Queensland 'agent' fined for taking over sick dad's estate agency

A Brisbane real estate agent has been ordered to pay $12,687 in fines and compensation by the Queensland Civil and Administrative Tribunal for operating without a real estate agent licence and the improper use of a trust account.

Damien Grimsey was fined $5,000 for trading unlicensed. He was disqualified from holding any form of real estate licence or certificate for seven years.

Grimsey was also ordered to pay $7,687 compensation to a client for failing to pass on an insurance claim payment.

The tribunal heard Grimsey stepped in to take over his father’s real estate business, State Invest Property Services, while his father was hospitalised.

Grimsey operated without a licence from July 2008 to November 2008 and May 2011 to January 2012.

After a receiver was placed in charge of State Invest Property Services, Grimsey opened another trust account under a similar name and sent notices to clients falsely stating that normal trading would shortly resume under the new trust account.

Fair Trading executive director Brian Bauer said that even in unfortunate circumstances, family members could not simply take over a licensed business.

“The property industry is licenced and regulated to protect the public and maintain a high level of professionalism,” Bauer said.

“Consumers have the right to expect their real estate agent is appropriately licensed, and has the training and knowledge to be able to carry out the job properly."

The law does allow a principal licensee to appoint a substitute licensee for a period of not more than 30 days providing certain conditions are satisfied under the Property Occupations Act 2014.