When to apply
The claim fund was set up to assist anyone who has suffered a financial loss because of:
- a real estate agent
- a resident letting agent
- a motor dealer
- an auctioneer
- a chattel auctioneer
- a debt collector or process server
- an employee of any of the above.
- their actions
- actions they should have done but didn’t.
What you can claim for
- does not deal with trust account money properly (for example, does not put your rental money in their trust account or steals it)
- makes false or misleading claims (for example, lies about a vehicle’s year of manufacture or distance travelled)
- does not disclose a beneficial interest
- does not return your money, deposit or trade-in vehicle to you if you cancel during your cooling-off period or because they didn’t fulfil their legal obligations
- steals or misapplies money or property you give them to pass on to someone else (such as transfer duty).
- does not forward bond money to the Residential Tenancies Authority
- does not clearly identify the lot you are buying
- does not give notice if you can’t use vacant land for residential purposes.
- misleading conduct
- unconscionable conduct
- false representations.
- lying to you
- leaving out important details
- deliberately giving you a false idea
- making false claims about the property.
Unconscionable conduct could be:
- using high-pressure tactics
- taking unfair advantage of your personal circumstances
- not giving you time to read an agreement, ask questions or get advice
- using a friend or relative to influence your decision
- not explaining the key terms of a contract.
- the property’s details
- the property’s value
- any facilities they said were available.
You can make a claim only if:
- you have on-sold the property within 6 years of the purchase contract date
- you suffer a capital loss, that is, if you sell it for less money than you paid for it (this is why you must have already sold the property)
- the property is not an investment property
- the property is located in Queensland.
- the agent or dealer doesn’t honour your statutory warranty on a used vehicle (you will need to apply to the Queensland Civil and Administrative Tribunal)
- the agent or dealer steals or misuses trust account money after you have agreed that they could invest it
- you didn’t get all the information you needed from the agent or dealer
- you’re dealing with a property developer (or their employees)
- the agent or dealer didn’t tell you if their relationship with a service provider they recommended you use (for example, a solicitor)
- you are also a licensee, and were dealing with another agent as part of your job
- you made a financial investment in the agent or dealer’s business.