Tsun Ngai Lee (trading as Ably Realtor Worldwide Agency) - Commencement of action

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Date
5 June 2018
Category
Court actions

Consumer Affairs Victoria has started legal action against Tsun Ngai Lee (trading as Ably Realtor Worldwide Agency), for alleged breaches of the Estate Agents Act 1980 and its regulations.

Our allegations include that Mr Lee, 59, of Caroline Springs, did not:

  • record required information in:
    • a register of trust cheques
    • trust account cash receipts journal; and
    • trust ledger accounts
  • have his trust accounts audited within the required timeframe
  • keep money in the trust account until it was paid to the person entitled to it
  • at all times act fairly and honestly in his capacity as an estate agent.

We also allege that Mr Lee engaged in conduct detrimental to the estate agent industry.

Consumer Affairs Victoria staff identified the alleged breaches during inspections at Ably Realtor Worldwide Agency, and in February 2018 in relation to a response Mr Lee provided to a statutory notice.

We are seeking orders that the tribunal do one or more of the following:

  • penalise Mr Lee up to $5000
  • cancel, suspend, or put conditions on Mr Lee’s licence
  • declare Mr Lee ineligible to hold a licence, either permanently or temporarily
  • require Mr Lee to enter into an undertaking to perform, or not to perform, certain specified tasks
  • reprimand Mr Lee
  • order Mr Lee to comply with any requirement the tribunal makes.

The matter will be heard at the Victorian Civil and Administrative Tribunal.

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