realestatebusiness logo
Subscribe to our newsletter SIGN UP

Agency cleared of deceitful advertising

A boutique real estate agency has been cleared in court of underquoting on residential land in a series of newspaper advertisements.

Agency cleared of deceitful advertising
March 06, 2018 Adam Zuchetti 0 comments

Adelaide-based Cocks Auld Real Estate had been accused by South Australia’s Consumer and Business Services Commissioner, which oversees issues of fair trading and consumer affairs, of advertising residential land for sale in local newspapers and The Advertiser for $550,000.

This allegedly went against the vendor’s accepted minimum price of $600,000, effectively amounting to an underquoting.

The commissioner announced back in June 2017 of impending court action against Cocks Auld, alleging four breaches each of the Australian Consumer Law and the South Australian Land and Business (Sale and Conveyancing) Act, by making false or misleading representations about the land and its price expectations.

However, in court last week, Magistrate Paul Bennett cleared the agency of any wrongdoing, stating that the documentary evidence did not prove beyond reasonable doubt that the vendor had wanted a $600,000 sale price before the advertisements were placed.

The judge ordered the Consumer Affairs Commissioner to pay Cocks Auld’s costs in defending the case.

Cocks Auld Real Estate was acquired last year by Harris Real Estate, prior to the legal action being announced.

Its managing director, Phil Harris, declined to comment, given that the issue pre-dated the acquisition.

Agency cleared of deceitful advertising
lawyersweekly logo
Recommended by Spike Native Network
reb top 50 women 2018

The 2018 REB Top 50 Women in Real Estate ranking is out now, see the full 2018 ranking here!

featured podcast

featured podcast
Doing what is required for the day — and doing it every day

Bill Tsounias believes that achieving an end goal is simple: break it down to the basics and do these day by day. ...

View all podcasts

How do you get your day started?

I get up early and get to the office to get ahead of my competition
I get up early and get an exercise workout in first thing
I take my time getting to the office, avoiding exercise, to be fresh when I hit the phones
I have no regular routine, rather I take everyday as it comes
Do you have an industry update?
Ensure you never miss an issue of the Real Estate Business Bulletin. Enter your email to receive the latest real estate advice and tools to help you sell.