Controversial Queensland property bill passes despite “groundswell” against price ban

In Parliament last night, the controversial Queensland property bill that has seen big names in real estate, such as John McGrath, arguing against the changes, passed.

The property reforms, announced in Attorney-General Jarrod Bleijie’s release, noting them an “easy sell for Queensland” have split the Property Agents and Motor Dealers Acts (2000) into separate industry-specific bills to reduce red tape for Queenslanders.

Bleijie, calling it a “win-win for everyone” and noting that it simplifies stifling regulations, listed the following key changes.

• Removing the requirement for agents to disclose to a buyer the commission the agent is receiving from the seller 
  
  
• Deregulating agents’ commissions aligning Queensland with other states 
  
  
• Maintaining the existing cooling off period of five days 
  
  
• Remove the requirement for property developers and their employees to be licensed 
  
  
• Streamlining the claim fund process to reduce the time taken to assess, decide and pay claims to consumers 
  
  
• Reducing the number of government forms and incorporate warning statements into contracts 
  
  
• Providing a simpler licencing framework for real estate agents, resident letting agents and auctioneers 
  
  
• Extending the statutory limit on lengths of appointments for a sole or exclusive agency from 60 days to 90 days 
  
  
• Reducing the number of forms requires for motor vehicle transactions 
  
  
• Providing a system for regulating debt collectors and their employees to protect consumers against undesirable practices associated with debt collection activities 

However, it was also agreed to, with some amendments, that price guides would not be allowed.

The Parliament transcript notes that the ALP’s Annastacia Palaszczuk noted to put it on the record that clause 214 prohibits an auctioneer from disclosing a price guide for an offered property.

“It is good to see that the Attorney-General was prepared to listen to the voice of reason in relation to this matter. The opposition to this proposal was enormous and the groundswell of public opinion was about to drown the government on this issue. This amendment allows an auctioneer to give information about price or price range to an electronic listings provider to establish search criteria for listing the property for sale,” she said.

“However, it still prohibits any price guide being given for a property that is to be auctioned. The opposition does not support this ban and we do not think this amendment goes far enough to alleviate the concerns that have been expressed.”

An addition to the Bill had been to clarify that an auctioneer would not contravene the section if, during the auction, the reserve price is reached or exceeded and the auctioneer tells those at the auction that the price has been met.

An amendment was then made by Bleijie to include the following in clause 216:

A real estate agent does not contravene subsection (2) (c) or (3) (b) only because a price or price range for the property is disclosed by the real estate agent to an electronic listings provider to establish search criteria for listing the property for sale on the provider’s website or other electronic medium.
(3B) However, subsection (3A) applies only if the real estate agent is satisfied on reasonable grounds that—
(a) the electronic listings provider will list the property for sale on the website without disclosing the price or price range; and
(b) the listing will include any statement prescribed under a regulation

The bill was passed with amendment last night.

The bill was created heavily in conjunction with the Real Estate Institute of Queensland's Anton Kardash and has had John McGrath voicing his opposition loudly, arguing that the change defies common sense.