Talking up credentials lands real estate agent in court
A Browns Plains real estate salesperson has been convicted in Beenleigh Court after an investigation by the Office of Fair Trading (OFT) found he made false and misleading representations about himself.
Patrick Charles McLean pleaded guilty on 16 July 2021 in the Beenleigh Magistrates Court after claiming to be the principal licensee of an agency when he held only a salesperson certificate.
The court heard that from 30 September 2015 to 30 September 2017 Mr McLean had been the principal licensee and licensee in charge of McLean Property Management Pty Ltd, trading as Harcourts Local in Browns Plains. In June 2017 Mr Mclean entered bankruptcy, making him ineligible to hold a real estate agent licence or act as a principal licensee.
In October 2018 Mr McLean was granted a real estate salesperson certificate by the OFT on the condition he would not be involved in the management of the business.
In January 2020, the OFT learned Mr McLean was promoting himself as a principal licensee despite not having approval to be a licensee and when an OFT investigations officer visited the agency, they saw Mr McLean’s business cards described him as the principal licensee.
Mr McLean acknowledged the information on the business cards was incorrect but said he would correct the error and that he had ordered new business cards.
In August 2020, the OFT inspector returned to the agency and found that despite the advice provided to him, Mr McLean was continuing to promote himself as the principal licensee and as a result this court action was progressed.
The court also heard that in November 2020 Mr McLean was sentenced to two years imprisonment, suspended after six months for a period of three years, in the Brisbane Magistrates Court for 10 charges of dishonesty in relation to a claim he made for worker’s compensation.
The OFT cancelled Mr McLean’s real estate salesperson’s certificate as a result of that conviction.
Commissioner for Fair Trading, Victoria Thomson said the OFT will take appropriate action against anyone who is found to not be complying with fair trading laws.
“It was incredibly foolish of Mr McLean not to follow the advice provided to him by the OFT when he had the opportunity. As a result, his ability to work in this industry is over.”
“It is vitally important that agents are honest in all their dealings with consumers.”
“Anyone operating in the real estate industry needs to take licensing rules seriously. They are in place for a reason.” Ms Thomson said.
To conduct a free check on whether a person or corporation is licenced, or for more information about real estate agent’s obligations, visit the OFT website at www.qld.gov.au/fairtrading.