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Charging tenants for Wi-Fi, trust account woes come back to bite Cairns agent

By Grace Ormsby
15 August 2023 | 11 minute read
Cairns Australia reb

The north Queensland-based real estate agent and her company have been ordered to pay more than $13,000 in fines and compensation for trust account breaches and charging clients for unauthorised expenses.

Palm Cove’s Jocelyn Anne Strangman, and her company Jokima Pty Ltd, will be required to may more than $13,300 in fines and compensation after pleading guilty to 13 charges laid by the Office of Fair Trading (OFT).

The matter, which was heard last week in the Cairns Magistrates Court, saw the Office of Fair Trading pursue Ms Strangman and Jokima for the charges, which all related to trust account breaches and charging clients for unauthorised expenses.

In a media statement published by the Queensland government, it was revealed that Ms Strangman and Jokima were fined a total of $8,500.

Ms Strangman herself was ordered to pay back $4,894.69 to clients who were charged inappropriately for certain expenses, with the court hearing that the company “was not authorised to deduct fees and expenses on several properties, including Wi-Fi installation expenses.”

The Office of Fair Trading shared that conjointly, Ms Strangman and Jokima Pty Ltd were charged with 12 breaches of the Property Occupations Act 2014 and the Agents Financial Administration Act 2014.

Ms Strangman had also pleaded guilty to one additional offence, after failing to lodge an audit report.

Commissioner for Fair Trading, Victoria Thomson, said the court outcome is “a timely reminder for real estate agents to ensure they have been correctly appointed and all paperwork is up to date before they charge fees for their service”.

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She stressed the point that “real estate professionals hold a position of trust and work with large sums of other people’s money, so it is essential they abide by the law and follow appropriate processes at all times”.

She also used the scenario as another warning against agents operating outside of the law, remarking: “The OFT will continue to investigate and take action against any real estate agent who is not doing the right thing by their clients.”

It’s the latest in a string of fines against agents, including the handing down of 48 underquoting infringement notices in Victoria, with fines exceeding $500,000 over the 2023 financial year.

It also follows the laying of charges against a West Melbourne agency for allegedly trading without a licence.

If found guilty, the Sunshine State business could be ordered to pay penalties of up to $165,220.

ABOUT THE AUTHOR


Grace Ormsby

Grace Ormsby

Grace is a journalist across Momentum property and investment brands. Grace joined Momentum Media in 2018, bringing with her a Bachelor of Laws and a Bachelor of Communication (Journalism) from the University of Newcastle. She’s passionate about delivering easy to digest information and content relevant to her key audiences and stakeholders.

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