Baycrown Management Pty Ltd - Court action

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Date
7 June 2012
Category
Court actions

A company that sold and leased apartments in Melbourne’s CBD operated as a real estate agent while unlicensed, Melbourne Magistrate’s Court has found.

The court has imposed a permanent injunction to prevent Baycrown Management Pty Ltd, which sold and leased apartments in the Melbourne CBD, from operating as an estate agent while unlicensed.

The company’s real estate licence lapsed in December 2011 but it continued to operate in contravention of the Estate Agents Act 1980. The contravention was reported to Consumer Affairs Victoria by the Business Licensing Authority.

Baycrown Management Pty Ltd had given undertakings to Consumer Affairs Victoria that it would stop operating as an agent and would engage a licensed agent, but failed to do so. Consumer Affairs Victoria took civil action to obtain injunctions as a result.

On 7 June 2012, the court imposed a permanent injunction restraining the company from selling or leasing properties or receiving rents. It also ordered that a notice correcting the false representations and summarising the court orders be displayed in all customer service or reception areas at the business’ premises for 12 months.

Baycrown Management Pty Ltd was also ordered to pay Consumer Affairs Victoria’s legal costs of $1200.

The court ordered that Baycrown Management Pty Ltd be restrained from the following, unless licensed as an estate agent under the Estate Agents Act 1980:

  • carrying on the business of a real estate agent
  • holding itself out as carrying on, or being prepared to carry on, the business of an estate agent
  • advertising the sale or letting of any property/interest in land or buildings on behalf of any other person, entity or corporation
  • negotiating the sale or letting of any property/interest in land/real estate on behalf of any other person, entity or corporation
  • selling, letting, exchanging or taking on the lease of, or otherwise dealing with or disposing of, any real estate on behalf of any other person
  • accepting payment or other consideration, including any fee, commission or rebate, in relation to procuring the sale, letting or disposal of any land or building
  • receiving or holding any money in relation to the sale, leasing or disposal of any land or building on behalf of any other person
  • collecting, receiving or holding any rent or money payable by a tenant under any lease agreement on behalf of any other person, entity or corporation.
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