Dianella real estate agent banned

Dianella real estate agent, Alexander Landa, who has been previously fined for misconduct, has today been disqualified from the industry for two years.

The Court of Appeal of the Supreme Court of Western Australia today (4 November 2009) upheld an appeal by the Real Estate and Business Agents Supervisory Board.

The Court of Appeal decided that reprimands and fines ordered by the State Administrative Tribunal against Mr Alexander Landa, who trades as Alexander Landa and Associates Real Estate, be substituted to his licence and triennial certificate being cancelled and that he be disqualified from holding a licence and a triennial certificate for 2 years.

The decision of the Court takes effect from 16 December 2009.

The Court of Appeal found that certain orders of the Tribunal which imposed disciplinary action were inadequate.

The Court of Appeal said that the purpose of disciplinary proceedings is not to punish the agent but to protect the public and maintain proper professional standards. It said that certain conduct of Mr Landa constituted a very serious departure from the fundamental obligations of a real estate agent.