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WE trust them with the keys to our homes but murder, robbery, fraud, rioting, bribery and forcible entry are a just a few of the crimes a person can commit and still become a real estate agent.
While plans are underway to introduce new legislation to regulate training within the industry, it has been revealed a person can still sell property in Queensland even after committing serious crimes.
People who have committed a crime with a maximum sentence of more than three years in jail can be automatically refused a real estate licence or salesperson certificate.
But offences like computer hacking, affray and forcible entry have small maximum sentences, meaning a person can be convicted of these crimes and apply for the licence within the week.
Even murderers, fraudsters and armed robbers can apply to become agents if they wait long enough. The automatic dismissal overlooks any offence, no matter how severe, if the person was convicted more than five years ago.
Anyone guilty of a range of other offences can apply for their licence not long after being convicted.
All agents and salespeople in the industry must undergo a criminal history check before they can sell real estate but the check only takes into account certain crimes and overlooks crimes with smaller sentences.
A person can still become a real estate agent in
Queensland even after committing serious crimes.
Image source: news.com.au
Real estate consumer advocate and host of Selling Houses Australia Andrew Winter called on the Office of Fair Trading needed to review its policies for the protection of the public.
"From the consumer point of view a licensed real estate agent should be a law-abiding citizen," he said.
"They should not be somebody who has ever been imprisoned for anything. Because what they're dealing with is big sums of money, even if they're handling it indirectly through a property, and they're working with trust accounts."
Mr Winter said the legislation needed to be changed for the protection of both consumers and people working in the industry.
"Queensland still has the most stupid property laws where agents are allowed to write contracts," he said.
"They're not lawyers, they're real estate agents and if you do a criminal history check it should be a proper one so that consumers are safe."
"It's also for the protect of real estate agents themselves and for the rookie and trainees to know to have licence you have been checked out thoroughly."
In the 2012-13 financial year the Office of Fair Trading received 1067 complaints about real state agents. One of the top reasons given for these complaints were allegations of failure to act honestly, fairly or professionally.
Office of Fair Trading Industry Licensing Unit executive manager Tamika Millmore said the office performed a thorough check on anyone applying to sell property.
"The criminal history check is done through Queensland Police," she said.
"We have a list of certain offences that Queensland Police then inform us about. We don't find out someone's full criminal history and if they've committed a crime that is not on our list."
Ms Millmore said there were extra safeguards after the automatic refusal system to protect consumers from serious criminals.
"We also have discretionary powers," she said.
"When we conduct the criminal history check we still consider the circumstances and nature of the crimes committed before we allow a person to obtain their licence.
"We also are aware of all breaches of the Property Agents and Motor Dealers act so we can be aware of other offences even if there is not a conviction recorded against a person."
Real Estate Institute of Queensland managing director and CEO Anton Kardash said the body had no problem with how criminal checks worked.
"The current requirements for police checks seem to be adequate however National Licensing seems to be weakening the current arrangements."
Crimes with a maximum sentence less than three years:
• Rioting
• Forcible Entry
• Affray
• Bribery
• Computer Hacking
• Threatening Violence
• Disclosure of Official Secrets
• Influencing Voting
• Observing or Recording in Breach of Privacy
Peter Vekselman is a real estate coach who has been in the business for more than a decade. Learn more about his professional background by visiting this website.
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