Property Secrets' Paul Giezekamp avoids tribunal hearing

According to information obtained by Property Observer, Property Secrets' Paul Giezekamp has been called to a Consumer, Trader & Tenancy Tribunal (CTTT) hearing by previous client Kerry Ann Stevenson.

Giezekamp has been called to appear at the Penrith Tribunal office on Monday November 11 2013, along with his company P.S. Enterprises Australia Pty Ltd, trading as 'Property Secrets'.

Stevenson paid Property Secrets a buyer's agents fee for a property in Cambridge Park and for another property in St Marys, as well as organised property management, renovations and granny flat builds through the company.

Stevenson's argument is in part related to allegations seen on Today Tonight, that Giezekamp did not disclose commissions relating to improvements made to her investments.

A $0 to $2,750 figure is listed on the original Property Agents Disclosure Form as coming from the property management company, which Stevenson claims is the only legitimate commission listed.

This is one of a number of times she has attempted to take Giezekamp to tribunal.

Stevenson said that she has had to organise multiple hearings, as when she called Property Secrets to tribunal the company trading under the name had gone into voluntary liquidation.

Currently, P.S. Enterprises Australia Pty Ltd is listed on the ASIC website as having a status of 'in liquidation' with an appointment date of August 1 2013. Giles Geoffrey Woodgate was appointed liquidator.

Stevenson told Property Observer that Giezekamp will not be attending the November hearing.

"I have been told [by CTTT] that he will not be attending as he is no longer the director of Property Secrets, and P.S. Enterprises is in voluntary liquidation," Stevenson said.

The CTTT have since confirmed his planned non-attendance at the hearing.

Stevenson said that she wants the commissions that he was paid given back to her, and warns that she does not see the point of going back to the CTTT "to be told they can't do anything".

Another client is also attempting to take Giezekamp and P. S. Enterprises Australia Pty Ltd to the CTTT, this time at the Sydney Tenancy office on November 1 2013 at 9.15am.

"The matter listed for 1 November in Sydney is still proceeding to hearing but likewise Mr Giezekamp has advised he will not be attending as the company is in liquidation.  There is a third application which has only just been received and has not been given a hearing date as yet but I would expect that it will be exactly the same situation and that Mr Giezekamp will not attend," CTTT manager, resources and executive services, Karen O'Rourke, said.

In another document provided to Property Observer, emails show Giezekamp confirming his non-attendance at the Sydney CTTT. The email is dated September 14 2013.

"Property Secrets was a trading as name only...so again P.S. Enterprises Aust P/L is the only entity associated with [client name withheld]."  

The email then notes the following:  

"Paul Giezekamp was a director of P.S. Enterprises Aust P/L but is no longer a director - also, the company is in liquidation.  

"With these above points, there is no jurisdiction and Paul Giezekamp or any representation from P.S. Enterprises Aust P/L will not be attending".  

There have also been claims from other clients that they were unaware of any commissions relating to the build or renovations on their properties bought through Property Secrets.  

Another client, with an investment property bought through the company in Tregear, also said that the property management commission was the only one disclosed on his Property Agents Disclosure Form.  

Meanwhile, another client, Navid, who purchased his first investment through Property Secrets in St Marys, said that he didn't know much about property at the time and was "young and naive".  

On a copy of his Property Agents Disclosure Form, signed by a P.S. Enterprises Aust P/L representative but not himself, it shows just one commission: a '$0 - $2,750' property management referral.

Under this training and purchasing part of the process that Navid was provided by Property Secrets, for an invoiced $8,990 in 2011, the Terms and Conditions state:
21. Disclosure

The client acknowledges that the agent can and may refer the client for professional services associated with the sale or purchase. The client further acknowledges that the agent may expect to derive consideration, either monetary or otherwise from the referral.

The client acknowledges that a third party may derive consideration, either monetary or otherwise from the referral.

The agent will not obtain or seek to obtain any consideration from a third party until the client has been disclosed of the nature, source and amount of any benefit the agent will receive from the referral - Such details are found in the completed prescribed form.

The client acknowledges by their signature at the foot of this document and at the foot of the prescribed form that the agent has duly disclosed to the client all benefits that may be due and payable to the agent and / or other third parties.

Overall, however, the area did go up in value and Navid did not lose money.  

Giezekamp provided a "no comment" response when contacted.

Jennifer Duke

Jennifer Duke

Jennifer Duke was a property writer at Property Observer

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