Bathroom Concepts Pty Ltd and Robert James Duncan – assurance

In response to the concerns raised by Consumer and Business Services, Bathroom Concepts and Mr Duncan provide an assurance that:

  • Bathroom Concepts will not request payments under a domestic building work contract which do not represent a genuine progress payment for work performed under the contract; or request a deposit in excess of that which is authorised under the regulations in compliance with section 30 of the Building Work Contractors Act 1995.
  • Mr Duncan will not aid, abet, counsel or procure Bathroom Concepts to request payments under a domestic building work contract which do not represent a genuine progress payment for work performed under the contract; or request a deposit in excess of that which is authorised under the regulations in compliance with section 30 of the Building Work Contractors Act 1995.

A trader that fails to comply with an assurance may be liable for prosecution.

Signed assurance (PDF 137KB)


Lauchlan Green trading as Everyday Green – assurance

Lauchlan Green of Everyday Green acknowledged that he breached section 6 of the Building Work Contractors Act 1995 by carrying out work which required a licence. The breach related to a contract to undertake residential paving work.

Mr Green has entered into an assurance with the Commissioner that states he will repay the customers and not conduct further business unless licensed to do so.

A trader that fails to comply with an assurance may be liable for prosecution.

Signed assurance (PDF 105KB)


Tow truck business agrees to cease selling cars without a dealer’s licence – assurance

The director of a South Australian tow truck business and mechanical workshop has been put on notice for allegedly selling vehicles without ever holding a second hand dealer’s licence.

Consumer and Business Services has alleged that Matti’s Towing sold seven vehicles without a licence from February 2016 to January 2017, ranging from $250 to $900.

Mr Caridi, director of Matti’s Towing, acknowledged that is likely that he and the company breached the Second Hand Vehicle Dealers Act 1995, which states that a person cannot carry on a business as a second-hand vehicle dealer without the appropriate licence.

Mr Caridi has entered into a written assurance with Consumer and Business Services, agreeing to no longer sell second-hand cars unless he obtains a licence.

Written assurances are formal undertakings that may be used in certain circumstances, in place of enforcement actions such as prosecution or disciplinary action.

If an individual or a business fails to comply with the conditions of the assurance, they may be prosecuted.

Find out more about licence requirements for used car dealers.

Signed assurance (PDF 130KB)


Car re-sellers put on notice – assurances

Four South Australians have been put on notice after allegedly selling cars without a second hand vehicle dealer’s licence.

An investigation by Consumer and Business Services revealed that:

  • Peter William Somers of Cooltong was believed to have bought, sold or offered for sale nine cars for between $750 and $5,000 between August 2016 and August 2017
  • Wayne Scott Harvey of Craigmore was alleged to have bought or sold 12 cars through monetary payment or by way of vehicle exchange within an 11-month period
  • James Arthur Gordon of Waterloo Corner allegedly bought, sold or offered for sale 16 vehicles between July 2016 and July 2017
  • Melissa Ann Brooksby of Waterloo Corner was believed to have bought and/or sold five vehicles between July 2016 and July 2017 for between $400 and $6500.

All were potential breaches of the Second Hand Vehicle Dealers Act 1995.

Under the Act, a person cannot carry on a business as a second-hand vehicle dealer without the appropriate licence.

Following discussions with Consumer and Business Services, Mr Somers, Mr Harvey, Mr Gordon and Ms Brooksby have all entered into written assurances with CBS – agreeing they will no longer carry on business as a second hand car dealer without the appropriate licence.

Written assurances and undertakings are formal undertakings that may be used in certain circumstances, in place of enforcement actions such as prosecution or disciplinary action.

If an individual or a business fails to comply with the conditions of the Assurance, they may be prosecuted.

Find out more about licence requirements for used car dealers.

Peter William Somers signed assurance (PDF 105KB)

Wayne Scott Harvey signed assurance (PDF 95KB)

James Arthur Gordon signed assurance (PDF 95KB)

Melissa Ann Brooksby signed assurance (PDF 104KB)


Real estate firm to strengthen practices after alleged underquoting – assurance

A Brighton-based real estate agency and its directors have committed to strengthening its practices after allegedly advertising a property for sale for a price less than the vendor’s acceptable selling price.

Peter F Burns Real Estate had allegedly advertised a property for sale for between $580,000 and $599,000, when the vendor’s acceptable selling price was $590,000.

In a second instance, the business was believed to have acted as land agent for a vendor without recording the agent’s estimated selling price, the vendor’s acceptable selling price or the manner of sale.

Following an investigation by the state’s consumer watchdog, the business, its directors and former sole director, Michael James Burns, entered into a written assurance with Consumer and Business Services – agreeing to ensure that any future likely selling price representations are not less than the prescribed minimum advertising price.

