Investor Warning

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Investors should seek an independent second opinion when investing their super savings in property, according to the Real Estate Buyer’s Agents Association of Australia (REBAA).
The industry body’s president Jacque Parker urges investors to question advisors offering inflated property values and guaranteed rents.
“The real estate industry has always attracted its fair share of ‘shonky’ selling agents and it’s disappointing to hear advisors accepting kickbacks from developers under the guise of “financial advice” and taking advantage of innocent investors,” says Parker.
REBAA’s warning comes amid reported claims of advisors receiving higher than standard commission payments for recommending off the plan residential apartments as self-managed super fund investments.
Earlier this year, property commentator <a href="/expert-insights/investing/29276-standby-exclusive-tips-from-the-experts-on-how-to-spot-a-dodgy-operator" target="_blank">Neil Jenman told Property Observer</a> that "property spruikers are getting commissions ranging up to $50,000 per property".
Parker advocates engaging an accredited buyer’s agent for a second opinion on property investments. Buyer’s agents do not sell real estate but specialise in finding, evaluating and negotiating property purchases on the behalf of buyers.
 “The old saying ‘if it sounds too good to be true, then it probably is’ certainly applies here,” said Parker.
“If you are an investor who is considering investing your superannuation in property, then we would highly recommend you get an independent second opinion from a buyer’s agent.
“Independent buyer’s agents do not sell real estate or accept any kickbacks from other sources for doing so.
“If they do and they don’t disclose this to the buyer then they are contravening Section 47 of the Agents Act.”
Parker claims that using a buyer’s agent can save investors thousands of dollars.
 
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Don’t be lured in by “one stop shop” SMSF advisors: REBAA

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AMP is axing new mortgages to property investors with five or more properties.
It continues the lender crackdown on borrowers with multiple dwellings.
The Australian Financial Review reports AMP is also tightening scrutiny of all loan applications and banning new loans to investors whose property related income, which is typically rent, is more than half of their total declared income.
AMP is also decreasing the maximum amount of verified gross rental income it will accept for loan-servicing purposes from 80 to 70 per cent for properties in higher risk zones, such as inner city high-rise apartments.
The number of households with an investment property grew at the height of the property boom, especially in 2014-15-16, according to analysis by the Australian Taxation Office, although the numbers with a big portfolio does remain comparatively limited. 
Investors with big portfolios increased by about four per cent to about 45,000 with four properties and 20,000 with six properties in the most recent data.
It kicked off in the 2014-15 financial year the number of investors with five or more properties grew by 7.5 per cent – almost double the rate of growth over the previous nine years.
Of the 11 per cent of the adult population with investment properties in Australia, more than half of those are now owners of two or more properties, according to data included the RBA’s Financial Stability Review.
One in 10 investors own three or more properties, the central bank said, based on analysis of Australian Taxation Office data.
Professionals such as teachers, lawyers and accountants are the biggest group of investors by professional grouping – these groups account for 22 per cent of property investors in 2014-15.
Managers and professionals together – the two highest-paid groups – account for 37 per cent of all investors in property and have close to the highest level of negative gearing.
The most highly negatively geared group of workers is machinery drivers and operators – they account for just 3 per cent of property investors but 74 per cent of them are negatively geared.
The data showed a marked increase in the age of property investors, with the number of over-60s in the market almost doubling in the 10 years since 2005 to now account for about 22 per cent of all investors.
Property portfolios valued at $2 million in popular Sydney and Melbourne suburbs are generating weekly returns of less than $752 after deduction of expenses, according to recent analysis by chartered accountant and adviser William Buck.
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AMP stops new mortgages for investors with sizeable property portfolio

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A warning has been issued by the Magistrates’ Court of Victoria about scam emails advising about court and tribunal appearances and proceedings.
The email may advise you to report to court on a specific day/time and to bring documents and witnesses.
The email instructs the recipient to open and read an attached ‘court notice’. They’re warning that this contains a virus and that you should not open the attachment and that you should delete the email.
“If you are not involved in a proceeding, a court or tribunal will not communicate with you by email. Unsolicited emails or requests for personal information are not sent by courts or tribunals,” VCAT is advising.
 
