Sale of land (Public Auctions) Regulations 2014
SCHEDULE 1 - GENERAL RULES FOR THE CONDUCT OF PUBLIC AUCTIONS OF LAND
1. The auctioneer may make one or more bids on behalf of the vendor of the land at any time during the auction.
2. The auctioneer may refuse any bid.
3. The auctioneer may determine the amount by which the bidding is to be advanced.
4. The auctioneer may withdraw the property from sale at any time.
5. The auctioneer may refer a bid to the vendor at any time before the conclusion of the auction.
6. In the event of a dispute concerning a bid, the auctioneer may re-submit the property for sale at the last undisputed bid or start the bidding again.
7. The auctioneer must not accept any bid or offer for a property that is made after the property has been knocked down to the successful bidder, unless the vendor or successful bidder at the auction refuses to sign the contract of sale following the auction.
8. If a reserve price has been set for the property and the property is passed in below that reserve price, the vendor will first negotiate with the highest bidder for the purchase of the property.
SCHEDULE 5 - INFORMATION CONCERNING THE CONDUCT OF PUBLIC AUCTIONS OF LAND MEANING OF VENDOR
MEANING OF VENDOR
The vendor is the person who is selling the property that is being auctioned. There may be more than one vendor. Where there are two or more vendors, they are selling the property as co-owners.
BIDDING BY CO-OWNERS
Where there are two or more vendors of the property, one or some or all of them may bid to purchase the property from their co-owners. The vendor or vendors intending to bid to purchase the property can make these bids themselves, or through a representative, but not through the auctioneer.
The law of Victoria allows vendors to chose to have bids made for them by the auctioneer. If this is the case, it will be stated as the first rule applying to the auction. However, these bids cannot be made for a co-owner intending to bid to purchase the property from their co-owner or co-owners.
The auctioneer can only make a vendor bid if -
• the auctioneer declares before bidding starts the auctioneer can make bids on behalf of a vendor, and states how these bids will be made; and
• the auctioneer states when making the bid that it is a bid for the vendors. The usual way for an auctioneer to indicate that the auctioneer is making a vendor bid is to say vendor bid in making the bid.
WHAT RULES AND CONDITIONS APPLY TO THE AUCTION?
Different rules apply to an auction depending upon whether there are any co-owners intending to bid to purchase the property from their co-owners, and whether vendor bids can be made. The auctioneer must display the rules that apply at the auction.
It is possible that a vendor may choose to have additional conditions apply at the auction. This is only allowed if those additional conditions do not conflict with the rules that apply to the auction or any other legal requirement. The additional conditions are usually contained in the contract of sale.
COPIES OF THE RULES
The law requires that a copy of the rules and conditions that are to apply to a public auction of land be made available for public inspection a reasonable time before the auction starts and in any case not less than 30 minutes before the auction starts.
A person at a public auction of land may ask the auctioneer in good faith a reasonable number of questions about the property being sold, the contract of sale, the rules under which the auction is being conducted and the conduct of auction.
FORBIDDEN ACTIVITIES AT AUCTIONS
The law forbids any of the following -
• any person bidding for a vendor other than
- the auctioneer (who can only make bids for a vendor who does not intend to purchase the property from their co-owner or co-owners);
- a representative of a vendor who is a co-owner of the property wishing to purchase the property from their co-owner or co-owners;
• the auctioneer taking any other bid that the auctioneer knows was made on behalf of the vendor, unless it is made by a vendor (or their representative) who is a co-owner wishing to purchase the property;
• the auctioneer acknowledging a bid if no bid was made;
• any person asking another person to bid on behalf of the vendor, other than a vendor who is a co-owner engaging a representative to bid for them;
• any person falsely claiming or falsely acknowledging that they made a bid;
• an intending bidder (or a person acting on behalf of an intending bidder) harassing or interfering with other bidders at a public auction of land.
Substantial penalties apply to any person who does any of the things in this list.
WHO MADE THE BID?
