I write this submission as Company Director of Real Estate
Excellence Academy Pty Ltd and on behalf of my 230 Real Estate Excellence member offices in
Queensland.
I have been an industry educator and advisor for over 13
years with prior experience in agency practice.
It is with great concern that the Government have proposed
the banning of price guides in clauses 214 and 216 of the Property Occupations
Bill.
The concern is for many reasons which include the following;
·
The banning of price guides greatly
disadvantages both parties in the real estate transaction; buyer and seller.
·
The buyer is greatly disadvantaged as they are
in a position of possible expense and frustration without knowing a price
expectation for an auction property.
·
The frustration felt by buyers is commonly targeted
at the real estate industry as they feel there is no transparency. This by
default may lead to complaints being made against agents in error.
·
The seller as a consumer should have the right
as to whether they choose to have price guides exposed to the market place.
Given that it is their property they should have freedom of choice as to how
they want their property marketed to the marketplace
·
The debate that the banning of price guides will
alleviate the allegations of agents under quoting is defunct given that there
are provisions in legislation for agents conduct and obligation in relation to
misrepresentation.
·
If it is found that agents are in fact
misrepresenting through under quoting, then of course appropriate action and
enforcement from the Office of Fair Trading should be undertaken
It is believed that total banning of price guides goes
against the grain of consumer protection; in fact it appears to have the
expected result of the complete opposite.
Transparency in real estate is paramount as is consumer protection. It is not understood what the actual intent
of such as proposed change of legislation such of this is and who is fact is
being protected?
Consumers such as buyers should have the right to access
information if the seller of the property allows. It is strongly recommended
that this provision be removed and the decision of disclosure be with the
seller of the property as ultimately they are consumers that should have the
choice in relation to disclosure of the price guide for auction property; not
the Government taking away their freedom of choice.
Submission from Real Estate Excellence Academy
(c) www.realestateexcellence.com.au
agreed stace, whilst I am not an auction expert by any means, your statement reading 'if the seller of the property allows' is key. IT should not be up to some legislative thing, it should be the seller's instructions, after they have been fully informed about the pro's and cons of the issue, that the choice should be in their hands, under advisement from their agent.
ReplyDeleteImagine the great agents who use price guides (like some McGrath offices) having one of their tools of success being legislatively removed from their arsenal, coz some legislator said so.
And depending who's stat you read, as many as half, perhaps more, buyers will completely skip a properyy where there isn't some indictation of price, or a price guide.
Good article as always stace.
Many thanks Glenn
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