Perth’s new apartment market recorded its strongest quarter of sales since Q4 2021, with 412 apartments sold in Q1 2026 and a record quarterly sold value of $537 million, according to Urbis’ latest Apartment Essentials results.

Urbis said the March quarter result reflects strong, highly product‑specific demand across both ends of the market, from more attainable projects delivering at scale, through to premium stock being absorbed by equity‑rich downsizers.&nbsp;

David Cresp, Partner at Urbis, said the key story in Perth is not demand, it is the market’s ability to convert demand into delivered housing.&nbsp;

“This is the strongest sales quarter since Q4 2021, and it reinforces that demand in Perth is real and it’s local,” David Cresp said. “But the task now is delivery, turning that demand into projects that can actually be built and completed.”&nbsp;

[smartcode_project:default project_id=110291 project_image_fid=302785]

<h2>Affordable product leads, premium demand remains resilient</h2>

Sales in Q1 were led by more affordable projects, with The Boulevard (SKS Group) recording 115 sales in the quarter, the presentation noting this is only the second time a single project has surpassed 100 quarterly sales. The project was able to offer more affordable housing product right next to a train station.&nbsp;

Palmyra West (Finbar) also delivered strong results with 28 sales in Q1, following 84 sales in Q4, with an average price of under $800,000, underscoring depth of demand for well‑located, attainable new stock.&nbsp;

At the premium end, Urbis said downsizer demand is continuing, with the results highlighting Romeo (Applecross, Finbar) recording 75 sales and reaching almost 50% sold in one quarter.

Jual (Shenton Park, Celsius Property) also posted a strong quarter with 28 sales, reaching 39% sold in one quarter.

Urbis noted that Perth apartment demand is not speculative, not investor‑led, and not uniform, describing it as localised, often equity‑driven and highly product‑specific, a pattern reflected in the polarisation between strong “attainable” performers and premium downsizer product.&nbsp;

[smartcode_project:default project_id=148957 project_image_fid=364102]

<h2>Prices underpinned by costs, and the delivery risk is growing</h2>

Urbis said pricing pressure is cost not demand‑driven: construction costs and delivery risk are now a central constraint, with the results noting build costs remain elevated and volatile, and that energy, fuel and labour uncertainty weigh on feasibility.

David Cresp said a growing challenge for private Build‑to‑Sell developers is simply securing a builder in the current environment.

“Developers are really feeling the pressure from a building market that was operating at capacity and securing a builder is challenging,” David Cresp said, adding that even where a builder can be secured, “trying to get to the price that makes the development financially viable is incredibly challenging in the current market.”&nbsp;

Urbis’ broader WA commentary also notes that industry remains at or above capacity with lot and housing creation, and that many builders are limiting new sales to manage stretched workforces and fixed‑price contract pressures, conditions that flow directly into apartment feasibility and delivery timing.

[smartcode_project:default project_id=108869 project_image_fid=317905]

<h2>Supply: improving later, but still constrained, and Perth lags eastern benchmarks</h2>

While near‑term supply remains constrained, Urbis’ forecast shows completions lifting “Supply is forecast to be back above 1,500 apartments per annum for the first time since 2019”, with 1,775 completions forecast for 2026, and volumes remaining above that level over the following years.&nbsp;

Looking further ahead, completions are forecast to reach 2,500 in 2028, with the report noting 32% of that total is social/affordable, reflecting the role of government‑supported delivery in rebuilding the pipeline.&nbsp;

However, Urbis said Perth remains behind comparable markets on pipeline scale. In a national comparison of projects under construction, the report shows under construction Perth Build‑to‑Sell (BTS) at 3,446 apartments versus the Gold Coast at 7,922. Mr Cresp said “The challenge for Perth is how to we grow the delivery pipeline”.

Urbis’ conclusion is that Perth’s market is increasingly defined by product discipline and delivery certainty, with the research identifying “delivery certainty is key” and calling out builder risk and procurement models as core success factors, alongside “timing and staging”.&nbsp;

Joel Robinson

Perth apartment sales hit strongest pace since late 2021 as builder capacity tightens

<a href="https://www.apartments.com.au/developers/sammut-developments">Sammut Group</a> has secured development approval for its latest Brisbane apartment project, marking the Sydney developer’s next step in expanding its Queensland pipeline following the success of its debut Gold Coast development, Coast.

The approved project at <a href="https://www.apartments.com.au/new-apartments/44-glen-road-toowong-qld-4066">44 Glen Road, </a><a href="https://www.apartments.com.au/developments/toowong-qld-4066">Toowong</a> will deliver a 15-storey riverfront apartment building with 42 residences, significantly increasing the scale of the site’s previous approval for a smaller luxury scheme. Designed by Bureau^proberts, the development will comprise a mix of predominantly four-bedroom and two-bedroom apartments positioned to maximise Brisbane River and city views.

Sammut Director Julian Sammut said the group had been actively searching Brisbane for several years before identifying Toowong as the right fit.