In addition, both the business and directors committed to ensuring all existing and new staff would be properly inducted and trained to identify legal and ethical requirements of Sales Agency Agreements and adhere to all legislative obligations.

Written assurances and undertakings are formal undertakings that may be used in certain circumstances, in place of enforcement actions such as prosecution or disciplinary action.

If an individual or a business fails to comply with the conditions of the Undertaking, they may be prosecuted.

For more information about a real estate agent’s obligations, or to report a concern about a real estate, contact CBS on 131 882 or visit cbs.sa.gov.au

Signed assurance (PDF 197KB)


Unlicensed real estate agent agrees to additional training – assurance

A real estate agent who allegedly acted as a sales representative for a land agent while unlicensed has agreed to commence further training as part of an enforceable undertaking he has entered into with South Australia’s consumer watchdog.

Marc Olsen’s sales representative licence was cancelled in February 2017, after he failed to renew it.

An investigation by Consumer and Business Services revealed he was allegedly still entering into sales agency agreements with vendors on behalf of another land agent.

Following that investigation, Mr Olsen entered into an enforceable undertaking with the Commissioner for Consumer Affairs, agreeing to cease acting as a sales representative without a current licence and undertake three units that form part of the Certificate IV in Property Services within 12 months of entering into the undertaking.

Consumer and Business Services may use written undertakings in place of court-based enforcement action.

This does not rule out further action, such as prosecution, if the terms of the agreement are not met.

Signed assurance (PDF 109KB)


Building contractor pays back customers for unfinished work – assurance

A building contractor has acknowledged that he likely breached consumer protection laws, after allegedly accepting payment for work at homes that he did not complete.
Consumer and Business Services allege that Mr Katsikas accepted payments exceeding $48,000 between February 2016 and March 2017, for building work on four properties which he began but failed to finish.
It is further alleged that Mr Katsikas performed work that was not permitted under his building work contractor’s licence, including paving, concreting and fencing.
Commissioner for Consumer Affairs, Dini Soulio, said that Mr Katsikas’ trading history and recent behaviour were taken into account when determining the appropriate action, noting that Mr Katsikas subsequently compensated all four consumers.
“Mr Katsikas has shown a willingness to remedy the situation, including repaying customers and voluntarily surrendering his licence,” Mr Soulio said.
“He has also held a building work contractor’s licence for many years prior to this without incident.”
Mr Katsikas entered into a written assurance with the Commissioner that states he will not conduct further business unless licensed to do so, and will not accept payment for goods and services that he is unable to deliver within a reasonable time.
A written assurance is a formal undertaking that may be used in certain circumstances, in place of enforcement actions such as prosecution or disciplinary action. A trader that fails to comply with an assurance may be liable for prosecution.

Signed assurance (PDF 175KB)


Bramalco to review consumer law practices – statement

Bramalco Pty Ltd, trading as Modern, has given a formal undertaking to the state’s consumer watchdog, after allegedly breaching customers’ cooling off rights and engaging in false, misleading or deceptive conduct on several occasions.

Under the arrangement, Bramalco is required to engage an independent professional to review its consumer law compliance program, including the effectiveness of its complaint handling system and compliance training program.

The report will be provided to the Commissioner for Consumer Affairs. Bramalco has undertaken to upgrade its compliance program and training in accordance with the report’s recommendations, within 3 months of receiving it.

It follows complaints about Bramalco’s door-to-door sales of home improvement products, such as shutters and roofing, between January 2015 and July 2016.
Complainants included residents in West Croydon, Warradale, Brahma Lodge, Andrews Farm, Melrose Park, Renmark and Berri.

An investigation by Consumer and Business Services found evidence that contracts issued by Bramalco attempted to deprive consumers of their termination rights by incorrectly stating that the customer had proactively invited the retailer to their address.

It is further alleged that Bramalco took deposits and installed products within the 10 day cooling off period, breaching their responsibilities under the unsolicited sales provisions of Australian Consumer Law (SA).

Consumer and Business Services also believes Bramalco misinformed consumers about their cooling off rights and refused to provide refunds within the prescribed cooling off period.

“Consumers who are approached by a dealer at their home without inviting them are entitled to an extended 10 day cooling off period.” Commissioner for Consumer Affairs Dini Soulio said.

“Arrangements and sales can be cancelled by the consumer at any point within that time without further obligation.”

In accepting the undertaking, the Commissioner for Consumer Affairs notes that Bramalco acknowledged its conduct was likely to have contravened the Australian Consumer Law, and that it will takes steps to ensure future compliance with the Law.

Consumer and Business Services may use written undertakings in place of court-based enforcement action. This does not rule out further action, such as prosecution, if Bramalco fails to abide by the agreement.

