Media Stories and court cases
Vulnerable Australians Targeted by Unscrupulous Property Vendors (SBS News, 6/10/16)
Rent-to-Buy: Melbourne man in legal fight after losing thousands in ‘unfavourable’ housing scheme (ABC TV News, 6/10/16)
The Australian, 31/7/15 Property Spruikers Caught in Clampdown (mentions Rick Otton, Ben Chislett, Easyhomes WA)
Rogue Agent Banned After Criminal Proceedings James Monaghan, Otton former student, and “very special guest” on Otton’s podcast signs enforceable undertaking, loses estate agents licence. Refers to Ezibuyhomes and Benny Bull Pty Ltd which are related to Ben Chislett.
Domain, 13/3/15 “Vendor Finance Under the Microscope” (Carolyn Bond)
ACCC takes action against We Buy Houses and Rick Otton regarding property strategies 3/3/15
Property spruiker facing legal action over rent to buy scheme (Mentions Sheree Becker, “doctor of real estate”) 25/1/15
Financial Review 17/8/14 (pay wall) Rent-to-buy plans prey in property desperate
Property Observer, 23/6/14, Jennifer Duke: Consumer Affairs Victoria Taking Charge Against High Risk Rent-to-buy Schemes
ABC Lateline 24/2/14“Spruikers Exploit the Vulnerable”.
Property Observer, 10 March 2014, Jennifer Duke: “From Seminar to Success Story….to being fined in the Supreme Court of WA – how it happened.”
Property Observer, 5 March 2014, Jennifer Duke artcle about prosecution of Susilos
The Age, Nov 2012, Warning on Risky we buy houses scheme.
My blog post for Consumers Federation of Australia
BBC (UK), 2011, Home Sellers Warned Over Risky Lease Option Deals
Promoters of ‘rent to buy’ property scheme named (Butkovik)
Sydney Morning Herald, 24/12/2004, Dangers of lending scheme hit home.
In Sieve-storm v Murphy an owner was released from two lease option agreements because the documentation didn’t comply with conveyancing laws in New South Wales.
In Le v Tran [2016] NSWSC 632 the court didn’t find a lease option agreement misleading and deceptive or unconscionable as argued by the tenant buyer and ordered that $99,000 be paid for rent arrears and option payment arrears. The agreement was with an ‘intermediary’ who had a power of attorney over the property.
In Evolution Lifestyles v Clarke, the vendor sought possession for payment arrears. The court found that the rent-to-buy contract was unjust and ordered vendor to pay purchaser $115,000 compensation (September 2016)
Rowan Lines compensation for rent to buy deals (5/11/15)
Enforceable undertaking (James Monaghan) also mentions Ben Chislett. April 2015 (same link as above)
‘Rent to buy’ lawyer fined for “reckless dishonesty” 1/8/14
Commissioner for Consumer Protection -v- Susilo [2014] WASC 50 (27 February 2014)
Gray v Latter [2014] NSWSC 122 (27 February 2014)
CCCT 13-02120 (tenancy hearing re option to purchase)
WA Ban for Property Investment Promoter (We Buy Houses Pty Ltd/Rick Otton)
Lewis v Ormes (Commercial) [2005] NSWCTTT 481 (18 July 2005)
“Deceptive” promoters of ‘rent to buy’ property deals acted illegally (No Loan Home Pty Ltd/ Butkovic)
Johnstone v Poralka Investents Pty Ltd [2008] SADC 87 (4 July 2008) Rent-to-buy contract void due to mistake of fact. Refers to illegality of vendor finance in South Australia.
The Naysayer 