{"id":6233,"date":"2015-11-02T08:00:39","date_gmt":"2015-11-01T21:00:39","guid":{"rendered":"http:\/\/realestatetalk.com.au\/?p=6233"},"modified":"2015-11-02T08:00:39","modified_gmt":"2015-11-01T21:00:39","slug":"underquoting-crackdown","status":"publish","type":"post","link":"https:\/\/channels.realty.com.au\/realtytalk\/underquoting-crackdown\/","title":{"rendered":"Underquoting crackdown"},"content":{"rendered":"

Originally published in the\u00a0November 2015 issue of Australian Property Investor magazine<\/a>.<\/em>
\nAn act of underquoting is said to take place when a real estate agent understates the estimated selling price of a property when marketing it. Legislation covering the issue varies throughout the country (and is non-existent in some states), and there\u2019s also a great deal of debate and confusion about how far the problem stretches and what can be done.
\nThe subject has been all over the news headlines this year, particularly in New South Wales where several agents have been hauled before the courts, including Bresic Whitney, accused of advertising two properties \u2013 one in Double Bay and one in Surry Hills \u2013 at prices below the written estimates given to sellers. While the results of this case have yet to be finalised at the time of print, agents breaking the rules in NSW face fines of up to $22,000.
\nInterestingly, in the state of Victoria it\u2019s extremely hard for an agent to actually break the rules, thanks to a legal loophole allowing vendors to set a reserve price on the day of the auction itself, effectively reducing the status of any earlier amounts suggested to simply initial appraisals that agents can\u2019t be held accountable for.
\nAt the other end of the legislation scale is South Australia, where vendors must specify exactly what price they\u2019re looking for, which can prove restrictive to sellers. In the hazy middle ground sits Queensland, where agents are unable to offer buyers a price quote at all if selling by auction, leaving many completely in the dark.
\nReal Estate Institute of Queensland CEO Antonia Mercorella believes the sunshine state\u2019s process helps prevent some of the issues seen in other states.
\n\u201cUnderquoting\u2019s a problem for other states that we don\u2019t seriously face in Queensland,\u201d she says, \u201clargely due to the success of the Property Occupations Act<\/i> (2014), which limits agents from revealing indicative prices ahead of a property\u2019s auction.
\n\u201cThis is the point of difference in the legislation between Queensland and the southern states and it serves to keep the auction process transparent and honest.
\n\u201cWe can see, in the 10 months since the introduction of the Act, that the legislation\u2019s succeeding in protecting the interests of the consumer, and of the profession.
\n\u201cThe proof is in the pudding,\u201d Mercorella adds. \u201cIn Queensland, we\u2019re not aware of any underquoting prosecutions since the introduction of the new legislation.\u201d
\n\"API-Feature-NOV15-Underquoting-3\"
\nA curious problem<\/b>
\nFor Miriam Sandkuhler, director of Victoria buyers\u2019 agency Property Mavens, it\u2019s an ongoing issue and a major one, too.
\n\u201cUnderquoting wastes time, money and the emotional energy of buyers who expect to pay a certain price and are blown out of the water at auction,\u201d she says.
\n\u201cUnderstandably, many buyers are simply unwilling to trust estate agent quoted prices provided prior to auction. While some agents don\u2019t agree with change, the public abhor the lack of transparency and misleading practices that some agents use, to the detriment of all other agents and consumers.\u201d
\nSandkuhler finds the reason behind the concept \u2013 to stimulate false hope among buyers in order to increase bidder numbers at auctions and therefore create an impression of competition \u2013 incomprehensible.
\n\u201cIf common sense prevailed, agents would quote accurately to attract those who have the funds to buy the property at auction, rather than attracting buyers who don\u2019t have the money the vendor\u2019s seeking,\u201d she says.
\n\u201cSadly, common sense isn\u2019t that common and agents foolishly think that consumers can be fobbed off by saying substantial price variances are merely the result of a hot market or foreign investment.\u201d
\nWhile there may of course be some truth to this \u2013 all the experts I spoke to pointed to the fact that, particularly in the hot markets of Sydney and Melbourne right now, there are occasions when bidders are pushing prices way beyond any sensible predictions \u2013 it\u2019s certainly not always the case.
