Consumer Affairs Victoria launch disciplinary inquiry into estate agent Tsun Ngai Lee
Staff reporterDecember 8, 2020
Consumer Affairs Victoria has launched a disciplinary inquiry at VCAT into estate agent Tsun Ngai Lee.
Mr Lee, 60, of Caroline Springs, trades under the business name Ably Realtor Worldwide Agency.
CAV allege that Mr Lee breached his duties under Victoria’s estate agent laws by:
- not complying with an existing condition on his estate agent’s licence
- not always acting fairly and honestly in his work as an estate agent, and
- engaging in conduct detrimental to the estate agent industry’s reputation or interests.
It is also alleged that Mr Lee:
- did not meet his trust account audit obligations for the 2018-19 financial year, and
- is not a fit and proper person to hold an estate agent’s licence.
The action against Mr Lee follows an investigation as part of our estate agent compliance monitoring program.
VCAT will hear the matter at a date to be set.
CAV have previously taken action against Mr Lee in 2019.
The estate agent trading as Ably Realtor Worldwide Agency was reprimanded, and had a condition placed on his licence, after breaching his duties under the Estate Agents Act 1980 and its regulations.
Tsun Ngai Lee, then 59, of Caroline Springs, agreed that, among other things, he did not:
- record required information in:
- a register of trust cheques
- a trust account cash receipts journal; and
- trust ledger accounts
- have his trust accounts audited within the required timeframe
- keep money in the trust account until it was paid to the person entitled to it
- at all times act fairly and honestly in his capacity as an estate agent.
Mr Lee also agreed that he had engaged in conduct detrimental to the estate agent industry.
Our staff identified the breaches during inspections at Ably Realtor Worldwide Agency.
The matter was heard at the Victorian Civil and Administrative Tribunal.
The tribunal ordered that a condition be placed on Mr Lee’s licence prohibiting him from handling trust monies or operating an estate agency trust account until he:
- completes two Real Estate Institute of Victoria training courses, and
- arranges for a qualified professional to develop a compliance program, to ensure he understands and complies with his legal obligations.