Agent banned over rent roll misdemenours
The Melbourne Magistrates Court has banned a company director for 15 years after his business took $300,000 in deposits for rent rolls but failed to deliver the promised products.
Mark Whittingham and Connection Blue must also pay nearly $200,000 in compensation to four real estate agents for the rent rolls. The compensation was ordered in June in court proceedings brought by Consumer Affairs Victoria.
Connection Blue allegedly took deposits totalling $292,723 from five estate agents for rent rolls that it then did not supply, and did not provide refunds. Mr Whittingham, sole director of Connection Blue, is now also disqualified from managing any corporation until 1 September 2028.
Director of Consumer Affairs Victoria Claire Noone said, “Disqualification is a significant penalty that will serve as a warning and help to protect Victorian consumers and businesses. Agents buy rent rolls to improve their cash-flow by increasing the number of properties they have under management. Agents who pay good money for a rent roll are entitled to receive it or, at least, the prompt return of their money.
“The Australian Consumer Law makes it clear that if you accept payment for goods and services you must provide the goods and services within a reasonable time or return the money. There are penalties for those who fail to do so.”
The court also restrained Mr Whittingham and his company from requesting deposits or other payments for the supply of rent rolls, mortgage trail books or planning books before the actual supply of these products to the buyer.
Consumer Affairs Victoria is investigating complaints about a similar business called Rent Roll Buyers, apparently run by Mr Whittingham’s wife, Kate Whittingham, through the company Cali Four P/L.
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