Dispute resolution through Real Estate Institutes


This document relates to Real Estate Agents who are members of a professional body such as the Real Estate Institute of Australia

Background

The first step in issue resolution is mediation, mediation allows you to collect all evidence and information to support your case, it should be noted however that resolutions may not be enforceable by an institute or mediator, however it can provide background for an enforceable case in the future. All correspondence must be recorded and logged, the purpose of Tenancy Toolbox is to provide issue tracking than can be used for this purpose.

If your Real Estate Agent is a member of a Real Estate Institute (REI) ( A Member should prominently display a notice of the existance of this code, and their adherance to it, in the public area of thier office.), then you may be well advised to raise an issue with that body, this does not restrict your ability to follow other courses of action and can provide good background for your case.

Some landlords that we have communicated with have been horrified by the way that some Agents have conducted themselves on their behalf and have shown support for Tenancy Toolbox as an effective mechanism for monitoring property management issues. It should also be noted that an Agent is in effect the Landlord in residential Tenancies.

Key Points for Tenants

The Tenant must keep accurate records of all interactions with Agents,Landlords and Trades persons

  1. Record everything, emails, transscripts of voice communications, Text Messages, Letters. In the case of non-written communications send that transcript to the other party as confirmation of an agreement or maintenance notification or issue.
  2. Do not make false statements or deliver abuse or treats, and keep to the point, always repeat the key points of the issue including orignal notification and the expected outcome. Reference appropriate sections of your local Tenancy Act if the issue is a breach of the Act.
  3. Provide complete transparency to all parties, provide evidence including dates and times, photos and other relevant information to support the issue.
  4. Tenants should record the results of all matters discussed during a regular property inspection, once recorded the Tenants record of reported issues should be sent to the agent as confirmation. Agents are not always transparent in their reporting and we have sighted cases where the Landlord has not been informed.
  5. If you are a member of Tenancy Toolbox then upload all details into the issues management system for your property.
  6. Follow up the issues within a resonable time appropriate for the specified timeframes for issue resolution for your local tenancy act.
  7. Provide an opportunity to the Agent to resolve issues prior to mediation or tribunal involvement. Document all attempts by you to seek resolution.
  8. Take further action as required to work towards a successful outcome.
Dispute Resolution - Member to Member and Client/Customer to Member(1)
A Practitioner should resolve disputes in a professional manner.

13.1 Where a dispute arises between Members of between a Client/Customer (but not a non-Member Practitrioner) and a Member, there are three (3) essential steps that must be taken.

13.2 The parties should, in the first instance, attempt to resolve the matter informally by telephone, letter, email or face-to-face meeting. A copy of all communications should be supplied to the Chief Executive Officer of REINT.

13.3 If resolution is not achieved, then the parties should request mediation by REINT. The Chief Executive Officer of REINT will nominate an independant mediator and this mediator will meet with both parties (either together of individually as deemed appropriate in the circumstances). Each party will provide a written submission to REINT no less than seven (7) days prior to the mediation.

13.4 If resolution is not achieved through mediation then the matter may be referred to a Professional Standards Committee, convened for the singular purpose and dealt with in accordance with REINT's Rules and By-Laws in force from time-to-time.

References

(1). Real Estate Institute of Northern Territory Inc.  Real Estate Practitioners Code of Conduct. June 2015 original copy can be found on the REINT web site or Our direct pdf link

Definitions

"Client" - means any person or entity who has engaged a Practitioner to act on their behalf.

"Customer" - means any person or entity involved in a transaction but not as a Client.

"Member" - means any member of REINT and includes any employee of a member.

"Practitioner" - means any licensed or registered agent, sales representative, property manager, strata/body corporate manager or auctioneer involved in real estate for fee or reward.

Important

Tenancy Toolbox can not offer legal advice, however we can direct you to various services that can help tenants when they encounter issues. We highly recommend that you contact your local community legal services for advice regarding Tenancies.

Most community legal services can arrange a telephone meeting rather than having to visit their offices, this can be a good option however we find that at least the first meeting should be face-to-face. Take all related paperwork with you, print off a issue log from Tenancy Toolbox including your Tenancy Contract and incoming inspection reports. A keen eyed advocate from legal services can detect obsolete conditions or unenforceable clauses.

Disclaimer

Tenancy Toolbox does not provide legal advice
Article Rating:
1 Star2 Stars3 Stars4 Stars5 Stars (No Ratings Yet)
Loading...