“Brisbane was the right step for Sammut,” Sammut said.

“With the success of Coast we thought we should definitely look to do more in Queensland alone. We then pushed up to look at Brisbane. We've been looking for I'd say two to three years actually and it was hard to find the right location.”

<img alt="Sammut makes Brisbane apartment play" data-entity-type="" data-entity-uuid="" src="https://res.cloudinary.com/dz9xllyip/image/fetch/f_auto,c_limit,w_1440,q_75/https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/field/image/Screenshot%202025-12-23%20at%203.27.14%E2%80%AFPM.png?VersionId=dYAVIL7qdcGA8ojvkslSrLjczXFejSSx" />

Sammut said suburbs including New Farm and Teneriffe were considered before the group ultimately focused on Toowong due to its strong downsizer demographic and limited supply of developable riverfront land.

The site was acquired off-market after what Sammut described as a lengthy negotiation and planning process, with the developer pursuing an uplift to the original approval.

“We are DA approved now which is very exciting,” Sammut said.

“We've had our change approval come through and we've obviously doubled the height, 15 storeys plus rooftop. We've got 42 amazing apartments that are going to be coming to market soon.”

<img alt="Sammut makes Brisbane apartment play" data-entity-type="" data-entity-uuid="" src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,dpr_2.0,q_auto:good/https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202025-12-23%20at%203.27.26%E2%80%AFPM.png?VersionId=ohkRkY0dIZlqdfME2EZePsCQavRiBadE" />

Bureau^proberts said the design responds to Toowong’s evolving urban character, balancing contemporary apartment living with the area’s established residential identity.

“A place where traditional Queensland living has taken place for centuries; Toowong is seeing a shift of contemporary influence, commercial and retail hubs mixed with well-considered residential offerings – all the while maintaining its character and charm,” the architect noted in planning documents submitted to Brisbane City Council.

The architecture practice said the project’s form was shaped by its riverfront setting, flood considerations, neighbouring building scales, and view corridors.

“They said the mix of four and two-bedroom apartments capture the ‘fundamental qualities of Queenslander living,’ translated into the context of a contemporary subtropical building.”

The development sits just off Coronation Drive within walking distance of Toowong’s retail precinct and the upgraded Regatta ferry terminal, while also benefiting from proximity to the incoming green bridge connection to West End. Sammut said the accessibility and amenity offering were central to the site’s appeal.

The approval adds to growing residential activity along the Toowong riverfront, joining nearby projects including Consolidated Properties’ Monarch Residences and Spyre Group’s ARC Residences.

Sammut secures approval for debut Brisbane apartment development in Toowong

Developer Lanevick is heading back into Sydney’s apartment market after focusing more heavily on the luxury townhouse and terrace sector in recent years.

Lanevick, founded and directed by Steve Maroun, is expecting to receive approval in the coming months for a new apartment development in Gladesville, with the aim to launch it to the market later this year.

The 51-apartment project, designed by Studio Johnston, will comprise a mix of one-, two-, and three-bedroom apartments positioned toward the Hunters Hill downsizer market.

“Traditionally it’s been difficult for people in that market to downsize because there just hasn’t been the right product available,” Maroun said.

“We’re targeting buyers who might have 30 to 40 per cent of their house value sitting in the bank after downsizing.

“They still want good spacious entertaining areas, they still want quality design, but they also want flexibility and the ability to enjoy life a bit more after working hard for a long time.”

The project sits near Boronia Park and within close proximity to the Parramatta River foreshore, an area Maroun says offers more of a Hunters Hill lifestyle than a traditional apartment precinct.

“From a lifestyle perspective, it’s really more Hunters Hill than Gladesville,” Maroun said. “You’re close to the foreshore, close to parklands, and still connected back into the village precinct.”

From level four and above, apartments will capture water views&nbsp;toward Sydney Harbour. Communal amenity will include rooftop entertaining areas, wellness spaces, and a gym tailored toward owner-occupier buyers.

“We’ve really designed these apartments around that buyer coming from the Hunters Hill LGA and what they’re actually looking for in their next chapter.”

The proposed development has also been designed to respond to the changing character of the broader Gladesville town centre, where a growing number of mixed-use and residential proposals are expected to emerge over the coming years.

“Gladesville presented a rare opportunity to deliver a genuinely design-led residential project within an evolving lifestyle precinct, just moments from the growing Gladesville town centre, and we’ve approached the project with a strong focus on architecture, liveability and long-term community value,” Maroun said.

Maroun said Lanevick saw a first-mover advantage within the precinct as planning controls continue to evolve to accommodate greater housing density.

“We think there’s a real opportunity there that hasn’t really been serviced properly yet,” he said.

“There’s going to be a broader evolution of the whole Gladesville village precinct over time, particularly with more activation and mixed-use outcomes.”

The Venus Street proposal will include a commercial and retail component at ground level designed to contribute to that evolving streetscape activation.

“A big part of the thinking was how do you activate that area properly and create more vibrancy and amenity, which is what Hunters Hill has been looking for,” Maroun said.