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jduke-EHk3XBmHkn

Been called to Tribunal recently? It may be a scam

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Personal insurance isn’t something that property investors should ignore, warns EPS Property Search director Patrick Bright.
Australia is one of the most underinsured developed countries in the world, Bright said, and many investors are failing to adequately protect themselves.
“Before you sign a contract to purchase a property you should have the appropriate insurances in place, at the very least income protection,” said Bright.
“You not only want to protect your 10% deposit in case something unforeseen happens between exchange and settlement but you want to know that you can complete settlement.”
He said that one of the quickest ways to lose your home is through unpredictable occurrences that stop your ability to earn. Many property investors consider burglary, tenant damage or natural disaster, but then fail to consider the possibility of dying or getting ill.
Pointing to an Australian and New Zealand Institute of Insurance and Finance study on the Victorian Black Saturday bushfires, he noted that for 171 people who died – less than $1 million was paid out in life insurance.
“You need to insure the person who is paying for the asset rather than just insuring the asset itself,” he explains.
“Ask yourself how your family will manage if one of the breadwinners becomes sick or dies? Do you have the necessary income protection and life insurances in place to protect your assets and allow your family to continue their quality of life rather than being forced to sell the family home?”
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Investor warning: Don’t ignore your personal insurance

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New residential buildings will have 12 months to make the required changes to smoke alarms.
The new Building Code of Australia (2014) will require all new smoke alarms to be interconnected when there is more than one alarm in a residential dwelling. When interconnected, if one fire alarm is triggered, the others in a home should also be activated.
Western Australia’s Building Commissioner Peter Gow has confirmed that the 12 month transition period will see the requirements coming into effect on 30 April 2015.
“Some building and electrical industry stakeholders were concerned about their ability to comply with the new requirements, so we have applied the one-year transition period that was built into our new Building Act to give the industry time to adjust their operations,” said Gow.
If dwellings are approved for construction before 1 May 2015, they will not be required to include interconnected smoke alarms. However, old dwellings will still need to have smoke alarms or heat detection alarms no older than 10 years old installed before they can be sold, transferred, hired or rented. 
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Investor alert: Changes to smoke alarm requirements for new residential buildings

