NSW Does this qualify for a REINSW complaint? (And is there any point?)

I'm a bit ****** off!
So, I've got a property on the Central Coast and my PM has been very slack as the property has been vacant since the 15th of January. That's bad enough but there is some damage and the insurance claim isn't finalised (something I also hold my PM responsible for).
Anyway, that's bad enough, but that's not the issue that I'm considering lodging an official complaint about. That started on Thursday.

So I get a call from the PM (I normally deal not with her but the senior PM), saying they've got an application for my property. They want to tell me about it and say it's an 18 year old female that works at the NDIS and a 20 year old male that's an apprentice carpenter. That's where I stop them and go "yeah, nah!" but they keep talking about how they'd make great tenants and I should sign them up.
Given that there was an open scheduled today, I say to wait until after the open.
So today, I'm concreting (doing a terrible, terrible job, but that's not really relevant) so I miss a couple of calls from a junior PM. I call back, she runs me through the people that went through the property today and they sound terrible (there's a pretty severe housing shortage on the Central Coast), like instant disqualification terrible. But she says that there's still this other application and tells me about those two again and talks them up saying how he is a carpenter and she is an aged care worker.
So I say I'll have to talk to my wife. 15 minutes later when I check my phone again, another 2 missed calls. I call her back again, she asks whether I've made a decision and if not, if I could make it before 4pm.
I ask her if the tenants would have a parent that might be able to go on the lease. She says she'll check and calls me back a few minutes after to confirm that they will. So I ask her to send me the application.
She emails it through from a private email address and something seems strange, but I can't put my finger on it. Then I realise that the name on the application is the same name as the junior PM that I'd been speaking to.
At this point, I'm not happy, I feel like I've been deceived. I call the junior PM back and ask her about it. She's like "Oh I thought you knew, I thought the PM told you". The PM had not told me and the whole time the junior PM is talking about herself in the third person. I also question why it says she works for the NDIS when she's working as a junior PM. She's saying it's her last day and she's changing as she's making $11.31 there (is that legal?) and will be making $3x/hour.

I then call the senior PM and ask him what's happening. Of course he's not aware of me not knowing about it. I ask him whether he was at the open today, he says no, the junior PM was (massive conflict of interest there, in my opinion).

So I'm really not happy with the situation! If you were in my shoes, would you lodge a REINSW complaint and is there any point in doing so?

Can you please also confirm that I'm not overreacting?

Sorry about the wall of text!

 

hmmm .. cant see you can win-win either way maybe get a new PM?

 

I'm sure someone on the forum can point you to a new PM.

 

They are an industry body. I would think they have a conflict of interest and wouldn’t be too ‘hard’ on their members.

 

I don't have a solution but that's some dodgy *** stuff, and getting compensation would be not possible as you haven't lost anything financial

 

REI is an employers' organisation - they look after their members, they have no disciplinary powers.

You will need to lodge a complaint with the Office of Fair Trading.

Check whether the applicant/Jnr PM has a certificate of registration (If she doesn't lodge that as a complaint as well - dealing with property without the appropriate qualification).

 

Complaining to the REINSW would be like complaining to your mother about your brother, pointless!

 

^ Likewise, they look after their own ...

 

Tell the junior PM to bugger off and find another property. Do this on the agents Facebook page.

I reckon she would have stifled attempts to rent your property to anybody else.

 

That's incredibly dishonest- not okay.

I'd make a complaint to the Office of Fair Trading.

 

hmmm....the junior PM was being underhanded.

I can recommend a brilliant PM on the Central Coast if you like. Feel free to let me know if you'd like that.

 

Any update to this OP?

You should really change PMs after that experience. That was a direct conflict of interest and unethical.

 

On the other hand….

Given they are a Pm, and will be living in your place - imagine the leverage you would have to make sure that they pay the rent.

Also, do you think they would trash their name and damage your property?

Sure it’s underhanded, but I actually think it plays into your hands to be honest

 

For any complaints regarding non-dislosure, conflict of interest etc you'd be best off contacting Fair Trading NSW to lodge a complaint here, as they are the regulator for the RE industry. REINSW are a membership body and, as such, are not equipped to deal with consumer complaints.

What the agent has done is unethical and dishonest. That much is clear. If you have an interest in a property you are selling/leasing on behalf of a principal you have an obligation to disclose the nature of any related or beneficial relationships and be transparent. You, as the principal here, have the right to know about such relationships. The PM, however, sounds young and potentially untrained and unaware of the legislation here and the potential ramifications. She's also right in that her pay rate is pretty shabby, even for an 18 yr old: see here P.A.C.T Home - v0.1.106
(It's $12.78 but still ridiculously underpaid IMHO)

Relevant leg here (Rule 11) and more info here on FT NSW
Good luck and I hope you get a more competent PM and good tenant soon.

 

I would immediately terminate the agency.
And lodge complant concerning the agency and its unethical behaviour. And why the tenant would be calling you. Who works there.

Important you sit down and record your recollections in writing now. Try to quote specific names, squence of discssions etc, take shots of phone call history etc as this helps too. and what each party said. Easy to get foggy later.

Find a different agency. Speak to the principal licensee and ask they confirm they agree to terminate agency. In writing. Dont mention a complaint.

 

This is a bizarre and tricky situation. No, you're definitely not overreacting - the junior PM was hiding info about her interest in the situation and it wasn't right for her to be at the open as a PM if she's applying as a tenant. However, not sure if there's much you can do apart from terminate the agency and give them a terrible review on Google/Facebook.
There's also a possibility that the junior PM didn't understand the conflict of interest, she probably thought she was on her way out of the industry anyway. Though would you want a dishonest tenant in your property?

 

The PM also breached your right to privacy - they cannot disclose your details to a prospective tenant and if the PM used those details as a tenant, they have exceeded their authority.

 

That’s totally not on. I’m not surprised though, how much professionalism and legal knowledge can be expected of someone being paid $12 per hour…?!?! You don’t set their wages though and should be provided with much better service. Shame on the agency.

 

If it is indeed a Junior PM, where was their supervisor? Not thoroughly supervising?
In this case I would we dealing with the Responsible Person.
I hope this helps

 

Where can you get a job paying that much?

(Even my kids got more than that in retail as 14 yr olds).