Frank Flanagan and Matthew White, trading as Elite Franchise Recruitment - Court action

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22 July 2014
Court actions

Melbourne Magistrates’ Court has made orders restraining Matthew White and Frank Flanagan, from operating as estate agents unless licensed under the Estate Agents Act 1980.

The Director of Consumer Affairs Victoria alleged the pair, who traded as Elite Franchise Recruitment, operated as unlicensed estate agents when Mr White negotiated the sale of a food franchise at a major shopping centre on behalf of the vendor between February and June 2013. Elite Franchise Recruitment allegedly retained a $20,000 sales commission from deposits paid to it by the buyer of that business.

It was also alleged that they advertised businesses for sale in online advertisements. The names and phone numbers of either Mr White or Mr Flanagan appeared in the ‘seller’ contact details in various online advertisements for the sale of businesses in 2013.

The court restrained Mr Flanagan and Mr White, including through the business trading as Elite Franchise Recruitment, from carrying on the business of an estate agent unless licensed to do so. Other others made included orders restraining Mr White and Mr Flanagan each from notifying or advertising the sale of any business in any online or other medium on behalf of any other person unless licensed.

Mr White was also ordered to pay $1063 in costs.

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