At any time during a public auction of land, a person at the auction may ask the auctioneer to indicate who made a bid. Once such a request has been made, the auctioneer is obliged by law to comply with such a request before taking another bid.
IT IS AN OFFENCE TO DISRUPT AN AUCTION
The law forbids an intending bidder or a person acting on behalf of an intending bidder from doing any thing with the intention of preventing or causing a major disruption to, or causing the cancellation of, a public auction of land.
THE COOLING OFF PERIOD DOES NOT APPLY TO PUBLIC AUCTIONS OF LAND
If you purchase a property that has been offered for sale by public auction either at the auction or within 3 clear business days before or after the auction, there is no cooling off period.
WHAT LAW APPLIES
The information in this document is only intended as a brief summary of the law that applies to public auctions of land in Victoria. Most of the laws referred to in this document can be found in the Sale of Land Act 1962 or the Sale of Land (Public Auctions) Regulations 2014. Copies of those laws can be found at the following web site: www.legislation.vic.gov.au under the title "Victorian Law Today".
We understand and appreciate that you are concerned about privacy, particularly in relation to the use and disclosure of Personal Information. We are committed to providing a high level of privacy in relation to all Personal Information that is collected by us.
• franchisees or prospective franchisees;
• prospective or actual vendors, purchasers, landlords and tenants;
• prospective or actual suppliers;
• agents or independent contractors, any person who applies to become such an employee, agent or independent contractor;
• employees, except where the use or disclosure is directly related to the relationship between us as employer and you as the employee and relates to an "employee record" about you as a present or past employee.
• by communicating with us or by continuing to request our services, including but not limited to by attending one of our offices, attending an open for inspection, making enquiries via internet, email or phone;
• providing us with your contact details and consenting in writing for such details to be conveyed to a mortgage broker or financier;
• Providing us with your contact details for such details to be conveyed to third party organisations that Jellis Craig may engage to provide to our services;
• by visiting our website or participating in an online enquiry;
• by visiting any website or social media site established by us, including but not limited to Facebook, Twitter, Pinterest, Instagram, Google+, Youtube and Linked In ("Social Media Sites"); and
• by participating in any activity on a Social Media Site including but not limited to entering competitions, subscribing to our blog, posting, pinning or uploading any material on any Social Media Site, following, liking and/or commenting on us or anything on any Social Media Site ("Social Media Activity").
What is Personal Information?
For the purposes of this Statement, "Personal Information" is information or an opinion about an identified individual or an individual who is reasonably identifiable, whether or not the information or opinion is true and whether or not it is recorded in a material form. The types of Personal Information generally collected by us may differ, depending on whether you are or would like to become a Jellis Craig franchisee, a vendor, purchaser, landlord, tenant, supplier, employee, agent or independent contractor of us, or of a Jellis Craig franchisee.
Personal Information does not include an "employee record". An "employee record" is a record of personal information relating to the employment of the employee. This includes health information and personal information relating to the:
• engagement, training, disciplining of an employee,
• resignation or termination of an employee;
• terms and conditions of employment of an employee;
• employee's performance or conduct;
• hours of employment, salary or wages;
• personal and emergency contact details;
• employee's membership of professional or trade associations or trade union membership;
• employee's recreation, long service, sick, personal, maternity, paternity and other leave; and
• employee's taxation, banking and superannuation affairs.
What Personal Information do we collect from you?
Generally, the type of Personal Information collected by us includes your name, address, mobile and telephone numbers, facsimile number and e-mail address. If applicable, we may also require details of your company's ABN and/or ACN, financial information including bank account and credit card details, profit and loss statements, balance sheets, your employer and occupation details and title and mortgage details of any relevant property. We may be required to take images of the inside of your home via photos or video.
From our franchisees, we also require company details including ABN and/or ACN, financial information including bank account and credit card details, profit and loss statements, balance sheets, weekly takings analysis, sales data and other business related information which may contain Personal Information.
From our employees and/or prospective employees, we may also collect the following information: emergency contact details, qualifications, previous employment details, driver's licence numbers, medical and health information, passports, leave summaries, wages and salary information, date of birth, superannuation information, tax file numbers, where relevant visa and immigration information, information relating to performance and conduct.
