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  • Profile photo of BullmarketBullmarket
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    @bullmarket
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    Profile photo of Scott No MatesScott No Mates
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    @scott-no-mates
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    the requirements for becoming a valuer & a real estate agent or business agent are completely different requiring different licenses for each.

    The mere fact that a valuer may also hold an re licence as different standards are applied to a valuation compared to an appraisal.

    Many large corporate real estate firms provide a variety of services for owners eg asset management, facilities management, project management, property management, lease management, leasing, sales, consultancy & tenant representation.

    No one questions accountants for providing financial services & planning.

    Profile photo of BullmarketBullmarket
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    @bullmarket
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    Thanks Scott

    I have done some research.

    There is no national legislation, no national regulation or licensing requirements, no national code of ethics and no national accreditation standards for valuers?

    Legislation, regulation, licensing and codes of ethics are state by state. Some states do not have relevant legislation, regulation, licensing or code of ethics. In these states Valuers may be registered members of the Australian Property Institute (API) http://www.propertyinstitute.com.au/

    The Australian Property Institute comprises members who are Valuers, property managers (Real Estate Agents), property educators, property lawyers, professional property advisors (Real Estate Agents), and analysts, bankers, fund managers, and accountants.

    So valuers, real estate agents, developers and lenders all under one umbrella!

    The API is not regulated by specific legislation and there are only institute penalties if members contravene a code of practice. There is no independant watch dog to regulate these guys.So industry self regulation only, to protect the public and consumers.

    This industry is not like other professional industries that have national legislation, national regulation, national standards, national code of ethics etc e.g. see the Australian Health Practioners Regulation Agency http://www.ahpra.gov.au/ and the Medical Board of Australia http://www.medicalboard.gov.au/

    Based on my research there are limited or nil legal penalties if valuers get it wrong or seen to act in the best interest of other parties (lenders, developers etc)

    I am happy to share my research data with you indicating state by state what legislation, what regulation, what standards and what legal penalties apply to valuers.

    At this point in time the Valuer Industry offers all care and no responsibility..

    Not alot of protection for the consumer?

    cheers

    Profile photo of Scott No MatesScott No Mates
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    jontapp wrote:
    I have done some research.

    There is no national legislation, no national regulation or licensing requirements, no national code of ethics and no national accreditation standards for valuers?

    The reason being is that valuers are registered/licensed by the Office of Fair Trading in the state in which they work. Land titles are state-based not nationally governed (Australia is a federation of states).

    jontapp wrote:
    Legislation, regulation, licensing and codes of ethics are state by state. Some states do not have relevant legislation, regulation, licensing or code of ethics. In these states Valuers may be registered members of the Australian Property Institute (API) http://www.propertyinstitute.com.au/

    The Australian Property Institute comprises members who are Valuers, property managers (Real Estate Agents), property educators, property lawyers, professional property advisors (Real Estate Agents), and analysts, bankers, fund managers, and accountants.

    So valuers, real estate agents, developers and lenders all under one umbrella!

    The API is essentially the professional body which represents valuers at both the national and state levels. The alternative body is the Australian Institute of Valuers . The API has two branches – general property professionals (AAPI) and valuers (CPV). They are not all in the one category.

    jontapp wrote:
    The API is not regulated by specific legislation and there are only institute penalties if members contravene a code of practice. There is no independant watch dog to regulate these guys.So industry self regulation only, to protect the public and consumers.

    The API and AIV are private, independent associations just like the REI, Master Builders Association, Australian Institute of Building, Housing Industry Association, CFMEU, Nurses Association, Teachers Association etc. They are governed by their own constitution not by specific legislation(other than ASIC).

    They are at the elite end of the spectrum, the industry body which makes representation to government (lobby group for the property industry) at the other end they set the standards for educational requirements/outcomes for Professional Property Degrees, Postgraduate degrees, TAFE courses etc ensuring that their standards are comparable to the Royal Institue of Chartered Surveyors (RICS) etc. Their membership is selective generally requiring a degree in Land Economics as a minimum standard, unlike the REI or EAC who will accept the uneducated masses of real estate agents.

    jontapp wrote:
    This industry is not like other professional industries that have national legislation, national regulation, national standards, national code of ethics etc e.g. see the Australian Health Practioners Regulation Agency http://www.ahpra.gov.au/ and the Medical Board of Australia http://www.medicalboard.gov.au/

    Based on my research there are limited or nil legal penalties if valuers get it wrong or seen to act in the best interest of other parties (lenders, developers etc).

    Valuation is not a science – it requires an understanding of market conditions, up to date information for market analysis, a highly analytical mind, understanding of town planning and the ability to make skilled/relevant assumptions. They are not swayed by emotion (like heated bidding at an auction), have the benefit of hindsight (rely on facts, market data, historical sales information not trends or crystal balls) and carry professional indemnity insurance (very hard to prove that the valuer got it wrong unless they excluded specific comparable properties without good cause).

    Valuations are provided for the benefit of the party who has engaged them (valid for up to 3 months depending upon market condition), it is then up to the valuer to agree to extend that liability to other parties not for a purchaser to assume that the englobo valuation provided to the bank for mortgage purposes (prior to the commencement of construction several years ago) has been done to the same exacting standards as a valuation which has been instructed by a purchaser of a specific unit.

    jontapp wrote:
    At this point in time the Valuer Industry offers all care and no responsibility..

    Not alot of protection for the consumer?

    Consumer protection is provided through licensing – all valuers must be licensed through the relevant Office of Fair Trading, they must meet educational requirements which are legislated in each state. There are penalties which can be enforced by the OFT.

    PS: I am not a member of either the API or AIV.

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