An ACT real estate agent has vowed to improve her business after being fined $2000 and agreeing to undergo further training following her publication of false information related to 39 property advertisements.
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Serene Rui Li Teoh, owner and operator of Trusted Realtors Pty Ltd, knowingly or recklessly published false and misleading statements about her business in online advertisements of the properties in Denman Prospect, the ACT Civil and Administrative Tribunal recently said.
During the conduct between April 1 and May 25 in 2020, she failed to obtain and provide the required documents - under the Civil Law (Sale of Residential Property) Act 2003 - authorising the business to list properties for sale and for prospective buyers to inspect the premises.
Ms Teoh breached sections of the the Agents Act 2003, Agents Regulation 2003 and professional conduct rules.
I believe the outcome is fair and I will take time off to complete everything required at our new Dickson office.
- Serene Rui Li Teoh, owner of Trusted Realtors
As part of the orders, Ms Teoh, who was not subject to any disciplinary previously, also needed to give a written undertaking about how she would minimise the likelihood of more breaches.
This includes adopting procedures to train employees related to policies and risk assessments for publishing advertisements online.
She is also required to undergo accredited training courses related to minimising agency risk, listing properties for sale, marketing properties and interpreting legislation to complete agency work.
The orders came after the Commissioner for Fair Trading began occupational discipline proceedings against Ms Teoh in the tribunal last November.
By mid December, the parties reached agreement about the orders and the tribunal agreed to imposing those orders.
In her remarks, tribunal presidential member Mary-Therese Daniel said that while a single breach of the kind in this matter might constitute "a transgression at the lower end of the scale", Ms Teoh's breaches showed "a pattern of personal and business behaviours".
"The parties' early agreement and therefore resolution of the matter demonstrates Ms Teoh's wiliness to accept responsibility for the contraventions and acceptance of the orders made against her," Ms Daniel said.
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Ms Daniel said the tribunal's publishing its reasons to publicly reprimand Ms Teoh and the fine were appropriate, which expressed the disapproval of her conduct and to deter other agents from committing breaches.
"The written undertaking serves to effect procedural changes to the operation of the respondent's business and the conduct of employees under her supervision," she said.
"The courses serve a remedial purpose to correct the respondents conduct and minimise further contraventions of this kind.
Ms Teoh told The Canberra Times that she was grateful the tribunal considered "the fact that mistakes do happen in a fast expanding business".
"I believe the outcome is fair and I will take time off to complete everything required at our new Dickson office," Ms Teoh said.
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