Property Marketing

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There’s nothing quite like beginning the search for a new home to invoke almost all the emotions that we have - anxiety, excitement, frustration, fear and sheer joy!

For the typical home buyer, the home buying process can take anywhere from six to eighteen months; from research to making a decision and finally settlement. With the range of emotions that your buyer goes through, they will value and appreciate a sales agent who will ease the way throughout their buying journey.

If you can be this guide for them, you not only have one happy customer, you’ll have ongoing referrals and a successful sales process that can extend to the rest of your team. Sounds like more work? It’s actually less work. It’s about working smarter, not harder simply by having the right data. When you have visibility about who’s on your website, what they’re looking at, and when they’re looking at it, you’ll provide a better experience to your customer, right from the start.

<h2>90% of research about a property is done online</h2>

People will do 90% of their research online before they pick up the phone or send an email to connect with an agent. That equates to many hours online, researching suburbs, new estates, developer history and credentials, house and land options, and more.

A typical home buyer will go through four stages when buying a home:

1. Developing awareness 
2. Researching options 
3. Making a decision

And it doesn’t stop there. Even when a prospect becomes a customer, they still need care and attention to get them comfortably through the fourth phase:

4. A smooth settlement

Your job as an agent doesn’t stop until the very end. Understanding your potential customer’s buying journey gives you a competitive edge, and puts you in a better position to look after them at each stage through to the final sale.

<h2>Developing awareness</h2>

At this very early stage of the buying journey, people have made a decision to start looking for a home. If they’re looking for a house and land package, they’re probably asking questions like:

- Where do we want to live? 
- Which suburbs are close to work and school for the family? 
- Is this a good time to buy a property?

They’ve come across your website online during their initial research, or your development while driving by, but unlikely to reach out and connect with you. At this point, they’re still thinking about where they want to live.

<h2>Researching options</h2>

Once they’ve answered the questions above, they want more specific information.

- Will the suburb grow in value? 
- What’s the value of property in the area? 
- What are the people like living here? 
- What schools, shops and transport options are there? 
- How close will we be to family, friends and work?

They may register with your website to find out about upcoming property. They may call you to ask more questions. When they do connect with you, remember they’ve done most of their research already and you’ll be the most helpful by being able to offer specific properties to suit their needs. They don’t want to be taken through the whole “research” process again.

<h2>Making a decision</h2>

At this point, the potential buyer wants to make a decision. They’ve probably received pre-approval for finance, so they know how much they can spend. They’ve chosen the suburbs they like and shortlisted the developments they prefer.

At this stage, they’re asking questions like:

- Am I paying market value for this property? 
- How much do I offer for this home/package? 
- Who am I competing with? 
- Does this development have titled lots? 
- How easy will settlement be with this developer? 
- What else is happening in the area I need to be aware of? 
- How long until settlement?

By this time, you’ll have gathered plenty of data about your prospect and what they want in a home. You’re in a position to offer a final selection of homes/packages that matches what they’ve been looking for. You know this because you’ve got sophisticated analytic tools on your website which give you up to the minute business intelligence about your buyer’s journey.

<h2>Finalising settlement</h2>

The time between finalising the transaction and settlement is just as important as any other part of the transaction, as any seasoned real estate agent would know. It’s an opportunity to cement the relationship and guide the process to a smooth settlement, whether that’s three months or one year down the track.
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Olivia Round

How much do you know about your customer’s home buying journey?

