Court of Appeal Upholds Real Estate Agent Ban
Published Thursday, 24 April, 2008 at 04:23 PM
Attorney-General and Minister for Justice and Minister Assisting the Premier in Western Queensland
The Honourable Kerry Shine
A Gold Coast real estate agent has been banned from practicing for four years for serious breaches of the Property Agents and Motor Dealers Act 2000, Attorney-General and Minister for Justice Kerry Shine said today.
“The Court of Appeal has today reinstated a four-year ban on the real estate licence of Heather Filippini of Heather Filippini Island Realty at Paradise Point,” Mr Shine said.
“In 2006, the Commercial and Consumer Tribunal disqualified Ms Filippini from holding a real-estate licence and fined her $11,250 for obtaining a beneficial interest in property and selling a property without being properly appointed.
“Ms Filippini appealed to the District Court and in December 2007 she successfully had the ban overturned.
“My department appealed this decision and today the Court of Appeal unanimously agreed.”
Mr Shine said the Court found that the cancellation of Ms Filippini’s licence and her disqualification is warranted by the need to protect the community against further breaches of this kind by Ms Filippini.
“Real estate agents are placed in a position of trust by vendors, and it is very important that agents do not take advantage of this position,” he said.
“If an agent or a salesperson wishes to obtain an interest in a property for sale, they must act fairly, honestly and ensure the vendor makes an informed decision to sell to them.”
Mr Shine said in view of the seriousness of Ms Filippini’s actions, the Office of Fair Trading had doggedly pursued disciplinary proceedings against her since 2005.
“This is a significant decision and the officers involved should be congratulated for their hard work securing this penalty against Ms Filippini.”
Mr Shine said the Office of Fair Trading was committed to exposing rogue operators to the full force of the law, and that consumers should have confidence and trust in the real estate industry in Queensland.
“This decision is a clear reminder to all real estate agents the Act has a very serious element of responsibility.
“If an agent chooses to breach the law by deceiving their customers, they risk the loss of their licence, their reputation and their livelihood.
“The legislation is there to protect businesses and clients, it is not to be used half-heartedly. Licensees caught doing the wrong thing will be penalised.”
For more information on real estate agents’ obligations download a free copy of Real Estate Realities from www.fairtrading.qld.gov.au.
Media contact: Troy Davies 3239 6400 or 0488 799 273
“The Court of Appeal has today reinstated a four-year ban on the real estate licence of Heather Filippini of Heather Filippini Island Realty at Paradise Point,” Mr Shine said.
“In 2006, the Commercial and Consumer Tribunal disqualified Ms Filippini from holding a real-estate licence and fined her $11,250 for obtaining a beneficial interest in property and selling a property without being properly appointed.
“Ms Filippini appealed to the District Court and in December 2007 she successfully had the ban overturned.
“My department appealed this decision and today the Court of Appeal unanimously agreed.”
Mr Shine said the Court found that the cancellation of Ms Filippini’s licence and her disqualification is warranted by the need to protect the community against further breaches of this kind by Ms Filippini.
“Real estate agents are placed in a position of trust by vendors, and it is very important that agents do not take advantage of this position,” he said.
“If an agent or a salesperson wishes to obtain an interest in a property for sale, they must act fairly, honestly and ensure the vendor makes an informed decision to sell to them.”
Mr Shine said in view of the seriousness of Ms Filippini’s actions, the Office of Fair Trading had doggedly pursued disciplinary proceedings against her since 2005.
“This is a significant decision and the officers involved should be congratulated for their hard work securing this penalty against Ms Filippini.”
Mr Shine said the Office of Fair Trading was committed to exposing rogue operators to the full force of the law, and that consumers should have confidence and trust in the real estate industry in Queensland.
“This decision is a clear reminder to all real estate agents the Act has a very serious element of responsibility.
“If an agent chooses to breach the law by deceiving their customers, they risk the loss of their licence, their reputation and their livelihood.
“The legislation is there to protect businesses and clients, it is not to be used half-heartedly. Licensees caught doing the wrong thing will be penalised.”
For more information on real estate agents’ obligations download a free copy of Real Estate Realities from www.fairtrading.qld.gov.au.
Media contact: Troy Davies 3239 6400 or 0488 799 273