CAV public warning on Craig McIntosh over real estate transactions

The Director of Consumer Affairs Victoria has issued a public warning under section 223 of the Australian Consumer Law (Victoria) (ACL(Vic)) and section 228 of the Australian Consumer Law and Fair Trading Act 2012, regarding the conduct of Craig Alan McIntosh in the supply of real estate services.

The department has issued an image of Craig McIntosh (pictured above) given its concerns he has not and has never been a licensed estate agent.

On 17 March 2015, Consumer Affairs Victoria obtained injunctions against Mr McIntosh under the ACL (Vic), barring him from acting as an estate agent until he was licensed to do so.

While Mr McIntosh is eligible to be employed an agent’s representative, Business Licencing Authority (BLA) records currently show he is not employed by any real estate agency.

On 16 February 2017, Mr McIntosh ceased employment as an agent’s representative with a licensed estate agent operating under various trading names, including:

• McIntosh Lincoln
• McIntosh Lincoln City Residential, and
• McIntosh Lincoln Property Concierge.

The estate agency was located at Level 11/180 Russell Street, Melbourne.

Consumer Affairs Victoria has been informed that since 16 February 2017, Mr McIntosh has held himself out to be able to:

• engage in providing real estate services, and
• receive funds on behalf of people selling or purchasing real estate.

The CAV is concerned that Mr McIntosh is continuing to:

• undertake the business of an estate agent while not being licensed as an estate agent 
• hold himself out to be an agent’s representative while not under the supervision of a licensed estate agent, and
• request payments for the purchase of real estate into a bank account that is not an authorised trust account and to which he has sole access.

The CAV is also concerned that any money provided to Mr McIntosh since 16 February 2017 may not be considered trust money under the Estate Agents Act 1980, and will therefore not be protected under the Victorian Property Fund.

"Until further notice, consumers are warned to not engage Mr McIntosh's services as an estate agent or provide him with any money for the purchase of real estate," the department has warned.

Any consumer who has been approached by Mr McIntosh since 16 February 2017 in relation to the purchase or selling of real estate, or has provided or been asked to provide any form of payment to him in relation to any real estate transaction, can contact us on 1300 55 81 81. 

In 2015 Sunnymac Pty Ltd, trading as McIntosh City Residential, and its director Craig Alan McIntosh, were first restrained from carrying on business as a real estate agent until licensed to do so, by order of the Melbourne Magistrates’ Court.

The court accepted that Sunnymac (ACN 1199 107 08) and Mr McIntosh, then 48, of Southbank, contravened the Estate Agents Act 1980 by acting as an estate agent without a licence. 

The court granted an injunction restraining Sunnymac and Mr McIntosh from acting as an estate agent in any way, including in any statements or advertising. 

Consumers are strongly encouraged to deal only with licensed estate agents when buying or selling property.