\nA dead giveaway that deliberate underquoting has taken place is when the price quoted is reached during an auction and the property is not put on the market, often being passed in at well over the supposed minimum.
\n\u201cIt particularly annoys buyers who\u2019ve paid for building, pest, strata and valuation inspections,\u201d Empire buyers\u2019 agent Chris Gray explains, \u201cas it might cost them $300 to $1,300 and they don\u2019t even get to bid at auction.\u201d
\nNevertheless, he says, it\u2019s still worth doing three or four sets of reports: \u201cEven if it costs you $5,000, as it\u2019s a fraction of the purchase price it protects you from overpaying or buying into a strata or building with $50,000+ problems.\u201d
\n 
\nDon\u2019t be silent<\/b>
\nIf you suspect an agent has been deceptive with his prices, Sandkuhler says it\u2019s important to speak out.
\n\u201cFormally complain to your local authority and, importantly, your local member of parliament,\u201d she advises. \u201cConsumer Affairs Victoria and NSW Fair Trading only receive 200 or so formal complaints a year, so government is slow to act and change legislation.
\n\u201cIf they and your local member were to be bombarded with thousands of complaints a year, they\u2019d take it far more seriously and take faster action.\u201d
\nTake care with your complaints, however. As Gray points out, it can be unwise to get agents offside.
\n\u201cIf you shout and scream at an agent and stand up for what\u2019s right, then unfortunately the agent will be very wary of you and probably won\u2019t deal with you again, so it\u2019s very hard for buyers to do anything.\u201d
\nOne thing you can do is simply ignore whatever price the agent is quoting, undertake your own due diligence, and find out for yourself what the property is worth, using comparable sales as well as making the most of the wealth of online data available.
\n\u201cLooking at recent relevant and comparable sales of no older than two to three months will give you a more accurate picture of what to expect at auction,\u201d Astute Buyers Advocates\u2019 David Melatti says.
\n\u201cOf course, you can never predict a runaway auction, with homebuyers\u2019 emotions, frustrations and ego all kicking in, especially whipped up by an expert auctioneer.
\n\u201cEmotionally detaching yourself from the process is crucial,\u201d he adds. \u201cSelling agents are trained in the field of emotional intimidation!\u201d
\n\"API-Feature-NOV15-Underquoting-2\"Mercorella takes a similar stance on the subject of background work.
\n\u201cUltimately, it comes down to doing your homework and being prepared,\u201d she says. \u201cLook into similar recent sales in the area and let those prices be your guide.
\n\u201cIf your agent can justify the price guide with facts and figures, and if you\u2019ve really researched the area well, it\u2019s unlikely to be an issue.\u201d
\nMetropole\u2019s Michael Yardney also suggests that putting in the hard yards is critical.
\n\u201cSearch the internet, attend auctions, speak with a variety of estate agents and monitor auction results,\u201d he says. \u201cSee what the final selling price is and how it compares to the quoted price range before auction.\u201d
\nHe also advises buyers to be realistic: \u201cUse the agent\u2019s estimated selling price as a guide only.\u201d
\nVeronica Morgan, principal of Good Deeds Property Buyers and co-host of Location Location Location Australia<\/i>, believes that everybody plays a part in the problem of underquoting.
\n\u201cI think buyers play a part as well,\u201d she says. \u201cBuyers expect<\/i> properties to be underquoted. So an agent that does quote accurately… the buyers look at them with suspicion and say, \u2018Well, I\u2019m not going to pay x per cent more than that\u2019 for that property, so they don\u2019t go taking contracts and doing their due diligence, and they don\u2019t turn up to auction.
\n\u201cThen it doesn\u2019t sell, it gets advertised at a reasonable price, and they all race to it and fight over it the week after it goes to auction. I\u2019ve seen this happen so many times, because they assume every agent\u2019s the same, and they don\u2019t make their own mind up.
\n\u201cThen you get other agents that underquote, and everyone thinks \u2018Okay, 10 per cent onto that, I\u2019ll pay that\u2019.
\n\u201cIt\u2019s a tough one. You do get the agents trying to do the right thing and they\u2019re not always doing the right thing by their vendors.\u201d
\nAgain, Morgan says your own research is key.