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GUEST OBSERVATION
Imagine you have just bought a home. You have moved in and, during a friendly chat with the neighbours, you find out the property had been the <a href="https://www.propertyobserver.com.au/https://www.abc.net.au/news/2018-07-07/what-is-stigmatised-property-and-what-are-your-rights/9911608">scene of a serious crime</a> or <a href="https://www.aicnsw.com.au/our-dream-house-was-a-meth-lab/">used to manufacture</a> methamphetamine.
How would you react? Is this something you would want to have known prior to the sale? If you had known, would this have affected you decision to buy the property? And was the real estate agent or vendor <a href="https://www.domain.com.au/news/what-do-agents-have-to-reveal-about-a-home8217s-history-20170810-gxcm5k/">under any obligation</a> to let you know?
In most cases, the answer is (somewhat surprisingly to buyers) “no”. However, amendments to Victoria’s Sale of Land Act 1962 <a href="https://www.consumer.vic.gov.au/latest-news/sale-of-land-changes-in-effect-legislation-update">have now broadened the matters</a> that must be disclosed to buyers prior to a sale, including where a serious crime has occurred. Renters who find they have entered into a stigmatised property must resort to the consumer protection laws discussed below.
<h2>Why were the laws required?</h2>
The ancient doctrine of caveat emptor (let the buyer beware) still impacts on real estate transactions. It means the buyer bears the responsibility of making their own enquiries about the property.
Property inspections are usually confined to the physical condition of the property. While it would be possible, at least theoretically, to arrange for a person to investigate its “background”, this can be a difficult process, especially if such information is concealed or hard to come by.
As a result, each state and territory has introduced laws that provide for some level of disclosure to the buyer during the conveyancing process. The extent of disclosure required and the nature of matters that must be disclosed varies from jurisdiction to jurisdiction.
Furthermore, section 18 of the Australian Consumer Law <a href="http://classic.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2#_Toc32223214">considers conduct</a> as misleading or deceptive where a matter is not disclosed but, in the circumstances, there is a reasonable expectation it would be.
The problem is that while disclosure may be required in matters involving, for example, a structural fault or a road-widening proposal, such information is confined to physical issues affecting the property.
However, what happens when the matter involves not a physical defect but a psychological or stigmatising one, such as a murder, for example? Such information may be of considerable importance to potential buyers who, for personal or religious reasons, would find living in a property where such an event occurred intolerable. On a more mercenary note, the impact on resale value of the property <a href="http://journalarticle.ukm.my/7237/1/115-293-1-PB.pdf">could be significant</a>.
<h2>The nature of ‘stigmatised’ property</h2>
Concern about the effect of stigma on property is not a recent phenomenon. Courts in several jurisdictions, including Australia, <a href="https://api.research-repository.uwa.edu.au/portalfiles/portal/1218611/3632_3632.pdf">have had to grapple</a> with buyers who had discovered, after purchase, that the property had been the scene of a serious crime or criminal activity, a suicide had occurred, persons had been suffering from certain illnesses, or a sex offender lived nearby.
In one case a young man had murdered his parents and sister in their Sydney home. The property was later sold to a young couple. After discovering the tragic events that had occurred in the home, they sought to withdraw from the sale on religious grounds.
There was a <a href="https://www.theage.com.au/national/estate-agents-fined-over-triple-murder-house-20041220-gdz86g">significant amount of criticism</a> of the real estate agent for not informing the buyers about what had occurred there. After considerable public pressure and an investigation by the NSW Office of Fair Trading, the contract was set aside.
On a more ethereal note, there have been a series of cases in the United States where buyers have sought, in some cases successfully, to have a sale rescinded <a href="http://zillow.mediaroom.com/2019-10-29-Selling-a-Haunted-House-Heres-What-You-Need-to-Know">because the house</a> was (allegedly) haunted or the subject of <a href="https://casetext.com/case/stambovsky-v-ackley">paranormal activity</a>.
<h2>Disclosure laws regarding stigma</h2>
The Victorian legislation clarifies obligations for estate agents and vendors regarding <a href="https://www.consumer.vic.gov.au/latest-news/sale-of-land-changes-in-effect-legislation-update">the disclosure of “material facts”</a>.
In summary, an estate agent or vendor cannot knowingly conceal any material facts about a property when selling land. The legislation is supported by guidelines that clarify the nature of a material fact. This includes circumstances where, during the current or previous occupation, the property was the scene of a serious crime or an event that may create long-term potential risks to the health and safety of occupiers of the land.
Specific examples include extreme violence such as a homicide, the use of the property for the manufacture of substances such as methylamphetamine, or a defence or fire brigade training site involving the use of hazardous materials. Relevant factors can include the reaction of other potential buyers to the fact, including their willingness to buy in light of the revelation.
Significant penalties and even imprisonment await vendors and real estate agents who do not comply.
<h2>Will the laws work?</h2>
As with any new legislation, we will have to wait and see how this plays out. However, some preliminary comments can be made.
First, it will be interesting to see how the term “knowingly” is interpreted. Could an agent or vendor avoid the provisions if they merely suspect an issue but do not look further into it? The term “wilful blindness” comes to mind.
Second, a fact can be material in either a general or a specific sense. The general sense seems straightforward, as it refers to information most people would consider when deciding whether to buy a property.
However, how serious must a crime be to be material? What if the situation involves cultivation of marijuana rather than a more egregious substance?
More complex is where a material fact may be of importance to a specific buyer but not buyers generally. For example, in the case discussed above, the buyers’ religion made it impossible for them to live in a home where a violent murder had occurred. In this case, the onus seems to be on the prospective buyer to ask questions about matters of concern to them.
<h2>What now?</h2>
Although one suspects that buyers of an allegedly haunted house might not succeed under this legislation, the laws address a significant gap regarding disclosure of psychological considerations in the purchase of a property rather than the traditional physical ones.<img src="https://counter.theconversation.com/content/132766/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important; text-shadow: none !important;">
<a href="https://theconversation.com/profiles/eileen-webb-95332">Eileen Webb</a>, Professor of Law and Ageing, School of Law, <a href="https://theconversation.com/institutions/university-of-south-australia-1180">University of South Australia</a>
This article is republished from <a href="https://theconversation.com">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/when-your-house-has-a-disturbing-history-what-should-buyers-be-told-about-its-past-132766">original article</a>.
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When your house has a disturbing history what should buyers be told