Lanevick’s focus since 2020 has largely been on smaller-scale luxury townhouse and terrace developments. The developer recently completed Royale Randwick, also designed by Studio Johnston, where prices reached $3.65 million. The project was featured in the UDIA NSW 2026 Professional Development Prospectus and was also named a finalist for Development of the Year.

&nbsp;

Lanevick to cater for Hunters Hill downsizers with new Gladesville apartment development

Property developer One Living, backed by former Macquarie banker turned investment manager Chris Green’s investment firm, has unveiled plans to bring more institutional capital into housing to help address the national supply crisis.

The New York-based investor has focused his firm, GreenPoint Partners, on addressing the supply shortage hitting middle market housing in Australia.

It is backing the new One Living business to develop more than 1000 units along the eastern seaboard. The new firm is starting with a development on Mona Vale Road, on the border of Mona Vale and Pymble, in Sydney’s Northern Beaches, with around 140 apartments planned. They are eyeing off more sites across the city.

With cost pressures rising in the industry, One Living’s model is to be a vertically integrated developer-builder, so it can respond directly to the housing gap by removing the cost inefficiencies embedded in traditional residential delivery.

“We are building a platform designed to operate at scale and starting in a market where there’s a clear need for quality, attainable housing,” One Living joint managing director Joseph Scuderi said.

“It’s that missing middle – it’s that attainable end of housing… that’s what most Australians invest into and what Australians can actually afford.”

<img alt="Mona Vale" data-entity-type="file" data-entity-uuid="798dfa93-4941-4db6-a696-31e9dc18e81c" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-28%20at%202.31.50%E2%80%AFPM.png?VersionId=mKBqi5C_DmeiXS.AtJkcR8LQIxqCqmFi" />

GreenPoint Partners brings years of experience assembling and scaling real estate operating businesses across major markets. And Green sees a big opportunity in Australia.

“For its size, sophistication and importance to the community, Australia’s living sector has remained largely under-institutionalised, which represents significant opportunity,” Green said. “GreenPoint identified that gap, assembled the right team, and is backing One Living to build a platform that is aligned to market needs.”

Green said being a builder-developer would give the company the capacity and flexibility it required to deliver reasonably-priced homes.

“We want it to be at that attainable level; not super high end luxury but at that attainable level,” he said.

<img alt="Mona Vale" data-entity-type="file" data-entity-uuid="74a5344a-4b26-4d4a-ada3-056b1220be77" src="https://s3.ap-southeast-2.amazonaws.com/www.urban.com.au/s3fs-public/inline-images/Screenshot%202026-05-28%20at%202.32.15%E2%80%AFPM.png?VersionId=vY8hXHO4reBMdO8ZXMWCNtGZJofUPQ3j" />

&nbsp;

One Living will undertake a component of affordable housing in its schemes, which it will own and operate, and it could also run build-to-rent on some sites.

Green praised local policy settings.

“The NSW government is being very supportive, strategic and pragmatic in terms of how do we generate more supply of housing,” he said. “We think it’s actually positive for development and the bit that’s been lacking at that attainable level is that it’s lots of relatively small private developers, whereas we want to create an institutional platform.”

One Living is also&nbsp;looking at high-density projects and could take on more institutional funding in the future.

“The way we will be able to achieve economies of scale is through size,” Green added.

One Living enters Sydney's new apartment market with Northern Beaches site acquisition

It's been several years since there's been an opportunity to buy a brand new townhome in Melbourne's coastal suburb of Mordialloc. Even apartment developments in recent times have been few and far between in the area.

Local developer LDS Property identified the gap in new housing, securing a site on White Street, directly opposite&nbsp;Woodlands Golf Club Mordialloc. They've recently launched&nbsp;<a href="https://www.apartments.com.au/new-townhouses/wm-residences-mordialloc-102-white-street-mordialloc-vic-3195">WM Residences</a>, just 13 townhouses which they have already started building.

Projects by Buxton Director Heath Thompson, who is selling WM Residences, says the townhouses x that perfect middle ground be

"Mordialloc residents have had limited options to downsize within the suburb, often forcing them to look elsewhere despite long-standing ties to the area," Thompson says.

"With very little comparable new supply coming to market, projects like WM Residences are well placed, particularly as buyers look to capitalise on current conditions amid constrained supply."

[smartcode_project:default project_id=134646 project_image_fid=6109]

The development, designed by regarded architecture firm&nbsp;<a href="https://www.apartments.com.au/architects/ewert-leaf">Ewert Leaf</a>,&nbsp;adopts a deliberately restrained architectural approach, focusing on simplicity, durability and liveability rather than overt design gestures.

The boutique scale is central to the offering. With only 13 three-bedroom residences, each home is configured to prioritise functional layouts and everyday use, supported by private terraces and secure two-car garages.

Ewert Leaf’s design response leans into a calm, neutral material palette. Interiors are defined by oak flooring, white walls and soft finishes, creating a consistent and understated backdrop. The approach avoids trend-driven detailing in favour of longevity, with an emphasis on natural light and spatial clarity.

