Benjamin David Chislett - Court action

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28 October 2015
Court actions

Benjamin David Chislett, 39, of Highton, has been ordered to stop operating as a real estate agent until licensed to do so, after Consumer Affairs Victoria took action in the Melbourne Magistrates’ Court.

The court found that Mr Chislett engaged in estate agent activities without being licenced to do so, by permitting two companies of which he was an officer to engage in estate agent activity without a licence.

He permitted Creative Property Australia Pty Ltd to advertise properties for sale on, and enter into negotiations for the sale of real estate without a licence; and permitted Benny Bull Pty Ltd to advertise properties for sale on without a licence. These companies, Creative Property Australia Pty Ltd and Benny Bull Pty Ltd, are now in liquidation.

The court also found that Mr Chislett had engaged in false and misleading conduct by falsely:

  • representing that he had a licence to sell property. Furthermore, Mr Chislett engaged in false and misleading conduct by permitting Creative Property Australia Pty Ltd to falsely describe the nature of:
  • Creative Property Australia’s ‘joint venture agreement’ and ‘power of attorney’ documents to a consumer, and
  • a property’s terms of sale in an advertisement.

The court granted orders restraining Mr Chislett from acting as a real estate agent, including exercising, advertising or notifying anyone that he offers the services of a real estate agent, until he is licensed to do so.

Mr Chislett must also not:

  • negotiate the sale, purchase, exchange or lease of a property
  • collect rents for any real estate or business on behalf of another person, until he is suitably licensed to do so.

The court ordered Mr Chislett to submit a number of documents to Consumer Affairs Victoria within 28 days of the court’s order. These include financial documents, completed sales and rental files, and documents relating to all joint ventures in which he was involved. Mr Chislett was also ordered to pay costs of $6,323.10.

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