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Legislation introduced to the Victorian Parliament will see real estate agents prevented from concealing known facts about a property’s past, including if it had been used as a clandestine drug laboratory.
The new rules include if the property was the site of a murder.
Agents will have to disclose unfavourable facts about a property upfront without being asked by potential buyers.
Current rules require agents and vendors to make those disclosures when asked for that information.
The tougher laws introduced to the Victorian Parliament on Wednesday.
The Sale of Land Amendment Bill 2019 will strengthens the existing requirement for vendors or real estate agents to disclose material facts about a property, and enable guidelines to detail what a material fact is likely to be (for example, a property’s past history as a clandestine drug laboratory or the site of a homicide).
“Families looking to buy also deserve to know whether a property was previously the site of a drug lab or a murder scene, and we’re ensuring that vendors and real estate agents disclose these important facts," Consumer Affairs minister Marlene Kairouz said.
“This is about improving consumer protections and restoring balance so that hard-working families can enter the property market with confidence.”
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Clandestine drug laboratory details need to be revealed to Victorian property buyers

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Off the plan apartment buyers in the Osprey development in Dee Why will have the bizarre opportunity to have a discount knocked off their purchase.
Buyers of the apartments, which range anywhere from $499,000 to $1,075,000, will spin a lottery-style wheel where they could see up to $100,000 savings on their new apartment.
The wheel has seven segments, one $20,000, three $30,000, one $40,000, one $50,000 and the $100,000 landing zone.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2018/11/30/cda0677b940c442c84e7d3623c7c6fc3.jpg" alt="">
The 123 apartment project by Gannet Developments comprises studios, one bed and media room, one bedrooms and two bedroom apartments.
Gannett have developed 10 residential apartment projects in Dee Why already.
The Osprey building is due for completion in January 2019. 
Raine &amp; Horne Projects agents Lachlan Yeates and Peter Mosedale are marketing the offerings.
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Osprey Dee Why to offer apartment discounts from bizarre lottery wheel spin