From time to time, photos may be taken for marketing and promotional purposes which may include images of franchised businesses, franchisees, employees or employees of franchisees and/or clients, from which individuals may be able to be identified.
Via Social Media Sites, we may be able to obtain other information about you which may not itself constitute Personal Information or which, when combined with other information, is capable of identifying you, including photos, videos and any other information that you include on our Social Media Sites or sites linked to our Social Media Sites ("Other Sites"). The level of information to which we have access may depend on your privacy settings on such Other Sites.
In some circumstances, you may deal with us anonymously or using a pseudonym. However, in most circumstances it is impracticable to do so because if you do not provide us with the Personal Information that we require or if you provide it in a way that does not identify you, we are likely to be unable to carry out the services requested by you.
How do we collect your Personal Information?
Personal Information may be collected as follows:
- • when you make a general or specific telephone enquiry;
- • when you engage us or discuss engaging us to provide services or advice to you;
- • when you negotiate with us in respect of purchasing or renting a property;
- • when you provide your details to us at a sale or rental (private or public) "open for inspection" property or an auction;
- • when we inspect a rental property or property for sale;
- • when you provide to us or we collect your business card;
- • when you visit our website and complete an on-line enquiry or a form for the purpose of requesting and/or accessing certain services on our website;
- • when you send an email to us;
- • from third parties such as credit reporting agencies;
- • from publicly available sources of information; and
- • through analysis of the Social Media Sites conducted by us or by third parties on our behalf;
- • any other collection of or incidental or directly or indirectly related to the services we may be able to provide to you.
Pursuant to the Jellis Craig franchise agreement, we collect certain information about Jellis Craig franchisees' clients, suppliers, employees and franchised businesses including financial information. This information may be obtained from each Jellis Craig franchisee directly or obtained from third parties such as the franchisees' lending institutions, financiers, suppliers, creditors, clients and employees or government departments or authorities.
We can obtain information through our website if you send an e-mail message and complete an online enquiry. When you look at our website, we may make a record of your visit. The following information may be logged for statistical purposes:
• your Internet protocol (IP) address;
• the date and time of your visit to the site;
• the pages you have accessed and documents downloaded; and
• the type of browser you were using.
Any such statistical analysis does not identify you.
Tracking technologies such as cookies may be used on our website to recognise a user’s browser each time that user visits our site and to track which pages the user visits whilst on our site and also to push advertisements to your internet protocol address. Cookies are pieces of information that a website transfers to a computer’s hard drive for record keeping purposes. Most web browsers are set to accept tracking technologies such as cookies. These tracking technologies do not personally identify the user. If you do not wish to receive any cookies you may set your browser to refuse them. However, your use of our website may be affected.
If you view the online webpage relating to any of our properties for lease or sale, you may enquire further about the property by manually completing an online enquiry form or by authenticating your details through your Facebook or LinkedIn account. If you choose to authenticate your details via your Facebook or LinkedIn account, we will be provided with the following information and/or Personal Information:
• Facebook or LinkedIn username;
• Email address;
• Phone Number; and
• Address (if you have provided Facebook or LinkedIn with these details).
If you ‘like’ or 'follow' us or a property via our Facebook or Linked In pages, we may be able to view your Facebook page, subject to your Facebook privacy settings.
How do we use your Personal Information?
Any Personal Information that we collect will be used by us to enable us to provide you with the services that you have requested or otherwise to enable us to carry out our functions as professional real estate agents and for the following purposes:
• supplying our products and services to you;
• providing quality assurance for our services;
• responding to your enquiries and feedback regarding our business, our products and services;
• monitoring the performance of our business;
• marketing including email marketing, promotional and educative activities, including advising you about investment opportunities and other matters that we believe may be of interest to you;
• Obtain feedback from you and to promote other goods and services provided by us and our affiliates;
• enforcing the terms and conditions of our engagement with you;
• ensuring compliance with our statutory obligations;
• conducting appropriate credit checks; and
• referral to a mortgage broker or financier, subject to express consent.
