Information about QCAT and the forms are available at www.qcat.qld.gov.au