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An out of tune estate agent in Canberra has used a rather unusual marketing ploy to advertise one of his recent listings.
Ben Lewis is no Rock n' Roll Star but is an agent at LJ Hooker Kaleen.
He has tried his hand at the former and <a href="https://kaleen.ljhooker.com.au/house-in-ngunnawal-act-2913-au-1se4f9q#.Wh7i4vll-00" target="_blank">used the tune</a> of Oasis' world hit Wonderwall to describe the house.
He opens with: "Today is gonna be the day that I'm gonna show this home to you. By now, you should have some how realised that its right for you." 
The home in Ngunnawal, a suburb in the district of Gungahlin in Canberra, is also advertised on its listing as 'Wonderwall in Ngunnawal'.
Again with a nod to the famous Manchester band, the home was described as being located in "Ngunnawal's oasis".
The three bedroom home has two living areas, a garage and a backyard.
Property Observer is not sure if the trend of appropriating Oasis tunes to spruik houses will catch on All Around the World, if it will Live Forever or simply Slide Away. 
Some Might Say  to Ben: Hey Now, we'll Roll With It. 
Don't Look Back in Anger, we appreciate the effort.
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Off-key marketing for ACT home sees agent singing Oasis' Wonderwall to home features

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The $1.3 billion, 88-level Gold Coast tower, Spirit, is surrounded in doubt after arrangements on its local marketing collapsed.
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Real estate agency The Agency is no longer working with Chinese conglomerate Forise Holdings to sell apartments at the Surfers Paradise project, highlighting a growing trend of fraying Chinese-Australian partnerships.
Forise had already launched the project in China but Australia was slow to launch, Fairfax Media noted.
When completed in 2020, Spirit will be the second tallest tower on the Gold Coast.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2017/11/29/Spirit2.jpg" alt="">
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<a href="http://www.eastview.com.au/projects/show/?i=66" target="_blank">The tower</a> will eventually yield 479 beachfront apartments.</div>
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Forise bought the 3494sq m Sprit tower site, once home to the Iluka tower, for $65 million in 2015.
After receiving approvals first in 2015 and then in 2016 after a downward adjustment in apartment numbers, the group unveiled the 285-metre tower, exclusive to The Australian Financial Review.
The Agency's Steven Chen said the star attraction at the tower would be the entire floor 1000-square-metre penthouse expected to fetch about $30 million.
The completion of the 479 luxury units is scheduled for 2020.
Designed by architects DBI, it will have three floors of recreational areas as well as an infinity edge swimming pool.
 
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Spirit, Surfers Paradise marketing setback

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A Ray White Perth real estate agent is holding a 24-hour open home this weekend at not one but three multi-million dollar apartments - simultaneously.
The marathon open home even will kick off at 2pm Saturday and is being hosted by Brent Compton.
The <a href="https://www.propertyobserver.com.au/https://raywhitecityresidentialperth.com.au/properties/residential-for-sale/wa/east-perth-6004/apartment/1607630" target="_blank">11 Brown Street</a> units in East Perth are new waterfront apartments.
The apartments range from $6.25 million to $8.5 million. Features include three king size bedrooms, 3 metre high ceilings, home cinema, wine cellar and custom built home office. 
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2017/10/11/PerthFHB2.jpg" alt="">
“I am definitely the first Ray White agent to do this in Western Australia,” Compton said. 
He says he has 16 years of real estate experience.
<img src="https://res.cloudinary.com/dz9xllyip/image/fetch/c_scale,w_580,q_auto:good/https://s3-ap-southeast-2.amazonaws.com/po.images/2017/10/11/PerthFHB2.jpg" alt="">
“I must say that I have never fallen asleep during an open home yet but I cannot promise that record will still stand after the weekend,” he said.
“I’ve got a wonderful team behind me who will bring me food, coffee and Red Bull. I might even talk to Daniel Riccardo about a Red Bull sponsorship.”
Compton is expecting his creative marketing will add interest.
“The properties we are doing this for are unbelieveable. These apartments are all FIRB approved and start from $6.25 million,” he said.
“Mardalup is the most extraordinary riverside development ever to be built in Perth. These apartments are all over 500 square metres which is bigger than the block that my own house is on.”
There are five palatial residences in this development which showcases world class interiors by Maria Monaco.
The apartments look across to the soon-to-be opened, new 60,000 seat Perth stadium, plus take in views of the new 6 star Crown Towers resort. 
In 2018, East Perth will be connected with the new stadium and casino by a suspension footbridge.
“We have three waterfront apartments available, each unique in colour scheme, but all equally spectacular and appealing to any astute buyer looking for long term growth and absolute comfort in an irreplaceable waters edge location,” Compton said.
“Everyone is welcome. I don’t mind if someone doesn’t have millions of dollars to spend. I’d still be very happy to show them through and to have a chat.
“The 24 hr open home allows for zero excuses for any serious potential buyers to come through. You could set off from Broome at the start of the open home and still make it in time to view to apartments.”
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Perth agent to hold a 24-hour open home