[smartcode_project:default project_id=134646 project_image_fid=6110]

Beyond aesthetics, the homes are designed to meet contemporary performance expectations. Each residence targets a minimum 6-star energy rating, incorporating double glazing, comprehensive insulation and all-electric Bosch appliances.

The project’s location supports a walkable coastal lifestyle, sitting within close proximity to Mordialloc’s foreshore, Main Street retail strip and the train station. Local cafés and dining venues, including Suburbia Deli and Hendriks Café, are within a short walk, reinforcing the area’s established neighbourhood character.

[smartcode_project:default project_id=134646 project_image_fid=6116]

While <a href="https://www.apartments.com.au/developments/mordialloc-vic-3195">Mordialloc</a> is often defined by its beach and pier, the project taps into other areas of day to day living, offering easy access to local food, casual dining and transport, rather than positioning itself purely as a lifestyle retreat.

WM Residences reflects a continued trend across Melbourne’s coastal suburbs towards smaller-scale, design-led townhouse developments, particularly on infill sites where proximity to amenity is already established.

With construction commenced prior to its market entry, the project aligns with a growing preference among buyers for developments with visible progress and defined delivery timeframes.

[smartcode_project_cta:default project_id=134646]

WM Residences fills gap in Mordialloc townhouse market

Consumer Affairs

<html><body>
A real estate agent in Redcliffe, Queensland, has been fined $10,000 and ordered to pay more than $39,000 by QCAT over wrongful conversion of trust monies, following multiple charges brought by the Office of Fair Trading.
The real estate agent, Jason Hoppner, was found guilty of the multiple charges.
The funds in the trust account were due to be paid to five landlords, but the money was then diverted into three separate bank accounts. Each of these were owned by Hopper. In total, thirteen payments were diverted to his accounts from December 2010 and April 2011.
The funds totalled over $12,000, and 23 affected consumers saw themselves paid $30,368.21 by the Office of Fair Trading, with another five currently owed $8668.11.
Hopper has been ordered to pay $39,036.32 and has been disqualified from holding a real estate agent’s license for 15 years.
</body></html>

jduke-EHk3XBmHkn

Redcliffe, Queensland agent fined $10,000 for trust account abuse

<html><body>
ACT real estate agent Mark Blinksell, ex-director of Grapevine Property &amp; Business, has been fined $10,000 after using a client’s deposit from a trust fund to pay down his own mortgage.
In February, <a href="/news/act/canberra-agent-s-license-cancelled-after-taking-trust-money-to-fund-home-loan">Property Observer reported that Blinksell had his license cancelled for five years</a> and had been disqualified for applying for a real estate of business salesperson’s registration for three years after he was found guilty of engaging in dishonest conduct by misapplying deposit monies received in 2013.
The deposit funds, that had been received around 7 January, 2013, in his role as vendor’s agent, were effectively stolen. He subsequently misrepresented and lied about where the funds were. He had been engaged by the vendor in October 2012, and received $22,000 in a deposit cheque from the buyers in the January.
Blinksell was given a six-month suspended jail sentence and a three year good behaviour bond. He had paid back the money with interest.
ACT Commissioner for Fair Trading Brett Phillips said that the ACT government takes real estate agents’ breaches of the law seriously.
"Real estate agents regularly handle large sums of money for their clients, and it is vital that they understand the gravity of such a responsibility," said Phillips.
Blinksell had operated Grapevine since 2009. He previously held positions at Mirvac and Capital Property Trust.
</body></html>

Agent fined for using client’s deposit to pay off own mortgage

<html><body>
The Victorian, New South Wales and West Australian state governments have issued letters to property spruikers in their states outlining their obligations under consumer law.
Victoria’s consumer affairs minister, Heidi Victoria, spoke to <a href="https://www.propertyobserver.com.au/https://www.abc.net.au/news/2014-07-08/state-governments-warn-spruikers-to-stick-to-the/5581698?section=business" target="_blank">the ABC</a> about the high pressure, persuasive techniques used by property spruikers at seminars and events.
“The sort of things that we’re concerned about is, for example, a high pressure sales environment – so when people come along just for information, but then feel obliged to either spend money on an education program, or that type of thing,” said Victoria.
“We want to make sure they’re not feeling pressured into signing anything on the night, that they are given plenty of time. But also to understand that those operating in the space must give a 10 day cooling off period.”
In February, the ABC reported that West Australia, New South Wales and Victoria’s governments were monitoring 15 property spruikers. However, Victoria said though some property spruikers had received letters outlining their legal obligations, Consumer Affairs Victoria was not currently investigating any particular property spruikers.
“This is just more a general ‘get to know you’ sort of letter, and say, ‘these are your rights and obligations’,” Victoria said.
“We’re very much about educating people who are operating in any business. The type of letter that has gone out to them just outlines their responsibilities, and also their obligations, and of course if they don’t abide by their obligations, and if they’re not working correctly under Australian consumer law, then we can take it much further.”
Of people investing in property through a self-managed super fund, Victoria said consumers must know their rights.
“A lot of people have to understand that when they’re doing this sort of investment, that they need legal and financial advice,” she said.
“It’s not something that can be taken lightly. As I said, it really is something that many people put their life savings into, and the last thing they want is for that to go belly up. So they do need to know their rights, their obligations as consumers and make sure they are investing in something that’s going to be safe, and something that has that long term projection.”
To see the letter sent by West Australia’s Commissioner for Consumer Protection, see next page
<hr class="system-pagebreak">
West Australia’s notice to the state’s property spruikers warns them of penalties associated with misleading consumers, which include fines of up to $1.1 million.
In a letter sent to property spruikers by West Australia’s Commissioner for Consumer Protection Anne Driscoll, she states:
<img src="/images/2014/07/10/cut-out-july-10-one.jpg" alt="">
In particular:
<img src="/images/2014/07/10/cut-out-july-10-two.jpg" alt="">
 
