ACCC institutes against land agent's selling scheme for misrepresentation of ACCC approval

The Australian Competition and Consumer Commission has instituted proceedings in the Federal Court, Adelaide, against Set Sale Realty Pty Ltd and its director Mr David Pilling for alleged false and misleading representations made about the Pilling System, a real estate property selling system.

Set Sale Realty owns the trademarks 'Set Sale', 'Buyer Enquiry Range' and 'Buyer Ranged' and trades under the name Pilling Systems. Set Sale Realty promotes a real estate property selling system which uses these trademarked terms and has licensing agreements with real estate agents in South Australia, Victoria, New South Wales, the Australian Capital Territory and Tasmania to use the system.

The ACCC alleges that in January 2004 Set Sale Realty sent to its licensee real estate agents an email and attached notice which claimed that the ACCC had approved the Pilling System. The notice was designed to be used by real estate agents in the information kits they provided to prospective vendors.

The ACCC alleges that the representations are false and misleading in breach of sections 52 and 53(c) of the Trade Practices Act 1974 because the Pilling System does not have ACCC approval as claimed.

The ACCC is seeking court orders including:

• declarations
• corrective advertisements
• injunctions
• a compliance program and
• costs.

The matter has been listed for a directions hearing in the Federal Court, Adelaide, on 15 September 2004 at 9 a.m.