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These Guidelines have been issued by the Commissioner for Fair Trading and apply to all agents licensed under the Property, Stock and Business Agents Act 2002. 
They are intended to assist agents when publishing photographic advertisements. Photographs are an influential selling tool in the home property market whether in print or on the internet. Photographs are used by agents in property advertisements, in addition to descriptive words and phrases, to help create a picture in the mind of the prospective buyer. A beautiful photograph of a house, its unique features, its views, and its surrounding local area can immediately draw in many potential buyers. It is often said that ‘a picture is worth a thousand words’. Real estate agents should be mindful when using photographs in a real estate advertising campaign as visual communication must ensure the message is not misleading. Consequently, these guidelines have been developed by the Office of Fair Trading to assist agents in publishing acceptable photographic advertisements which convey accurate information for the property buyer and leave the buyer with the ‘right impression’. As the real estate industry becomes more competitive more photographs are used to advertise the sale of a house. Often several photographs of indoor and outdoor settings are used in the one advertisement which may leave some consumers uncertain or unclear about the pictures they see in the photographs. For example, where a single photograph in the property section of a local newspaper featuring a magnificent beach view is used, it may be unclear to consumers whether this view can be seen from the property being offered for sale or whether the beach is nearby. Without any labelling on the photographs themselves consumers will be left with uncertainty about the image they see. 
<h5>The law</h5>
Section 51 of the Property, Stock and Business Agents Act 2002 forbids a licensee in the course of carrying on their business from publishing or causing others to publish any statement that:
<ul>
<li>is intended or apparently intended by the licensee to promote the sale or lease of any property, and</li>
<li>is materially false, misleading or deceptive (whether to the licensee’s knowledge or not).</li>
</ul>
A statement is published if it is: 
<ul>
<li>in any newspaper, periodical publication or other publication, or</li>
<li>publicly displayed in, on, over or under any building, vehicle or place (land or water), or in the air in view of persons on any street or public place, or</li>
<li>in any document sent or delivered to any person or thrown or left at premises occupied by a person, or</li>
<li>broadcast by radio or television, or</li>
<li>circulated on an internet website or by electronic mail.</li>
</ul>
Penalties apply for breaches of the provision of section 51 of the Property, Stock and Business Agents Act 2002. The maximum penalty is 200 penalty units – presently $22,000.   Section 51 of the Property, Stock and Business Agents Act 2002 applies in addition to other legislation that relates to misleading or deceptive conduct and false representations, including the Fair Trading Act 1987. Section 42 of the Fair Trading Act 1987 states that a person shall not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive. Section 45(1)(b) of the Fair Trading Act 1987 provides that a person shall not, in trade or commerce, in connection with the sale or possible sale, of an interest in land or in connection with the promotion of the sale of an interest in land make a false or misleading representation concerning the nature of the interest in the land, the price payable for the land, the location of the land, the characteristics of the land, the use to which the land is capable of being put or may lawfully be put or the existence or availability of facilities associated with the land. Penalties apply for breaches of section 45 of the Fair Trading Act 1987. The maximum penalty in the case of a person is 200 penalty units – presently $22,000 and for a company is 1000 penalty units – presently $110,000. 
<h5>False, misleading and deceptive statements</h5>
A statement is taken to be false or misleading if it has a reasonable tendency to lead to a belief in the existence of a state of affairs that does not in fact exist, whether or not the statement indicates that the state of affairs does exist. Misleading or deceptive conduct is a concept that has been broadly interpreted judicially. Conduct is misleading or deceptive if it is likely to lead a reasonable or ordinary member of the class of persons to whom it is directed into error. Misleading conduct can include acts of silence or omission. Conduct can be misleading even if the agent does not actually make any representations. It is not relevant whether the agent actually intended to mislead anyone to establish liability. What is relevant is the overall impression created by the conduct and its actual or likely effect on reasonable or ordinary members of the target audience (prospective buyers). Any type of conduct related to the photographic advertising of real estate that could give a consumer the wrong impression may potentially breach the Property, Stock and Business Agents Act 2002 and the Fair Trading Act 1987. Agents must ensure that any claims made about any property or land characteristics in any photographic representations and advertising are accurate and could not give prospective buyers the wrong impression. Statements made in conjunction with photographs of the views and facilities available in a local area must not be false or misleading. Examples of undesirable photographic property advertisements which currently appear in newspapers, real estate publications and on the internet include: 
