Does the law prevent a real estate agent placing a 'For Sale' sign and even 'Sold' sticker on own home?

Question

I am particularly interested in the laws surrounding this in Queensland, Australia.

The circumstances I am talking about relate to an agent using the 'For Sale' sign and 'Sold' sticker essentially for marketing purposes, ie the home is not actually listed for sale or has not actually been sold.

Does anything prevent this? Or is it in fact a practice within the law?

Answer 1

Good question!  This will depend on council restrictions.  Generally it is permitted for an agent to erect a signboard but that is only if the property is for sale or lease.  I'd be interested to know who is giving the agent permission to put these boards up.  It certainly doesn't sound commonplace for your average person to permit this.

I certainly wouldn't call it a practice within the law.  Council deem a signboards "development applications" believe it or not... and if you don't remove it or get permission then you risk fines!

Answer 2

It really does depend on the local by-laws of the council. I have been in real estate for nearly 9 years and see this a lot. I have even seen agents advertising to "rent yard space" to display their signs in this manner.

Whilst under the PAMD ACt (Qld) it could be argued this is a form of "bait advertising", unless someone complains to the Office of Fair Trading (and i suggest you do!) nothing will happen.

These agents are a blight on the rest of us who behave ethically.

The Office of Fair Trading (OFT) do not investigate without a complaint being made and then there is only a warning, if numerous complaints are being made they (OFT) see the opportunity to score some media points by making an example of someone so they go a little harder. If you know of 4-5 others who don't like the behaviour then all of you ring in with the same complaint.

Bait advertising is when an agent advertises a property for sale to get people to call/inquire, but the property isn't really for sale. Therefore the property is there to "bait" the buyers into contacting the agent or agency. This can be signs, window cards, media or internet ads (or whatever). it is illegal and it is truly poor form.

Hope this helps