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Checking testimonials and reviews, particularly online, are one way we all do a little bit of our due diligence when looking for any type of holiday accommodation or even restaurant to go to.
Property investors also largely use them for experts and professionals to help them with their buying, renovating, building and even accounting.
In fact, they're such a powerful way to be convinced into using a particular company or individual that it's rare to see a website without them.
But, just as it's easy to write someone a testimonial - which they may, or may not, use - it's just as easy for a less-than-reputable character to be overtly selective with their testimonials or just to fabricate them completely.
WHAT IS A TESTIMONIAL
Testimonials are comments from customers and clients of a service or product that explain their service and how they found dealing with a company of person. They are heavily used as marketing tools, and for promotion, in every industry - from the Sham Wow to the back of a novel. Testimonials can be incredibly useful for finding out what other people think about a service.
You might see them in newspapers, in emails, on websites or forums (particularly the business' own website), on review websites and in brochures.
MUST KNOW
Before we get into when to be alerted by a potentially fake testimonial, for companies in Australia it's worth noting that making, relying or using false or misleading testimonials is unlawful, according to Consumer Affairs Victoria (CAV).
That means, while they shouldn't be falsified, if they are then you do have a right to notify Consumer Affairs about it.
CAV notes that businesses that regularly rely on testimonials include alternative health care businesses, restaurants, weight loss service provides and, of course, estate agents.
<blockquote>
Businesses that regularly rely on testimonials include alternative health care businesses, restaurants, weight loss service provides and, of course, estate agents.
</blockquote>
If you're a real estate company using testimonials, basically make sure they're coming from real people, you haven't paid for a review, that you note down if there has been any sort of commercial relationship with that person, that you do not delete negative reviews and that you keep records of them all.
Remember, while less common, some do use fake testimonials to purposely say bad things about a competitor as well. These are also misleading, and you'll want to keep an eye out for them.
WHAT TO BE WARY OF
Duplicate reviews in different names, or appearing in different places multiple times.
Reviews that seem to overtly suggest you use the service, often providing discounts or codes. They may even be slagging off a competitor within the same review.
Review websites that are in some way associated to the company.
Email addresses with three or more numbers at the end - suggesting this is fake and may have been created by an automated program.
If it's an Australian company that deals with primarily Australian residents, then be wary if all the reviews have Americanised spelling. This should be a surefire warning sign that there's something fishy going on.
Those that sound like advertisements (there's a specific tone to be aware of). Be alerted by anything over the top, overly endorsement heavy, and non-specific. If they have industry-specific terms or phrasing that an average person is unlikely to use - also be aware.
Websites where all the reviews are positive or where large numbers of reviews sit at either end of the spectrum. The majority of real people give reviews within the two to four star bracket, rather than the one and five stars.
<blockquote>
The majority of real people give reviews within the two to four star bracket, rather than the one and five stars.
</blockquote>
Gut feeling is a powerful thing. Would this be something you could see yourself writing if you had the same good/bad experience? If not, why not?
Do they overtly use words and phrasing that a typical person would not? For instance, they may refer to a iPad Mini as an iPad or an iPad Mini, but it's unlikely they'd refer to its complete specs in a review e.g. iPad Mini 16GB with retina display and Wifi. Similarly, phrasing might be a little... off, particularly if cliched.
Not everyone is a wordsmith, and it's likely some people will use typical phraseology to review an item, but something like the following sentence reeks of falsity: "Great buying experience, couldn't be happier - now on my way to millions!". Unconvinced? So are we.
While not everyone will allow you to check their identity, usually there's at least one person with their full name (in which case, is it a "common" name that cannot be verified?).
If photos are with the testimonial - are they stock photos? Have you seen them used elsewhere? Search the photo through Google images' search function or through a reverse image search. Just because a photo has been included, it doesn't mean it's real.
Have you checked reviews across a number of sites? If you haven't it's time to get Googling a little more. Check out forums, where unhappy clients may be able to tackle false reviews more easily by providing their own experiences.
Look for links. Links to a person's blog or own website can be a powerful thing, suggesting they're a real individual. However, a 'tracking' link or a link that redirects you suggests that the review may be paid for.
If you're wanting to verify any further, then Property Observer suggests calling the company in question and asking for contact details for the person who provided the review - or for your contact detail to be passed on (such as an email).
Video testimonials can be even more convincing for some, however how do you know when the video was taken? Was the reviewer halfway through a seminar, or about to head in? Again, it's worth asking to contact the individual themselves.
Think you've seen a false review on a property product online? Email: <a href="mailto:jduke@propertyobserver.com.au" target="_blank">jduke@propertyobserver.com.au</a>
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How to tell if a testimonial is fake: Spruiker alert

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Thousands of Australians were scammed out of a combined $89 million in 2013, according to report released by the Australian Competition and Consumer Commission today.
The Targeting Scams report says while the amount of money lost through scams decreased by 5% last year, <a href="https://www.smartcompany.com.au/technology/information-technology/32204-accc-report-shows-scammers-cost--93-million-last-year-five-lessons-for-your-business" target="_blank">compared to 2012</a>, the number of scam-related contacts reported increased by 10% to almost 92,000.
Persons aged 45 to 54 were the most common reporters of scams, and the amount of people aged 65 and over reporting scam contacts nearly doubled to 18%.
Delia Rickard, deputy chair of the ACCC, told SmartCompany the biggest threats to small businesses are false billing scams.
“It can take a whole range of forms: getting a bill from a domain name register saying it will expire if you don’t pay within 24 hours,” says Rickard.
“[Or] it could be one of the directory scams where you get a bill or false invoice for a Yellow Pages entry that you never ordered,” she says.
False billing scams made up 3,600 of all contacts reported last year, with 445 losses amounting to a total of almost $725,000— a 45% increase in reports, and a 28% increase in the amount of reported losses. 
“It’s really important to have systems in place to check whether the bills you are receiving are legitimate,” says Rickard.
“If something doesn’t look quite right, don’t trust it, and don’t use the contact details in the emails,” she says.
The Federal Department of Communications <a href="https://www.smartcompany.com.au/technology/42256-small-businesses-warned-about-a-shocking-fake-power-bill-scam" target="_blank">warned small business owners earlier this month</a> to keep their eyes open for electricity and gas bill scams.
The email-based scam bills, which purport to be from Energy Australia, often have links to malicious websites and can automatically download the malware to victims’ computers.
The ACCC report suggests businesses receiving suspicious bills should verify them by contacting the companies directly, using contact details sourced independently through an internet search or a phone book.
This article first appeared on <a href="https://www.SmartCompany.com.au" target="_blank">SmartCompany</a>.
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Aussies scammed out of $89 million in 2013: ACCC report