How do we disclose your Personal Information?
We do not and will not rent, sell or otherwise disclose your Personal Information to any other company or organisation, without your prior consent, where that consent is required by law.
You specifically authorise us to use and disclose your Personal Information in the following ways and for the following purposes:
• of or incidental to promotion and marketing to you of our services or those of our business partners or affiliates, including but not limited to advising you about investment opportunities and other matters that we believe may be of interest to you;
• to media organisations, including on the internet, to potential buyers or to existing or potential clients, to property inspection consultants, property valuers, business valuers, to owners corporations, to government and statutory bodies, financial institutions or financial products and services providers;
• to the vendor or landlord of a property where you are either a purchaser, tenant, prospective purchaser or prospective tenant;
• to other real estate agents or other third parties if required by a landlord or a landlord's financier or legal representative, for the purpose of appraising or valuing a property;
• to potential landlords and tenants, to trades people and to other persons to whom we outsource functions of or incidental to acting for a landlord or a tenant;
• to the general public when advertising or marketing your rental property (or your home if you are our tenant) including internet advertising or marketing, for the purposes of re-leasing or selling the property;
• to the landlord, referees, the relevant Bond Authority, other agents and third party operators of tenancy reference databases including where a tenant has failed to comply with any contractual obligations specified in the relevant tenancy agreement and to other sources necessary to identify and evaluate a potential tenant;
• between the various Jellis Craig entities including between the franchisees and the franchisor where required by the relevant franchise agreement or franchise or other operations manuals and of or incidental to carrying out our respective functions as the Jellis Craig franchisor or a Jellis Craig franchisee;
• to lending institutions, financiers, creditors, prospective franchisees and suppliers as permitted by the franchise agreement;
• to third party consultants who may from time to time manage our database or computer system;
• of or incidental to a sale of all or part of our business to a third party;
• as required by law, including where requested by police; and
• any other disclosure of or incidental to our carrying out our functions as professional real estate agents.
In relation to the Personal Information of franchisees, the purposes include those mentioned above and also the following:
• conducting appropriate credit checks;
• verifying information required under any franchise agreement, including by accessing and assessing information received from suppliers, referees, insurers, banks, or any other entity;
• to conduct checks for compliance with the franchise agreement and relevant law;
• providing franchisee support; and
• all other things of or incidental to carrying out our role as a franchisor.
Disclosure of your Personal Information via Social Media Sites
By engaging in any Social Media Activity on our Social Media Sites, you agree to and are subject to the terms and conditions of such Social Media Sites. Any Personal Information pinned or posted or uploaded by you onto Social Media Sites can be disclosed in accordance with the terms and conditions and privacy policies of such Social Media Sites.
Generally, photos and other material pinned or posted to Social Media Sites will be able to be viewed by the general public. Such photos and other material may be re-pinned and re-posted by others indefinitely and will be visible by anyone visiting the locations to which the photos or other material have been re-pinned. You may be able to remove the photos or other material that you have pinned or posted from the location at which you pinned or posted it. However, any material that has been re-pinned will be out of our control and neither you nor we will be able to remove it from any re-pinned location. We are not responsible for any material that has been re-pinned or re-posted.
We reserve the right to remove any photos, comments or other material that is in any way inappropriate or offensive (in our opinion) from our Social Media Sites.
Cross Border Disclosure
We do not actively disclose your Personal Information overseas unless it is required for us to provide our services. However, some programs, software, online tools, or Social Media Sites used by us, may be based in and/or housed overseas. Our use of such products may involve disclosure of your Personal Information to such organisations overseas. Use and disclosure of your Personal Information by such overseas organisations is in accordance with the terms and conditions and privacy policies of such organisations.
If you consent to disclosure of some of your Personal Information in this manner, we are not required to take steps as are reasonable in the circumstances to ensure that such organisations do not breach the APPs in relation to the disclosed information. Having been informed of the possibility that such disclosure may occur, you consent to that disclosure by undertaking or continuing to undertake the type of activities indicating your consent, as specified above.
