❓ Hon Tim Clifford asks about the government's plans to address real estate underquoting in WA, referencing similar crackdowns in Victoria and NSW. The government responds that underquoting hasn't been identified as a problem in WA and existing legislation covers agent conduct.
AnsweredQoN 1240Legislative Council
QuestionView source ↗
Real estate—Underquoting
1240. Hon Tim Clifford to
the parliamentary secretary representing the Minister
for Commerce:
I refer to the new
real estate underquoting rules in Victoria, which are aimed at increasing
transparency, protecting first home buyers and preventing illegal price baiting.
Similar crackdowns are happening in New South Wales.
(1) Does the government have any plans to either
legislate or change regulations to prevent the practice of underquoting in Western
Australia?
(2) If no to (1), does the government not consider
underquoting to be an issue for homebuyers in this state?
(3) If yes to (1), could I ask for a rough
timeline of any proposals, please?
1240. Hon Tim Clifford to
the parliamentary secretary representing the Minister
for Commerce:
I refer to the new
real estate underquoting rules in Victoria, which are aimed at increasing
transparency, protecting first home buyers and preventing illegal price baiting.
Similar crackdowns are happening in New South Wales.
(1) Does the government have any plans to either
legislate or change regulations to prevent the practice of underquoting in Western
Australia?
(2) If no to (1), does the government not consider
underquoting to be an issue for homebuyers in this state?
(3) If yes to (1), could I ask for a rough
timeline of any proposals, please?
AnswerView source ↗
I thank the member for some notice of the question.
(1)–(3) Underquoting has not been
identified as a problem in Western Australia. Under the Real Estate and Business Agents Act 1978 and the Real Estate and Business Agents and Sales Representatives
Code of Conduct 2016 , agents are obliged to follow the reasonable
instructions of the seller in relation to the price at which a property is
advertised. Agents are also required to act honestly and must not engage in
conduct that is misleading or deceptive or likely to mislead or deceive. Under Australian
Consumer Law, agents must also ensure that any advertised price range is based
on the reasonable expectation of what the seller is willing to accept and must
not engage in misleading advertising.
(1)–(3) Underquoting has not been
identified as a problem in Western Australia. Under the Real Estate and Business Agents Act 1978 and the Real Estate and Business Agents and Sales Representatives
Code of Conduct 2016 , agents are obliged to follow the reasonable
instructions of the seller in relation to the price at which a property is
advertised. Agents are also required to act honestly and must not engage in
conduct that is misleading or deceptive or likely to mislead or deceive. Under Australian
Consumer Law, agents must also ensure that any advertised price range is based
on the reasonable expectation of what the seller is willing to accept and must
not engage in misleading advertising.
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