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It’s coming up to tax time, which is great news for those few that enjoy filling out extra paperwork and visiting their accountant.
Last year, thousands of <a href="/news/32397-aussies-scammed-out-of-89-million-in-2013-report" target="_blank">Australians were scammed out of a combined $89 million in 2013</a>, according to an Australian Competition and Consumer Commission report that was released yesterday.
It’s unfortunately also a time of year when you’re more comfortable providing your details to sort out your tax return and get your affairs in order. Here are five tips from the Australian Taxation Office on being aware of, and recognising, signs of fraud and unscrupulous activity.
Simple tips to recognise fake SMS and emails that pretend to be from the ATO
These aren’t all ‘Nigerian Prince’ style emails that you can tell at a single glance should be deleted without opening and some can actually look convincing, the ATO warns.
If the emails are one or many of the below, then you may be dealing with a case of fraud:
<ul>
<li>Unsolicited 
</li>
<li>Not from a valid ATO address (but may look as though it is from an official email) 
</li>
<li>Do not address you by your name, or uses your email address instead of your name 
</li>
<li>Asks for your personal or financial details (in particular, date of birth, address or PIN number) – This is a big warning sign. The ATO notes they will never ask for these details via SMS or email 
</li>
<li>Poorly worded, containing gramma errors (pun intended) – this helps to avoid filters 
</li>
<li>Promises money – Do we need to explain why this one is unlikely? 
</li>
<li>Contains an attachment 
</li>
<li>Contains fake links (the ATO suggests moving your cursor over the link, not clicking, and seeing where you’ll be redirected to. If it’s not to the ATO’s official site, then don’t click it.)</li>
</ul>
If the SMS or email you have received fits the above categories - head to the official ATO website and give them a call.
Report SMS and emails offering tax refunds in exchange for your personal details
Tax refunds are calculated after you’ve reported your information – not before.
“Any SMS or email that requests additional information before a refund can be released is a hoax,” they warn.
If an SMS or email says that you owe money, or that your account is in arrears and you will be taken to court – it’s time to ignore it.
This information will not be sent in an email or as a text. The phone, mail, an external collection agency or a personal visit are the methods more likely to be used.
Use online services via the official ato.gov.au
Don’t use other websites or methods, other than phoning the official number, to do business with the ATO. If they text you, it’s probably not them.
You’ll be prompted to sign in with a TFN and password and often AUSkey. If you aren’t asked to login, beware – it’s not the ATO. Double check the address bar.
Keep your TFN and passwords secure
Don’t share your password, and do not respond to emails with your TFN or password.
When are SMS and emails used by the ATO? For promotional or information services. Reminders, notifications, requests for you to contact the ATO and confirmation may be sent in these formats.
YOU MAY ALSO WANT TO READ
ATO warns of tax time scammers:<a href="/expert-insights/finance/17164-ato-warns-of-tax-time-scammers-heres-how-to-spot-them" target="_blank"> Here's how to spot them</a>
ATO branded scam alert: <a href="/news/28522-ato-scam-alert-fake-landlord-tax-exemption" target="_blank">Fake landlord tax exemption</a>
Beware of tax scams: <a href="/expert-insights/finance/28652-beware-of-tax-scams-how-to-make-sure-you-dont-get-fleeced" target="_blank">How to make sure you don't get fleeced</a>
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Four ATO tips to protect yourself from end of financial year scams

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The Australian Taxation Office will be carefully monitoring this financial year, as with previous years, rental property expenses in tax returns.
It was often first-time landlords who got their claims for rental property deductions wrong, Tax Office assistant commissioner Karen Anstis told Fairfax Media.
A common query may arise for claiming rental deductions for a property that was not genuinely available for rent.
Another mistake was overstating the deductions on the interest on the mortgage.
Karen Antis said the Tax Office had increasingly sophisticated technology for identifying excessive claims.
The lodgement deadline for returns is 31 October, 2014 for those filing their returns themselves.
Those lodging through a registered tax agent are usually eligible for a later deadline of up to May 2015.
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