<ul>
<li>a photograph of a water view or scenery, placed next to a photograph of a house, makes it difficult to ascertain whether the water view or scenery can be seen from the house or whether the photograph is a ‘location shot'</li>
<li>a photograph of a beach scene with the wording ‘minutes to this!’ typed above the photograph does not give a clear indication of the distance from the property to the beach shown in the photograph</li>
<li>a photograph of a park and beach with the wording ‘opposite home’ where, in fact, this view cannot be seen from the property</li>
<li>a photograph of a house placed next to a photograph of a beach with the wording ‘stroll to beach’ printed underneath the photograph does not give a clear indication of the distance from the property to the beach</li>
<li>a photograph of a beach with the wording ‘90 seconds walk to waters edge, not actual view’ printed at the bottom of the photograph needs more clarification</li>
<li>a photograph on the internet of a beach with the wording ‘100 metres from beach’ printed at the bottom of the photograph needs more clarification.</li>
</ul>
The photographs and wordings in the above examples are likely to mislead, give the wrong representation or be unclear to any person relying on the photographs to give them an image of the property being offered for sale. The ‘touching up’ of photographs that appear on internet websites which promote the sale of real estate is also of concern. Photographs of properties which have been touched up to hide undesirable characteristics or enhance other features could mislead consumers. Accordingly, agents must ensure that photographs are not used in a manner that may lead to implied representations that are false or involve misleading or deceptive conduct. Real estate agents must not: 
<ul>
<li>modify or allow to be modified photographs of properties so that the images no longer truthfully and fairly represent that property</li>
<li>change the appearance of a property by digitally removing or adding features, but adjusting the lighting slightly to compensate for poor lighting on an overcast day may be acceptable or</li>
<li>zoom in on a photograph of a view which can be seen from the property to make that view appear closer.</li>
</ul>
The modifications to photographs described in the above examples are likely to be misleading or deceptive.
<h5>The use of labelling to clarify meaning</h5>
Accurate labelling of photographs used in property advertisements could eliminate any doubt in a consumer’s mind about what they actually see in a photograph. Some examples of acceptable practices in photographic advertisements which Fair Trading suggests agents use are: 
<ul>
<li>a photograph of a water view which has been taken on the property being offered for sale does not require any labelling</li>
<li>a photograph of a water view which has not been taken on the property being offered for sale, but is within the immediate area, should have printed on the photograph ‘location shot’</li>
<li>a photograph of a parkland or bushland which has been taken on the property being offered for sale does not require any labelling</li>
<li>a photograph of a parkland or bushland view which has not been taken on the property being offered for sale, but is within the immediate area, should have printed on the photograph ‘location shot’.</li>
</ul>
Note: The term ‘location shot’ should only refer to photographs of facilities and services within the immediate surrounding area of the property being offered for sale, such as, a park, playground, beach, shopping village, café scene or other facility. Generally, the scene in the photograph labelled as a ‘location shot’ cannot be seen from the property being offered for sale, and was not taken on the property itself. Therefore, the most accurate description to print on the photograph would be ‘location shot’. It is suggested that any photographs taken on the property itself to be used in real estate advertising do not require labelling. Accordingly, only photographs not taken on the property itself, but within the immediate surrounding area, will require the labelling ‘location shot’. Photographs of the property (outside and inside photographs) that is being offered for sale which are for illustration purposes must not be misleading. The touching up of photographs would be considered misleading. Further, the Australian Competition and Consumer Commission’s guideline ‘Fair and square - A guide to the Trade Practices Act for the real estate industry’ advises that vague statements about the location of land are likely to be misleading under the Trade Practices Act 1974. Only factual information about the location of land or property should be used. The following examples show what wording would also be acceptable to use in the description of a property to supplement the photograph/s: 
<ul>
<li>"2 km to beach” is preferable to “close to beach”; and</li>
<li>“village shops 3 km” is preferable to “within walking distance of shops”.</li>
</ul>
All efforts should be made by agents and their employees to provide an accurate picture or impression in the consumer’s mind of the features of the property being offered for sale. Agents cannot avoid liability simply by claiming that the buyer or consumer should have made reasonable enquiries and checked the information provided. Agents are responsible for their words and actions in their dealings with their clients.
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Property 101: Property photos and rules in NSW to avoid misleading buyers

