A Glenroy estate agency will contribute $45,000 to the Victorian Consumer Law Fund after acknowledging contraventions of Victorian consumer and property laws relating to property sales.
We commenced an investigation after a routine inspection of the company's sales files found that two properties had been advertised at www.barryplant.com.au at a price that was less than the:
- estimated selling price
- vendor's price as stated in the sale authority, and
- lower end of the estimated selling range.
The Director of Consumer Affairs Victoria has accepted undertakings from Superior Realty Pty Ltd (ACN: 098 225 248; trading as Barry Plant Glenroy), its director, Fadi Khoder, and its managing director and officer in effective control, Evangelos Nestor, who acknowledge making false and misleading representations about the sale price of a further six properties in Broadmeadows, Dallas, Glenroy and Meadow Heights.
The company agreed and acknowledged it had contravened the Estate Agents Act 1980 and the Australian Consumer Law (Victoria) by engaging in conduct that was misleading and deceptive, or likely to mislead or deceive potential buyers about the likely selling price of a property for sale.
As well as the company making a $45,000 contribution to the Victorian Consumer Law Fund, Mr Khoder, 42, of Coburg, and Mr Nestor, 57, of Balwyn North, offered an undertaking to our Director that the company will, at its own expense:
- implement a compliance program within three months of the start of the undertaking, and maintain the compliance program for three years
- display a public notice stating its contraventions:
- on the company website (www.barryplant.com.au/glenroy), and
- at or near the reception desk of each of its existing or new premises from which the company conducts real estate services.
This public notice must be displayed within 14 days of the commencement of the undertaking and remain displayed for three months.
This enforceable undertaking will be in effect for three years.
Download the Enforceable undertaking
Superior Realty Pty Ltd (t/as Barry Plant Glenroy) - Enforceable undertaking (PDF, 2.7 MB)
Superior Realty Pty Ltd (t/as Barry Plant Glenroy) - Enforceable undertaking (Word, 392 KB)