If you want to know more about cooling off periods, or report a concern about a door to door salesperson, contact Consumer and Business Services on 131 882.

Signed assurance


Industry warned of potential for criminal law breaches – statement

A real estate agent who allegedly contravened property rules has acknowledged the breach likely occurred. He has provided an assurance that he will not repeat his actions.

The assurance provided by M&G Property Group Pty Ltd trading as Elders Mawson Lakes and its director, Mr Domenico Mastrogiacomo for two contraventions are a timely warning to the real estate industry.

Read the full statement – Industry warned of potential for criminal law breaches (PDF 102KB)

Signed assurance


Steve Jackson Real Estate – assurance

ASSURANCE

Fair Trading Act 1987

Section 79

 

Assurance to the Commissioner for Consumer  Affairs given for the purposes of s79 of the  Fair Trading Act 1987 by:

 

Mr Steve Jackson (ABN 52 626 867 100) TIA Steve Jackson Real Estate

  

PERSONS  GIVING THIS ASSURANCE

1. This Assurance is given to the Commissioner for Consumer Affairs (“the Commissioner”) by Mr Steve Jackson trading as Steve Jackson Real Estate in the State  of  South  Australia for the purposes of section 79 of the Fair Trading Act 1987.

 

BACKGROUND

 2. Mr Steve Jackson (ABN 52 626 867 100) (“Mr Jackson”) is a natural person and sole trader.

3. Mr Jackson is a licensed Real Estate Agent providing sales and rental services for commercial and residential properties in South Australia.

4. Section 24A of the Land and Business (Sale and Conveyancing) Act 1994 requires the advertised price of residential land to be not less than the  prescribed  minimum advertising price.  The prescribed minimum  advertising  price is whichever is the greater  of the vendor’s acceptable selling price and the agent’s estimate of the selling price, as expressed in the Sales Agency Agreement.

 

CONDUCT  OF CONCERN

5. Between May 2016 and September 2016 Mr Jackson advertised the sale price of a property at 1 Graham  Street, Millswood, South  Australia for between $1,100,000 – $1,200,000 in circumstances where both the agent’s estimated sale price and  the  vendor’s  acceptable selling price was $1,200,000.

6. Between October 2016 and December 2016 Mr Jackson advertised the sale price of a property at 48 Hessing Crescent, Trott Park, South Australia for “$355,000 –  $365,000”, and for between “$345,000 – $365,000” in circumstances where both the  agent’s estimated  sale price and the vendor’s  acceptable selling price was $360,000

 

CONTRAVENTIONS

 7. The Commissioner considers and Mr Jackson acknowledges, that it is likely that he has, on two occasions, made a representation (through advertising) as to the likely selling price of   residential land which was less than the prescribed minimum advertising price in contravention of section 24A of the Land and Business (Sale and Conveyancing Act) 1994.

 

ASSURANCE BY MR STEVE JACKSON, TRADING AS STEVE JACKSON REAL ESTATE, FOR THE PURPOSES OF SECTION 79 OF THE FAIR TRADING ACT 1987

8. In response to the concerns raised by Consumer and Business Services (“CBS”)  on behalf of the Commissioner, Mr Steve Jackson, provides an Assurance to the Commissioner that:

a. Mr Jackson will not make a representation as to the likely selling price of land which is less than the prescribed minimum advertising price in compliance with section 24A of the Land    and Business (Sales and Conveyancing) Act 1994;

b. Mr Jackson will enrol in, and complete to a satisfactory standard within 12 months, two units which form part of the Certificate  IV in Property  Services (Real Estate) and provide evidence of  their  completion to CBS.  These units are:

  • CPPDSM4008A Identify legal and ethical requirements  of property  sales to complete agency work; and
  • CPPDSM4009B Interpret legislation to complete agency

 

COMMENCEMENT  OF ASSURANCE

9.  This Assurance comes into effect when:

 

9.1 The Assurance is executed by Mr Jackson; and

 

9.2 The Commissioner accepts the Assurance so executed.

 

ACKNOWLEDGMENTS

10. Mr Jackson acknowledges that:

 

10.1 It is an offence to breach an Assurance, as set out in section 81 of the Fair Trading Act 1987;

10.2  CBS will make this Assurance publicly available including by publishing it on CBS’ public register of undertakings on its website;

 

 

10.3 CBS will, from time to time, make public reference to the Assurance including in news media statements and in CBS publications;

 

10.4 This Assurance in no way derogates from the rights and remedies available to any other person arising from the alleged conduct; and

 

10.5 This Assurance may be produced to any Court in respect of any proceedings alleging any future contraventions of the Fair Trading Act 1987 or a related Act.

Signed public assurance (PDF140KB)

Read full statement