Color life – undertaking

Emall Pty Ltd trading as Color Life has entered into an undertaking with Consumer and Business Services (CBS) to voluntarily recall 3 styles of baby cots that fail to meet Australian safety standards. The business, who sells online, is required to contact all customers who bought cots to discontinue using the cot and destroy them or return to Color Life. Customers will be provided with a full refund.

Emall Pty Ltd have also agreed to no longer sell, possess or offer to sell goods that do not comply with safety or information standards outlined in the Australian Consumer Law.

Color life signed undertaking (PDF 505 KB)


Spend A Penny – undertaking

John Farrugia, Mary Farrugia, Rosemarie Farrugia and David Farrugia trading as Spend A Penny have acknowledged that they breached section 106 and 136 of the Australian Consumer Law by supplying, offering for supply, manufacturing, possessing, or having control of consumer goods that do not comply with an applicable safety and information standard.

The partnership gave undertakings to the Commissioner for Consumer Affairs to rectify the breaches.

Signed undertaking (PDF 374KB)


Charles Fenton trading as Holtan Building and Maintenance Services – assurance and undertaking

Charles Leonard Fenton trading as Holtan Building and Maintenance Services has acknowledged that he breached sections 28 and 30 of the Building Work Contractors Act 1995 by contracting for domestic building work without a domestic building work contract in place, and requesting excessive payments.

Mr Fenton has entered into an assurance with the Commissioner that states he acknowledges the breaches and will rectify them.

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

Signed assurance (PDF 105KB)


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)