She adds:
<img src="/images/2014/07/10/cut-out-july-10-three.jpg" alt="">
Driscoll notes that misleading claims “can result in penalties of up to $1.1 million for a corporation or $220,000 for an individual”.
</body></html>

jrichardson-uRX5hFdKfN

Property spruikers receive warning letters from states

<html><body>
George J Nowak, of the Charterhill Group, has filed for bankruptcy after the Federal Court in Adelaide froze his assets and those of his wife back in February.
At the time, the <a href="/news/federal-court-freezes-assets-of-charterhills-george-nowak">court had ordered the surrender of their passports, and restricted their travel outside of the country</a>, while ASIC investigated the collapse of the Charterhill Group.
The Charterhill Group specialized in assisting clients to invest in property with their SMSFs. This left nearly $6 million of super at risk.
Macks Advisory’s Peter Ivan Macks has been appointed as Nowak’s trustee, and he has advised that the bankruptcy came following an appointment of liquidators to companies within the Charterhill Group Lending Solutions International Pty Ltd and Nova Real Estate Pty Ltd.
Nowak, who lodged a statement of affairs with the trustee, listed 31 companies he was director and/or shareholder of.
The statement of affairs was signed and dated 30 June 2014, and lodged with the Debtor's Petition on the same day. The Debtor's Petition was accepted on 2 July 2014.
It is noted that unsecured creditors totals approximately $7 million. This includes a claim in his estate, brought by Nova Real Estate’s liquidators – of approximately $6 million.
Investigations are underway, but return to creditors at this stage is unlikely.
The following companies in the Charterhill Group were placed under external control in February:
•    Lending Solutions International Pty Ltd – liquidators appointed (Andrew Heard and Anthony Phillips of Heard Phillips)
•    Nova Real Estate Pty Ltd – external administrators appointed (Andrew Heard and Anthony Phillips of Heard Phillips)
•    EJ Property Developments Pty Ltd – receivers and managers appointed (Michael Basedow and Leigh Prior of Pitcher Partners)
•    Financial Wellness Pty Ltd – receivers and managers appointed (Michael Basedow and Leigh Prior of Pitcher Partners).
YOU MAY ALSO WANT TO READ
Investor update: <a href="/news/investor-update-charterhill-issues-clients-apology-after-closure">Charterhill issues clients apology after closure</a>
</body></html>

Charterhill's George Nowak files for bankruptcy following liquidation of companies

<html><body>
Two Perth real estate agencies have seen Consumer Protection given supervision orders by the State Administrative Tribunal (SAT) due to their misuse of trust accounts. 
Supervision orders require the company to carry on the duties for the agencies, before winding them up.
The two agencies were also said to be unable to operate within the Real Estate and Business Agents Act.
Kurt James Wallace, who traded as Scope Investment Services, was restrained from operating under an SAT approved application on 18 June 2014. A supervisor was ordered to be appointed to administer the financial affairs for Scope Investment Services.
Rent money should have been deposited into a trust account, but was instead put into the general agency account. This was not corrected and had been found in a Consumer Protection investigation. Wallace also failed to renew his triennial certificate in April 2014.
The second real estate agency that Consumer Protection took action against was Spirit Realty Pty Ltd that had been trading as Professionals Perth. The application was approved on 8 May 2014.
Numerous breaches of the Real Estate and Business Agents Act were found during an examination of the trust accounts. After the investigation began, they went into voluntary liquidation – said to be a significant reason behind the order that they could no longer conduct their business in accordance with the Act.
Commissioner for Consumer Protection, Anne Driscoll, conceded the actions are extreme, but said they are justified when client’s money has been misused.
“Bond and rental payments are not the property of the agent, that’s why they are held in trust on behalf of the agency’s clients. Failing to properly administer these funds is a serious offence with serious consequences under the law,” Driscoll said.
“There are strict rules governing the handling of client’s money and all licensed real estate agents need to be well aware of their legal obligations and adhere strictly to the law.
“Anyone who has any evidence of the misuse of trust money by agents is urged to contact us immediately so an investigation can be carried out and appropriate action can be taken.”
</body></html>

