Consumer Affairs Victoria has commenced criminal action against Thomas Henry Albert Aloysius, 47, of Hallam, for alleged breaches of the Estate Agents Act 1980 (the Act) and its Regulations.
It is alleged that, while working as an estate agent’s representative between May and June 2017, Mr Aloysius:
- advised a vendor that he had received an offer of $600,000 to purchase the vendor’s property, when the offer made by the purchaser was $620,000, and
- accepted a $20,000 partial deposit from the purchaser into his personal bank account, instead of the required trust account.
Mr Aloysius faces six charges:
- Three relate to his alleged misuse of the $20,000, in breach of the Act.
- Three relate to alleged breaches of the Estate Agents (Professional Conduct) Regulations 2008; these include that Mr Aloysius:
- did not act in his principal’s best interests; and
- engaged in conduct detrimental to the industry’s interests and reputation.
The matter was brought to our attention through a consumer complaint.
Estate agents or agent’s representatives who misuse trust funds can face penalties including fines, or jail for more serious breaches under the Act.
The matter will be heard in the Dandenong Magistrates’ Court.