Real estate agent disqualified, sentenced to jail after breach of trust account

A southside real estate agent has been disqualified and sentenced to three months jail after being found guilty of a breach of trust accounts.

Beenleigh Magistrates Court where Robert Ian Campbell was convicted after being charged by the Office of Fair Trading. PHOTO: JUDITH KERR

A FORMER southside real estate agent has been sentenced to three months in jail after he was found guilty of misusing clients’ trust account money on Friday.

Former Shailer Park and Gold Coast real estate agent Robert Ian Campbell was convicted in the Beenleigh Magistrates court after being charged by the Office of Fair Trading.

The 69-year-old was sentenced to three months’ imprisonment, wholly suspended, with an operational period of 18 months.

In sentencing, Magistrate Don MacKenzie took into account Mr Campbell’s circumstances and ordered a prison sentence because Mr Campbell, as a pensioner with no assets, had no capacity to pay a fine or compensation.

Mr Campbell, formerly the principal licensee of Realty Brokers Pty Ltd, pleaded guilty to 12 charges under the Property Occupations Act 2014 for making unauthorised withdrawals of funds from a trust account and for dishonestly converting trust account money to his own use.

In June 2018, Mr Campbell pleaded guilty on behalf of Realty Brokers Pty Ltd to 11 charges relating to unauthorised trust account withdrawals totalling $121,000.

The agency was fined $5000.

At that time, Mr Campbell avoided personal prosecution by putting a plan in place to repay the money without any consumers suffering financial loss.

He did not meet his agreement to repay the monies after Realty Brokers Pty Ltd was placed into liquidation on June 25, last year.

He was later prosecuted by the Office of Fair Trade for the original charges, and one additional charge of misappropriating funds that led to a shortfall of $24,000 in the agency’s sales trust account.

In sentencing, Magistrate MacKenzie said Mr Campbell’s conduct was a “serious matter involving defalcation of trust money”.

He noted there was a statutory obligation on real estate agents to receive trust money and to deal with it in accordance with the legislation.

“This sentence sends a message to the real estate industry that this type of conduct will not be tolerated and offenders will face serious consequences for their actions.”

Fair Trading acting executive director Craig Turner said real estate agents must not misuse trust money.

“Money held in trust does not belong to real estate agents and it must only ever be disbursed to the person entitled to it,” he said. “This is a legal requirement.”

“The OFT will continue to investigate allegations of real estate agents who are not meeting this requirement and will take action where necessary.”