Extreme action against trust fund misuse justified: Consumer Protection

<html><body>
Property advertisements are governed under state and territory rules and regulations that define when something is misleading.
Today, we turn our attention to New South Wales’ Fair Trading and their guidelines around the advertising of real estate, as governed under the Property, Stock and Business Agents Act 2002 as well as the Fair Trading Act 1987.
Firstly, we note that something is misleading or deceptive if “it is likely to lead a reasonable or ordinary member of the class of persons to whom it is directed into error”.
If you are found to have engaged in this conduct, then the maximum penalty is 200 penalty units, which equates to $22,000. However, heftier fines may be imposed for those to also be found to have breached section 30 of Australian Consumer Law, which applies to the sale of land or interest in land. This could see you face a $220,000 fine in the case of an individual, or $1.1 million for a company.
To avoid the section 30 fine, you must not make false or misleading representations about the nature of the interest, the price payable, the location, the characteristics, the use to which it is capable of being put or may lawfully be put or the existence/availability of facilities.
This covers advertisements in newspapers, periodicals or other publications, public displays (on buildings, vehicles, place or in the air), in any document sent or delivered to anyone or left at the premises, on radio or television, or on a website or email.
ONE
Omission or silence around facts can be misleading. Your intent to mislead or not is irrelevant. What matters is the likely effect on reasonable or ordinary members of your target audience and the overall impression created.
TWO
It is not limited to your words – the photographs can be scrutinised for misleading conduct as well. Views and facilities are particularly important to focus on getting right.
Here are six scenarios of photographs, from Fair Trading, that are “undesirable” and likely to mislead:
<ul>
<li>A water view or scenery, placed next to a photograph of a house, makes it difficult to ascertain whether the water view or scenery can be seen from the house or whether the photograph is a 'location shot' 
</li>
<li>A beach scene with the wording 'minutes to this!' typed above the photograph does not give a clear indication of the distance from the property to the beach shown in the photograph 
</li>
<li>A park and beach with the wording 'opposite home' where, in fact, this view cannot be seen from the property 
</li>
<li>A house placed next to a photograph of a beach with the wording 'stroll to beach' printed underneath the photograph does not give a clear indication of the distance from the property to the beach 
</li>
<li>A beach with the wording '90 seconds walk to waters edge, not actual view' printed at the bottom of the photograph needs more clarification 
</li>
<li>A photograph on the internet of a beach with the wording '100 metres from beach' printed at the bottom of the photograph needs more clarification.</li>
</ul>
THREE
“Touching up” of photographs isn’t as harmless as you might think. If you’re hiding undesirable characteristics or enhancing other features, rather than just making the photos a bit more presentable, then you could be misleading the buyers.
This includes modifying, or allowing modification, of photographs so they no longer “truthfully and fairly represent that property”. Removing or adding features digitally in a manner than changes the appearance of a property is potentially misleading. Similarly, zooming in on a view that can be seen from the property, to make it appear closer, is also potentially misleading.
FOUR
It's acceptable to use obvious labels to clarify exactly what the photograph is in relation to the property, which will allow real estate agents to take great photographs of nearby, but not visible, beaches and amenities.
Photographs of views taken from the property itself - no label required.
Photograhs of views in the immediate area, but not taken from the property - labelled 'LOCATION SHOT'.
This label should only be applied to photographs of facilities and services in the "immediate surrounding area of the property".
FIVE
When it comes to wording, there's a vague way and a more appropriate way, suggested by Fair Trading. This is particularly the case for descriptions in reference to distances - the more specific and detailed the better.
For instance, 'close to [feature e.g. beach, shops]' is not as favoured as 'Two kilometres to [feature]'. The term "within walking distance" is also preferably replaced with the real distance.
Fair Trading warns the real estate agents are responsibly for the information they provide, and claiming that buyers should make enquiries as to the accuracy of the information is not enough.
Despite this, many real estate agents provide a comment in their advertisements noting that the information should be checked by the buyer.
</body></html>

