About Us

We work collaboratively with our clients to build strong, sustainable relationships. Our team is committed to delivering consistent high standards of service, and we understand the importance of accessibility. Working with us, you'll enjoy open communication, meaning well scoped, properly resourced and effectively managed matters.

Learn More

Latest Case

Providing strategic advice on expansion structures November 16, 2018

Founded in Bondi Beach in 2012, Bailey Nelson has rapidly grown into a global eyewear retailer and service provider with boutiques in Australia, London, Canada and New Zealand. The strong demand for their products and … Continued

Latest News

Maddocks advises Audinate on its capital raising June 6, 2019

Thursday 6 June 2019 Maddocks has advised ASX listed audio technology company Audinate Group Limited on its successful equity raising to accelerate growth. As announced to ASX on 6 June 2019, more than 2.8 million … Continued

Latest Article

Freedom of Information professional standards June 14, 2019

Part IB of the Freedom of Information Act 1982 (Vic) (FOI Act) provides the Information Commissioner with the power to develop professional standards relating to the conduct of agencies in performing functions under the FOI … Continued

A warning for agents – how to avoid underquoting

Consumer Affairs Victoria (CAV) commenced proceedings in the Federal Court last week against real estate agency Hoskins Maroondah (Hoskins) and its director, alleging, among other things, that Hoskins underquoted on the sale of 26 properties between 2015 and 2016.

The proceeding against Hoskins comes less than a week after the Federal Court imposed a penalty of

  • $160,000 on Manningham Property Group, trading as Hocking Stuart Doncaster, for underquoting on 9 properties; and
  • a record $880,000 on Fletcher & Parker Balwyn for misleading and deceptive conduct relating to underquoting on 22 properties.

This provides a stark reminder to real estate agencies to be aware of their responsibilities under the Estate Agents Act 1980 (Vic). In light of the ongoing investigations by CAV’s underquoting taskforce, agents must remember to:

  • ensure any estimated selling price is reasonable
  • notify the seller and revise the estimate if the agent becomes aware that the estimate is unreasonable
  • prepare a statement of information about residential properties they are selling
  • ensure that representations made to prospective purchasers do not contain prohibited terms, for example, using modifiers such as ‘starting at’ or ‘+’.

The above are key changes to the underquoting provisions in the Estate Agents Act 1980 (Vic) which came into effect on 1 May 2017.

More information

For further information on the amended underquoting provisions, please read our previous blogs,  The final piece in the underquoting puzzle – Parliament passes legislation to address underquoting and Underquoting under scrutiny – real estate agent penalised for underquoting.

Further assistance

Our lawyers are highly skilled in property transactions, dispute resolution and compliance with regulatory obligations.

If you require any assistance, please contact a member of our Dispute Resolution & Litigation or Property & Development teams.

Author
BRENDAN DUKE 5CM B&W JPG 2013 Brendan Duke | Lawyer
Tel +61 3 9258 3391
brendan.duke@maddocks.com.au

Consumer Affairs Victoria (CAV) commenced proceedings in the Federal Court last week against real estate agency Hoskins Maroondah (Hoskins) and its director, alleging, among other things, that Hoskins underquoted on the sale of 26 properties between 2015 and 2016.

The proceeding against Hoskins comes less than a week after the Federal Court imposed a penalty of

  • $160,000 on Manningham Property Group, trading as Hocking Stuart Doncaster, for underquoting on 9 properties; and
  • a record $880,000 on Fletcher & Parker Balwyn for misleading and deceptive conduct relating to underquoting on 22 properties.

This provides a stark reminder to real estate agencies to be aware of their responsibilities under the Estate Agents Act 1980 (Vic). In light of the ongoing investigations by CAV’s underquoting taskforce, agents must remember to:

  • ensure any estimated selling price is reasonable
  • notify the seller and revise the estimate if the agent becomes aware that the estimate is unreasonable
  • prepare a statement of information about residential properties they are selling
  • ensure that representations made to prospective purchasers do not contain prohibited terms, for example, using modifiers such as ‘starting at’ or ‘+’.

The above are key changes to the underquoting provisions in the Estate Agents Act 1980 (Vic) which came into effect on 1 May 2017.

More information

For further information on the amended underquoting provisions, please read our previous blogs,  The final piece in the underquoting puzzle – Parliament passes legislation to address underquoting and Underquoting under scrutiny – real estate agent penalised for underquoting.

Further assistance

Our lawyers are highly skilled in property transactions, dispute resolution and compliance with regulatory obligations.

If you require any assistance, please contact a member of our Dispute Resolution & Litigation or Property & Development teams.

Author
BRENDAN DUKE 5CM B&W JPG 2013 Brendan Duke | Lawyer
Tel +61 3 9258 3391
brendan.duke@maddocks.com.au