Fletchers Balwyn facing underquoting allegations in Federal Court

Consumer Affairs Victoria has commenced proceedings in the Federal Court of Australia against a Balwyn real estate agency for allegedly engaging in misleading and deceptive practices relating to the sale of land.

The real estate agency Fletchers (Balwyn) is alleged by Consumer Affairs Victoria to have done so during 2015.

It is alleged Fletcher & Parker (Balwyn) Pty Ltd marketed properties in Melbourne’s eastern and south-eastern suburbs knowing the vendors would not sell for a price within the listed range, or that the properties were unlikely to sell for the price listed.

The alleged conduct relates to 25 residential properties in Box Hill North, Box Hill South, Forest Hill, Doncaster, Hawthorn East, Blackburn, Blackburn North, Burwood East, Surrey Hills, Windsor, Vermont, Vermont South, Mitcham, Balwyn North, Kew and Camberwell.

Consumer Affairs Victoria will allege Fletcher & Parker (Balwyn) contravened:

• section 18 of the Australian Consumer Law, which prohibits misleading and deceptive conduct in trade and commerce, and
• section 30 of the Australian Consumer Law, which prohibits false and misleading representations in connection to the sale and promotion of land.

The court actions have resulted from the work of Consumer Affairs Victoria’s underquoting taskforce, Taskforce Vesta.