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Valuer and conveyancer fee cap may be removed

By Staff Reporter
14 May 2014 | 10 minute read

The WA government is looking to deregulate the fees charged by settlement agents and land valuers, and is asking for industry and community comment.

Currently Western Australia is the only state to fix a maximum amount that settlement agents and land valuers can charge for their services.

According to the Department of Commerce, there are currently about 660 licensed settlement agents and 840 licensed land valuers in WA.

Acting commissioner for consumer protection Gary Newcombe said to scrap the fee schedule in the relevant legislation would promote competition and reduce red tape for businesses.

“In other states where there is no such regulation, competition acts to keep charges low for consumers, so the reality is that having a mandated maximum fee is unnecessary,” Mr Newcombe said.

“In fact, discounting by settlement agents and land valuers in WA’s competitive market often means that fees well below the maximum allowed are being charged, demonstrating that there is little benefit to consumers and further cementing the case for deregulation.

“If fees were to be deregulated, there would be a provision for consumers to be provided with information about the fees being charged that would help them assess the services being offered and make an informed choice about service providers.”

Mr Newcombe said the legislation would be modelled on the deregulation of real estate and business agents in 1998.

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“This deregulation saw no adverse effects for consumers while removing the cost burden of regulation for both business and government," he said.

“Consumers would continue to be protected by the Australian Consumer Law and industry professional standards would be maintained by the licensing and codes of conduct obligations placed on settlement agents and land valuers, which will remain firmly in place, regardless of any fee deregulation.”

A position paper has been released outlining the case for deregulation and comments are invited from consumers and industry participants before action is taken on this proposal.

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