Middle Park estate agent banned after missing rental trust account fund discovery

Middle Park estate agent Peter Maxwell Simmons, 66, trading as Peter Simmons Real Estate, has been banned from holding a licence, or acting as an agent’s representative, after Consumer Affairs Victoria was notified that more than $5,000 in trust account money was missing. 

CAV were notified of the deficiency through an audit report in 2015; subsequent investigations found further deficiencies which have not been advised.

CAV then applied for an inquiry into Mr Simmons’ conduct at the Victorian Civil and Administrative Tribunal (VCAT). 

The tribunal found that Peter Simmons contravened the Estate Agents Act 1980 by causing a deficiency of money held in trust for tenants and landlords, over a period of four and a half months.  VCAT also found that Mr Simmons was guilty of conduct that made him unfit to hold an estate agents licence.

VCAT ordered that Mr Simmons is ineligible to hold a licence or be an agent’s representative before 1 March, 2018. 

Mr Simmons was made bankrupt and his licence was automatically cancelled on 24 October 2016, as required under section 22 of the Act.

Peter has been the President of the Port Phillip Men’s Shed Association.