When you can claim for financial loss

You can make a claim for financial loss if you've suffered financial loss because of:

The financial loss might have been caused by their actions or inactions (things they should have done but didn’t).

Always try to settle the claim with the agent or dealer first.

Go through their complaint process. If this doesn’t resolve the dispute, then you can lodge a written claim with us.

Don’t leave it too long to claim as time limits apply.

What you can claim for

You can make a claim if the agent or dealer:

doesn’t deal with your trust account money properly, for example the agent doesn’t pay you rental income collected from your tenant
steals or misuses any money—including transfer or stamp duty—or property you have trusted them to pass on to someone else—for example, a government agency—on your behalf
makes false or misleading claims, for example lies about a vehicle’s year of manufacture or distance travelled
doesn’t disclose a beneficial interest
doesn’t return your money, deposit or trade-in vehicle if you cancel during your cooling-off period or because they didn’t fulfil their legal obligations.

You can also claim if a property agent doesn't:

You can also make a claim if you don't get a clear title on a second-hand vehicle you buy.

Certain types of conduct by property agents is considered marketeering. Marketeering doesn’t apply to motor dealers or auctioneers.

Marketeering could be misleading conduct, unconscionable conduct or making false representations.

Businesses can’t:

lie to you or hide important details when you’ve asked them for information
deliberately give you a false idea or make false claims about a property, including about its value, details or available facilities
use high-pressure tactics, a friend, or relative to influence your decision
take unfair advantage of your personal circumstances
not give you time to read an agreement, ask questions or get advice
not explain the key terms of a contract.

You can make a marketeering claim only if:

you have on-sold the property within 6 years of the sales contract date
you suffer a capital loss, for example if you sell it for less than you paid for it
the property isn’t an investment property
the property is located in Queensland.

You can’t make a claim if:

you sell your vehicle to a dealer, but they don’t pay you for it—you’ll need to claim compensation through the court system
the agent or dealer doesn’t honour your statutory warranty on a used vehicle—you'll need to apply to the Queensland Civil and Administrative Tribunal for compensation
the agent or dealer wasn’t upfront in disclosing all the information about the property or goods
your dispute is with a property developer or their employees
the agent or dealer didn’t tell you about their relationship with a service provider—for example, a solicitor—they recommended you use
you’re also an agent or dealer and were dealing with another agent as part of your job
you made a financial investment in the agent or dealer’s business
you experienced poor service or the agent or dealer was negligent
the agent or dealer steals or misuses trust account money after you’ve agreed they could invest it.