The director of former western suburbs estate agency The Sarain Pty Ltd, Surinder Sarain, has agreed to an undertaking after admitting to breaches of Victoria’s estate agent laws.
In 2017, our inspectors visited the business premises of The Sarain Pty Ltd (ACN: 143 731 006), then trading as Ray White Werribee, as part of our state-wide compliance inspection program. We took action against the company as a result of this investigation.
The matter was resolved out of court, with an undertaking provided to the Director of Consumer Affairs Victoria by Mr Sarain, 42, of Ormond.
In the undertaking, Mr Sarain admitted to contraventions of the Estate Agents Act 1980 and the Estate Agents (Professional Conduct) Regulations 2008. These breaches included:
- underquoting while marketing 11 properties
- failing to disclose relevant information about the commission of two properties
- making false and misleading representations as part of advertisements for three properties
- failing to keep full and accurate trust accounting records.
The breaches occurred predominately in Melbourne’s western suburbs in 2015 and 2016. As well as making a $2,500 payment into the Victorian Consumer Law Fund, Mr Sarain has agreed to:
- not be in in effective control of a corporation conducting a real estate business in Victoria for a period of two years
- not be involved in the day-to-day management of an estate agency business in Victoria for a period of two years
- undertake at least 12 continuing professional development courses administered by the REIV within 12 months.
Under the terms of the undertaking, Mr Sarain is permitted to continue to work within the real estate industry, but not in any executive or management positions. Mr Sarain has not had his licence cancelled.
The undertaking will be in effect for two years.
You can check a real estate agent’s licensee status on our Estate agents online public register.
Download the full undertaking