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.”
Photo: sinenkiy via 123RF
Real estate investment is a potentially lucrative avenue for building wealth and diversifying an investment portfolio. Entering the world of real estate can be exciting yet intimidating for first-time investors. Here is a guide offering tips to help you navigate the complex world of property investment if you are a beginner.
What are Some of the Key Advantages of Real Estate Investment?
Real estate investing offers numerous benefits for building wealth and diversifying your investment portfolio, including:
- Potential for Steady Income. Rental properties can provide a consistent stream of rental income.
- Appreciation in Property Value. Real estate tends to appreciate over time, historically keeping pace with or outpacing inflation.
- Tax Advantages. Real estate investments offer various tax benefits, including deductions for mortgage interest and property taxes.
- Portfolio Diversification. Real estate is a tangible asset with a low correlation to other asset classes like stocks and bonds, reducing overall portfolio volatility and diversifying risk.
- Leverage. Real estate allows for leverage, where you can use a relatively small amount of your money to control a more significant asset.
- Hedge Against Inflation. Real estate can act as a hedge against inflation because property values and rental income often increase with rising prices.
- Long-Term Wealth Building and Preservation. As you pay down mortgages and property values appreciate, your equity in the investment grows, and you acquire assets to pass down to future generations.
- Forced Appreciation. Investors can actively increase the value of a property through renovations, upgrades, and effective property management, leading to a higher resale price or rental income.
Photo: SAWEK KAWILA via 123RF
What are the Risks and Challenges of Real Estate Investing?
Real estate investing also comes with risks and challenges, and potential investors should carefully consider their risk tolerance and resources before entering the real estate market. Here are some common risks:
- Market Risk. Economic downturns and the cyclical market can lead to declining property values and rental income.
- Location Risk. Changes in the neighborhood, crime rates, local regulations or zoning laws, environmental impacts, natural disasters, or local economic conditions can impact the value of your property.
- Physical Condition of Property. Unexpected maintenance or repair costs can cut into your returns.
- Tenant-Related Issues. The day-to-day responsibilities of property management, including tenant turnover, rent non-payment, property damage, legal issues, tenant complaints, and ongoing maintenance, can be a significant hassle and expense for landlords.
- Interest Rate Changes. Fluctuations in interest rates can affect your mortgage payments.
- Mortgage Default Risk. If you have a mortgage on the property, the risk of defaulting on loan payments can lead to foreclosure and loss of the property.
- Liquidity Risk. Real estate is not a highly liquid asset and can take time to sell, making it difficult to access your investment capital quickly if needed.
- Inadequate Insurance Coverage. Failing to have the right insurance coverage can expose you to unexpected losses.
Not all real estate investments will be subject to all these risks, and the degree of risk can vary based on factors like location, property type, and investment strategy. To mitigate these risks, here are some steps to follow as a first-time real estate investor.
Define Your Investment Goals
Before you start, defining your investment goals to shape your investment strategy is crucial. Are you looking for long-term rental income, short-term gains through flipping properties, or a mix of both?
Build a Solid Financial Foundation and Budget
Assess your current financial situation and create a budget factoring the purchase price and ongoing expenses such as property taxes, insurance, maintenance, a reserve for emergencies, and property management fees. Work on improving your credit score and saving for down payments. Having a stable financial base will make it easier to secure financing and weather potential market fluctuations.
Research the Market
Research the real estate market in the area, considering factors like job growth, population trends, and the region’s overall economic health. A thriving market can lead to higher demand for rental properties or appreciating property values.
Choose the Right Financing Option
Shop for the best loan terms and interest rates if financing is needed, and ensure that you understand the terms and conditions before signing any agreements.
Perform Due Diligence
Before making any purchase, conduct thorough due diligence, including property inspection, a title search to ensure clear ownership, and a review of relevant legal documents.
Seek Professional Guidance
Seek guidance from real estate agents, property managers, contractors, and other professionals who can provide valuable insights, assist in property management, and help you navigate the complexities of real estate transactions.
Real estate investment can be a rewarding journey for first-time investors. You can make real estate a valuable part of your investment portfolio by understanding the risks, defining your goals, building a solid financial foundation, conducting thorough research, and following a well-thought-out investment strategy.