Five things to know about misleading property advertisements

<html><body>
Rent to buy schemes, also known as vendor financing, have received some bad press over the past year – and it seems that their run isn’t up.
Consumer Affairs Victoria has promoted tweets, warning that property buyers should be wary of “high risk” property investments, including rent to buy.
<img src="data:image/png;base64,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" alt="">
Warning <a href="https://www.consumer.vic.gov.au/housing-and-accommodation/buying-and-selling-property/buying-property/high-risk-property-investments" target="_blank">against property spruikers in the same link</a>, rent to buy schemes are targeted. It notes that this variation of vendor sales targets lower income earners, or “prospective property buyers unable to obtain mainstream finance”.
It warns that buyers have limited legal rights if the arrangement goes wrong.
Under a rent-to-buy scheme, the buyer enters into a rental agreement with the vendor where they are charged high rent (well above market rate). At the end of the rental period they may buy the property but ownership of the property does not pass to the buyer until they exercise the ‘option to purchase’ after the rental period has expired.
Those who clicked on their promoted tweets would have seen the following:
The risks for buyers
<ul>
<li>Rent-to-buy contracts are high-risk schemes for buyers because the title of the property is not transferred to them until they have purchased the property outright. 
</li>
<li>You will likely be paying significantly above market rate rent and will not have any equity in the property until the full purchase price is paid. 
</li>
<li>The rental period may last several years and, if your circumstances change, you may be unable to complete the payments. Therefore, if you pay almost the full purchase price but do not complete the payments, you won’t get your money back and will not have any claim over the property. 
</li>
<li>Even if you complete the rental payments, you may still not obtain a home loan and lose not only the property, but also all of money you have spent. 
</li>
<li>Be aware that if you use your first home buyers grant to buy a property, you will lose the right to apply it to any future property transactions. 
</li>
<li>Some rent-to-buy contracts may indicate that you will lose all payments made and have no claim over the property, if you fail to make even a single payment on time. 
</li>
<li>In addition to rent payments and an option fee (for the option of purchasing), some contracts generally require you to pay for repairs and maintenance, council rates, insurance and other outgoings. 
</li>
<li>Potential buyers should be aware that these costs may be substantial, particularly with an older or run down property. 
</li>
<li>If the vendor has a mortgage over the property and fails to keep up their own repayments, their lender may have the right to repossess the property.</li>
</ul>
Source: Consumer Affairs Victoria
Vendors must be aware that they must:
<ul>
<li>Abide by the rent-to-buy contract and be unable to sell the property to the another buyer (perhaps offering a higher price) while the contract is in force, even if you need to liquidate your assets due to a change in circumstances. 
</li>
<li>Be effectively locked into a long-term settlement period where the purchase price is fixed and you will lose any right to future capital growth if the property’s value increases over that time. 
</li>
<li>Remain legally responsible for the property until the buyer makes the final payment and the property title is transferred.</li>
</ul>
Source: Consumer Affairs Victoria
They also warn that if you are using the rent to cover the mortgage then you will be left vulnerable if the buyer fails to pay, and the renters may choose not to buy the property mid-way through the rent to buy process.
As an example of what can happen, on one instance in 2011, <a href="/expert-insights/investing/tenants-sell-landlords-pool-in-rent-to-buy-swindle">tenants sold a vendor’s pool in a rent to buy swindle</a>.
Western Australia’s Consumer Protection has been particularly bullish against rent to buy schemes. For one company, the Supreme Court ruled that one operator was illegally functioning as the owners were not licensed estate agents and also misled those who signed up – this was <a href="/news/wa-rent-to-buy-scheme-ruled-deceptive-and-illegal-with-other-similar-schemes-facing-investigation">in the case of No Loan Home Pty Ltd in June 2012</a>.
In another publicised situation, a WA rent to buy property scheme saw <a href="/news/wa-consumer-protection-targets-rent-to-buy-property-scheme-that-took-david-beckham-jersey-in-lieu-of-deposit">vendors taking a signed David Beckham jersey and a Franklin Mint Edition Monopoly Board in lieu of a deposit</a>.
Property Observer followed what caused a young brother-and-sister duo to be led <a href="/expert-insights/investing/from-seminar-to-success-story-to-getting-fined-in-the-supreme-court-of-western-australia-how-it-happened">from a rent to buy seminar to being fined in the Supreme Court of Western Australia for their property dealings</a>.
</body></html>

Consumer Affairs Victoria taking charge against “high-risk” rent to buy schemes

<html><body>
Home improvement company Gotta Getta Group has paid $20,400 in penalties after being issued with an infringement notice by the consumer watchdog, which alleged the company engaged in misleading advertising.
According to the Australian Competition and Consumer Commission, Gotta Getta Group offered consumers 60 cents per kilowatt hour for energy fed back into the grid if they purchased a solar panel and entered a three-year energy plan with Simply Energy.
The advertisements, which ran on television, the internet and radio in South Australia during 2013, claimed the feed-in credit meant consumers would recoup the cost of their solar panel up to three times faster than if they purchased it from a competitor.
The ads also claimed consumers would not have to spend any money in order to benefit from the offer.
In a statement, the ACCC alleged the Gotta Getta Group advertisements made false or misleading claims and contravened Australian Consumer Law.
“Gotta Getta Group did not take into account the fact that consumers who purchased a solar system from another supplier would receive the benefit of the 9.8 cent minimum retailer payment in addition to the 16 cent South Australian Government feed-in tariff,” said the competition watchdog.
“Gotta Getta Group charged consumers an amount in relation to the 60 cent feed-in tariff offer, by including in the purchase price of its solar systems an amount in respect of a commission payable by Gotta Getta Group to Simply Energy,” said the ACCC.
However, an ACCC spokesperson told SmartCompany infringement notices are not an admission of conduct.
SmartCompany contacted Gotta Getta Group this morning, but did not receive a response prior to publication.
The incident is the latest in a series of investigations into the energy sector by the ACCC.
Last month, the agency instituted proceedings in the Federal Court against Origin Energy, claiming it had made <a href="https://www.smartcompany.com.au/legal/41863-origin-energy-in-hot-water-over-alleged-false-conduct">false or misleading representations to consumers</a>.
In a statement, ACCC Commissioner Sarah Court said complex terms and conditions can make it difficult for consumers to compare offers from competing suppliers.
“Suppliers must ensure that representations made about the benefits of purchasing a solar system are truthful and accurate, so that consumers can make informed purchasing decisions, and suppliers do not gain an unfair advantage over their competitors,” said Court.
Melissa Monks, special counsel at law firm King &amp; Wood Mallesons, toldSmartCompany in February the energy sector was one of the <a href="https://www.smartcompany.com.au/legal/35752-accc-to-crackdown-on-drip-pricing-and-big-businesses-posing-as-small-businesses">ACCC’s key priorities</a> for 2014. 
“We will definitely see litigation in relation to the savings ‘discounts off what?’ concerns, likely in the energy sector given the ACCC has been investigating this concern since at least June last year,” she said.
This article first appeared on <a href="https://www.smartcompany.com.au/" target="_blank">SmartCompany</a>.
</body></html>

