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