\n\u201cBuyers have to make their own mind up in terms of what a property\u2019s worth. There\u2019s no point walking through an open house and hoping the agent\u2019s going to tell you what it\u2019s going to sell for… their goal is to generate competition, build interest in the property.
\n\u201cFor a buyer to take an agent at face value, they\u2019re being naive at best, irresponsible at worst.\u201d
\nHaving seen the scenarios played out, Morgan has some pretty tough words.
\n\u201cTo be quite frank, [a lot of] buyers go to auction with wishful thinking, without having really done their due diligence on the topic,\u201d she says.
\n\u201cThey go there and they get cranky with the agent, and I think \u2018what were you doing taking advice from the selling agent who\u2019s looking after the vendor anyway?\u2019
\n\u201cThe selling agent\u2019s selling the property, not looking after your interests. They\u2019re just trying to get you to buy it. You\u2019ve got to take responsibility for your own decisions.\u201d
\n 
\nTake control<\/b>
\nOne sure-fire way to take control in this situation is to engage an experienced buyers\u2019 agent to act on your behalf. After all, if the vendor is paying someone several thousand dollars to get the best price for his property, it makes sense for you to pay someone to work for you, making the most of their industry knowledge and expertise.
\n\u201cI\u2019ve had clients attempt to buy themselves yet continually miss out over a six-month period, while prices rose $100,000 during that timeframe,\u201d Sandkuhler says. \u201cMy fee to help them finally secure a property in this instance was only $11,500, so it can often be false economy to think that by doing it yourself, without professional help, you\u2019re saving yourself money.
\n\u201cIt can in fact cost you more.\u201d
\nAs buyers\u2019 agents can act for you on auction day, it can really pay to have one handling your bidding, too.
\nMorgan recalls observing someone acting alone at an auction, and letting her concentration slip.
\n\u201cI was at an auction last July for a property in Dulwich Hill,\u201d she says, \u201cand it was so insane. I opened the bidding at $50,000 over reserve, thinking that that would be a strong bid trying to knock most people, if not everybody, out, and the next bid was $50,000 on top of mine!
\n\u201cI watched as two other bidders took it another $165,000. Then the last bidder, the person who bought it, just as the hammer was about to fall, she increased her own bid! She was so not paying attention.\u201d
\n\"API-Feature-NOV15-Underquoting-1\"Whether you opt for representation in the process or not, it\u2019s clear that learning all you can about a property\u2019s worth can protect against the scourge of underquoting.
\nAs for the legalities of the situation, the states where the problem is most prominent \u2013 Victoria and NSW \u2013 can certainly be said to be making an effort. A working party has been formed comprising the Real Estate Institute of Victoria and other interests, with a view to working out the best way forward (i.e. whether legislation needs to be introduced). Consumer Affairs Victoria is also currently investigating several agents for the practice of underquoting.
\nOver the border, NSW Fair Trading announced new guidelines in May outlining agents\u2019 responsibilities under the Property, Stock and Business Agents Act 2002<\/i> when selling property. It also recently issued a new Underquoting Property Prices<\/i> guideline, and is working with industry members to finalise new rules. A new real estate division of NSW Fair Trading has been established, which Real Estate Institute of NSW president Malcolm Gunning has welcomed.
\nIn the past, Gunning has been harsh in his criticism of the state government\u2019s handling of underquoting, describing it as \u201cineffective\u201d and saying: \u201cThe industry has been tarnished by Fair Trading\u2019s failure to properly understand and address the problem.\u201d\u00a0 api\u00a0<\/b>
\nOriginally published in the November 2015 issue of Australian Property Investor magazine<\/a>.<\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

One of the biggest bugbears with the real estate industry is the issue of underquoting. How much of a problem is it, and what can people do to protect themselves?<\/p>\n","protected":false},"author":176692471,"featured_media":6237,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[13,25],"tags":[70],"class_list":["post-6233","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-latest-story","category-sponsored-channels","tag-featured"],"yoast_head":"\nUnderquoting crackdown - Realty Talk<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/channels.realty.com.au\/realtytalk\/underquoting-crackdown\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Underquoting crackdown - Realty Talk\" \/>\n<meta property=\"og:description\" content=\"One of the biggest bugbears with the real estate industry is the issue of underquoting. 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