You acknowledge that where we reasonably determine it to be appropriate, we may add some of your Personal Information including your name, address, phone numbers, facsimile number and email address to our databases or databases of our related companies. The databases will be used for ongoing marketing and sales related purposes or to advise you of the other services we, our franchisees or our business partners or affiliates can offer.
The type of marketing and sales activities that we undertake includes sending material to you so that you are kept updated in relation to various property related issues or other services that we can offer you.
In each direct marketing communication that you receive from us we will attach prominent and simple instructions on how you can immediately unsubscribe from our mailing list. In any event, you can opt out from receiving direct marketing material by emailing our Privacy Officer or the Privacy Officer of any of our franchisees and asking to be removed from the mailing list. Alternatively, you can fax or mail a request asking for deletion. Contact details are set out below. There is no fee for such deletion.
We are committed to ensuring the security of your Personal Information and we will take all reasonable steps to protect this Information from misuse, interference, loss, unauthorised access, modification or disclosure, including:
• ensuring the physical security of our premises and databases/records;
• restricting access to personnel who need that information in order for us to be able to provide our products and services; and
• industry standard technological measures, such as computer passwords, data back-up, anti-virus software and firewalls.
Please note that our website does not provide systems for secure transmission of Personal Information across the internet, except where otherwise indicated. When emailing or providing Personal Information to us via our website, please be aware that there are risks involved in transmitting such information across the Internet.
Our website contains links to other websites. We have no control over the privacy practices employed at other websites and we accept no responsibility for Personal Information provided via unsecured websites.
We cannot provide any guarantee with respect to the security of your Personal Information and we will not be liable for any breach of security or unintended loss or disclosure of information due to the website being linked to the Internet.
Access to Your Personal Information
There is a Privacy Officer at our corporate office and one for each of our franchisees. Our Privacy Officers will ensure that your Personal Information is accurate, complete and up to date and relevant to the purpose for which we are able to use your Personal Information.
We take reasonable steps to destroy or permanently de-identify Personal Information that is no longer required. However, we may be required by law to retain our files and file information which contain your Personal Information for up to seven years.
If you wish to amend your Personal Information because it is inaccurate, out of date, incomplete, irrelevant or misleading, please contact one of our Privacy Officers. If we refuse to amend information we hold about you, we will let you know why.
When your Personal Information is amended, we will take reasonable steps to inform third parties to whom we have disclosed your Personal Information, so that they can amend their records.
Changes To The Statement
If you believe that we have not complied with our obligations pursuant to the Act, or have a complaint about the use or disclosure of your Personal Information by us, please contact our Privacy Officer.
Our Privacy Officer is responsible for liaising with you and with the relevant agency staff to ensure that the issues you have raised are fully examined, and that your complaint is handled in accordance with this process.
¬We will treat the process, and all the details of your complaint, in strict confidence. If we need to discuss any issues arising from your complaint with someone outside of the agency, we will obtain your consent first.
We will always try to give you a fair opportunity to explain your case. You should make your initial complaint as clear as possible. Please provide as much detail as possible about the nature of your complaint including the outcome you would like in order to resolve the matter. We may want to meet you in person to discuss your concerns and try to find a satisfactory solution.
What action will we take in response to your Privacy complaint?
We will endeavour to resolve your complaint as soon as possible. However, the length of this time will depend on the nature and complexity of the issues you have raised.
If appropriate, we will refer the matter to the Privacy Officer of the relevant franchisee agency in the first instance. You will receive acknowledgement of receipt of the complaint from us or them within approximately five business days. You will be given an estimate of how long it may take us to deal with the matter but we will endeavour to finalise the matter within 30 days.
If we decide that your complaint is justified, we will then decide what action we should take in response. We will always try to match our response to the nature of your complaint and your desired outcome, but this may not always be possible.