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GUEST OBSERVER
There is no denying it: people around the globe have been gripped in a pandemic. It’s called the Pokemon Go craze, and it affects anyone from the age of five up to 50, taking over their smartphones to entice users on a journey around real landmarks and suburban streets in search of fictional Pokemon characters.
It’s augmented reality, but not as we’ve ever seen it before. Gamers can purchase ‘lure’ tools (with real money) to aid their quest and businesses are cashing in, too, creating Pokemon GO events and collaborating with the game’s creator, Nintendo to pay to have their business shop-fronts listed as Poke-gyms for users to train and strengthen their Poke-pack. 
But while many academics are lamenting the downfall of the world as we know it, the gamification of consumer habits also presents an exciting new frontier for businesses all over the world, particularly for the property and real estate industry. 
Already savvy agents are using the Pokemon craze to help attract tenants to rent properties and buyers to auctions – but the real opportunities lie not in the game itself, but what this new technology means for the future of real estate marketing and sales. 
Take the property and real estate industry for example. Just imagine the possibilities – when prospective buyers purchase a new home off-the-plan in a residential community, not only can they walk through the floor plan of their as-yet-unbuilt apartment (there are plenty of virtual reality providers already offering this service) but imagine taking it one step further and allowing these purchasers to walk the streets, step inside all the planned amenities and buildings, even have a virtual coffee in a virtual café – all from their mobile phone. 
Now imagine overlaying avatars - being other prospective or recent purchasers - as superimposed into a virtual blueprint of their future neighbourhood, and enabling buyers to meet and greet each other the virtual streets and even start conversations via messaging services – all from a smartphone App without leaving the comfort of their living room. 
There are also endless opportunities for collaborations – imagine developers working with interior designers or furniture retailers to offer virtual plug-ins so users can view how different furniture pieces will look in their home, then use third party APIs to enable purchasing of their favourite package for delivery in line with their new home reaching completion. 
The advent of this new technology presents an incredible opportunity for marketers to enhance the user experience and create ‘virtual communities’ that are tangible and real. 
It also opens up a swathe of opportunities to sell into different markets, as inspections can comprehensively be experienced from an augmented reality App. 
If Pokemon GO has taught us anything – apart from where Pokemon gyms are located and which Pikachus are harder to find, it’s that we have just entered into a new era of the gamification of buyer behaviours. Who knows just where it will take us but the pressure is now on property developers and agents to see who gets there first. 
Colin Lee is national sales director, Australian Properties International and can be contacted <a href="https://www.australianproperties.com" target="_blank">here</a>.
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