asadauskas-o9wSWMRiAW

ACCC energy sector crackdown continues as solar installer fined $20,400

<html><body>
Victorian Consumer Affairs Minister Heidi Victoria has rejected weekend media reports that ­collusive bidding was a problem at weekend auctions.
“Consumer Affairs Victoria is not aware that this practice is currently prevalent ,” she told the Australian Financial Review.
The paper<a href="https://www.afr.com/p/national/buyers_dirty_auction_tricks_exposed_fUcTgsHwP88nAb6vLujfdM" target="_blank"> </a>reported two or more ­bidders representing one buyer at an auction, creating the impression there are multiple buyers, was a common occurrence at Melbourne auctions.
The AFR noted it was more of an issue in Victoria than NSW, where bidders are required to register before auction.
NSW Fair Trading Minister ­Matthew Mason-Cox said collusive bidding was already outlawed, but would consider if new forms of the practice required a legislative update.
The AFR suggested the unscrupulous buyers were working with the help or encouragement of buyer’s agents.
By creating the impression that there are multiple buyers bidding for the same property, one buyer’s agent claimed the tactic worked by reputedly saving their client $300,000 plus at auction to the annoyance of the vendor if they knew. 
“It’s illegal, but very hard to police,” said Rich Harvey, from the Sydney buyer’s agency, propertybuyer.com.au, who slammed the practice in the article.
The ploy also created an impression in the vendor’s mind that there was good activity below the reserve, and so encouraging the vendor to put the property on the market, rather than pass it in.
NSW regulations state that a person must not induce another person to abstain from bidding or do anything in any way which may prevent free and open competition.
Paul Osborne from Melbourne buyer’s agency, The Secret Agent, said he had seen three people representing the same buyer bidding at auction.
"Buyers use all kinds of theatrics that are not transparent,” he said.
</body></html>

jchancellor-FAypfDUnLy

Collusive auction bidding not prevalent: Consumer Affairs Victoria 

<html><body>
A proposal to deregulate fees charged by settlement agents and land valuers in Western Australia has Consumer Protection calling for comment.
This would be a move to bring Western Australia back in line with all the other states in Australia, as they are currently the only state to fix a maximum amount that these experts can charge for their services.
With 660 licensed settlement agents, and 840 land valuers, across the state it could help competition and red tape reduction if the fee schedule is removed, according to Acting Commissioner for Consumer Protection, Gary Newcombe.
The other states, where there is not this level of regulation, competition is what keeps charges low. Newcombe said that, as a result, having a mandated maximum is unnecessary.
“In fact, discounting by settlement agents and land valuers in WA’s competitive market often means that fees well below the maximum allowed are being charged, demonstrating that there is little benefit to consumers and further cementing the case for deregulation,” he said.
“If fees were to be deregulated, there would be a provision for consumers to be provided with information about the fees being charged that would help them assess the services being offered and make an informed choice about service providers.”
The deregulation of fees for real estate and business agents, which occurred in 1998, will be the modelling for this legislation. At the time, there were no adverse effects recorded.
“Consumers would continue to be protected by the Australian Consumer Law and industry professional standards would be maintained by the licensing and codes of conduct obligations placed on settlement agents and land valuers which will remain firmly in place, regardless of any fee deregulation,” he said.
Comments can be made until 31 July 2014.
{module Do you think settlement agents and land valuers' fees should be deregulated?}
</body></html>

Consumer Affairs

Editor's Picks

Have something to contribute?

Developments

New apartments

New townhouses

News

Consumer Affairs

Editor's Picks

Receive the latest news stories to your inbox

Have something to contribute?

Developments

New apartments

New townhouses

News