Some of the things that we decide to do include:
• Take steps to rectify the problem or issue you have raised
• Provide you with additional information or advice so you can understand what happened or how we have dealt with it
• Take steps to change our policies or procedures if your complaint identifies a problem in the way we are doing things
Sometimes it will not be possible to resolve a complaint to everyone’s satisfaction. If the matter has been referred to the franchisee but has not been resolved to your satisfaction, it will be referred back to us as franchisor and we will contact you to attempt to resolve the matter. If we are still unable to resolve the matter, you may wish to escalate the matter to the Privacy Commissioner via an online privacy complaint form which can be found at: http://www.oaic.gov.au/privacy/making-a-privacy-complaint.
Jellis Craig Corporation
By visiting and using this website you agree as follows:
Jellis Craig Corporate Pty Ltd, its directors, partners, employees and related entities responsible for maintaining this website believe that the information contained on this website is correct. However, no representation or warranties of any nature whatsoever are given, intended or implied, and you should rely on your own inquiries as to the accuracy of any information or material available from this website.
Please note that information provided on this website is general information only, is subject to change without notice and should not be relied on as a substitute for legal, financial, real estate or other expert advice. Jellis Craig Corporate Pty Ltd disclaims all liability and responsibility, including for negligence, for any direct or indirect loss or damage suffered by any person arising out of any use of this website or any information or material available from it.
All material available or accessible from this website is copyright material owned by Jellis Craig Corporate Pty Ltd. Apart from fair dealing permitted by the Copyright Act 1968, visitors to the site are granted permission to download and display any of the website material for private purposes only.
For intended use of any copyright material beyond private or research uses, no part of this website may be used, produced or copied by any means or in any form without the prior permission of Jellis Craig Corporate Pty Ltd.
How to make a complaint
Jellis Craig aims to make it easy for you to bring any problems or complaints to our attention.
You should first raise your issue with the agent, representative or property manager who is handling your business.
If you are not satisfied with the outcome from the relevant Jellis Craig representative, you can also make a complaint to your local Complaint Officer as detailed in the table below:
BALWYN, HAWTHORN, GLEN IRIS
BENTLEIGH, BRIGHTON, CARNEGIE
BLACKBURN, WHITEHORSE RENTALS
MACEDON RANGES, CENTRAL HIGHLANDS
Please provide as much detail as possible about your complaint, including the outcome you would like.
If you need help to describe or send your complaint, or if you would like to discuss your concerns informally first, please feel free to contact us.
How we will handle your complaint
We will oversee the complaints process. We are responsible for working with you and relevant agency staff, to ensure that the issues you raise are fully examined and that your complaint is handled in accordance with this process.
We will treat the process, and all the details of your complaint, in strict confidence. If we need to discuss any issues arising from your complaint with someone outside of the agency, we will obtain your consent first.
We will always try to give you a fair opportunity to explain your case. You should make your initial complaint as clear as possible. Sometimes we may want to meet you in person to discuss your concerns and try to find a satisfactory solution.
How long will it take?
We will try to resolve your complaint as soon as possible. However, how long this takes will depend on the nature and complexity of the issues you have raised.
We will send you acknowledgment of receipt of the complaint within two business days. We will always try to match our response to the nature of your complaint and your desired outcome, but this may not always be possible.
What action will we take in response to your complaint?
If we decide that your complaint is justified, we will then decide what action we should take in response. We will always try to match our response to the nature of your complaint and your desired outcome, but this may not always be possible.
Some of the things we might do include:
- take steps to rectify the problem or issue you have raised
- give you additional information or advice so you can understand what happened or how we have dealt with it
- take steps to change our policies or procedures if your complaint identifies a problem in the way we are doing things.
What if you still feel your complaint remains unresolved?
Sometimes it will not be possible to resolve a complaint to everyone's satisfaction, and you might want to escalate the matter to the Estate Agents Resolution Service (EARS) at Consumer Affairs Victoria.
EARS can deal with enquiries and complaints about real estate agents and offers information, advice and dispute resolution services on real estate issues.
You can telephone EARS on 1300 73 70 30 weekdays to discuss your complaint.