A woman who unlawfully claimed she was a real estate agent and collected money on behalf of clients has been convicted in court and ordered to pay more than $11,320.
Perth woman Phillipa Ann Ives was fined and ordered to pay costs by the Joondalup Magistrates Court for acting as a real estate agent without holding any relevant qualifications.
The woman had pleaded not guilty to charges that she falsely represented herself as a real estate agent without holding a real estate and business agent’s licence and triennial certificate.
Consumer Protection investigated the woman after receiving a complaint about the management of a property in Butler, a suburb in Perth’s north.
It found that Ives had breached the Real Estate and Business Agents Act between April and December 2021.
The court was told she had entered into a verbal property management agreement with the property owner and signed up tenants to rent a Butler property, receiving $24,000 of bond and rent into her personal bank account from which she paid herself a weekly management fee of $50 and rental income to the owner.
After a few months, she stopped paying rental income to the owner and did not repay the bond to the tenants or the owner at the end of the tenancy, the court was told.
In sentencing Ives, magistrate Raelene Johnston said there was a high need for general deterrence in the real estate industry.
By holding herself out as a real estate agent, Ives represented herself as a person with the necessary qualifications to manage properties on her own without being the holder of a licence or triennial certificate, Ms Johnston said.
Consumer Protection commissioner Trish Blake said by being unlicensed, Ives undermined the industry’s professional standards and consumer trust in the industry.
“The licensing system is in place to protect tenants and landlords by ensuring that only suitably qualified and trained professionals are involved in the real estate industry in WA,” she said.
“Ms Ives should have known better. She had about 18 years of experience in the real estate industry as a sales representative and knew this conduct was illegal.
“Tenants and landlords should only deal with licensed professionals. If consumers deal with unlicensed operators, their money is at risk, as they are not protected by the law.
“Tenants and landlords should alert us if they suspect the agent or property manager they are doing business with is not licensed.”
