Melbourne real estate agent Dean Johnson’s licence in firing line

A western suburbs real estate agent should have his licence disqualified for five years for underquoting and other misleading conduct, Victoria’s consumer watchdog has argued in court.

VCAT heard the vendor of 15/745 Barkly Street, West Footscray, explicitly set a $265,000 reserve, but Property Express advertised it between $235,000 and $260,000 in 2015.

Victoria’s consumer watchdog has called for a western suburbs real estate agent to have his licence disqualified for five years following a “nine-year poor history” of underquoting and other misleading conduct.

Dean Anthony Johnson yesterday fronted the Victorian Civil and Administrative Tribunal in relation to 35 breaches of the Estate Agents Act from November 2014 to February 2016, while he was director of Property Express Pty Ltd.

These included making “bullish” price estimates before advertising properties for lower amounts.

This created “a gap between the estimate given to the client to get the job and the amount advertised to the market”, Senior VCAT member Anna Dea determined following an earlier hearing.

Dean Johnson, pictured in 2007.

Ms Dea ruled in July that Mr Johnson was unfit to hold a licence as a result of the breaches, which also included failing to include price estimates and state commission fees as dollar amounts on multiple sales authorities.

She then requested submissions from Consumer Affairs Victoria and Mr Johnson, ahead of making orders.

CAV’s Elissa Watson told the tribunal yesterday that Mr Johnson had come under fire for price advertising on two previous occasions, with his licence notably suspended in 2012 for two months.

She said the “number and nature” of Mr Johnson’s contraventions this time around, plus his poor conduct over a “nine-year poor history”, demanded “a lengthy cancellation period”, with “protection of the public” at stake.

Mr Johnson told the tribunal he had “made mistakes” and “lots of excuses”, including being under time pressures, while running Property Express. The firm traded as Sweeney Yarraville and Footscray, which is now run by a different company.

The 55-year-old pledged to become better educated so he could continue his 36-year agent career, but said he would never again be the director of a real estate business.

“I’m now happy just to be an estate agent (so) I can put all my time and effort into 100 per cent compliance,” he said.

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The tribunal heard Mr Johnson had worked as an agent for Hodges Yarraville since August last year, with director Sally Bell confirming he had not experienced any compliance issues in that time.

Mr Johnson’s solicitor David Leggatt told the tribunal a five-year licence disqualification would be “disproportionate”, instead proposing his client’s licence be suspended for nine months while he completed the Real Estate Institute of Victoria’s Agent’s Representative course.

Property Express was also found to have contravened the Estate Agents Act 65 times from August 2014 to February 2016. This included Mr Johnson’s 35 breaches.

CAV told the tribunal a two-year licence suspension would be suitable for the business.

Ms Dea is expected to finalise penalties soon.