Real Estate Agents warned against breaching Spam Act in Australia


We have long advocated the use of opt in only databases used for email marketing. You simply can get far too much negative feedback, poor publicity and can even get blacklisted if your email marketing becomes SPAM.

Regardless of how you built your database, you simply must always include the ability to unsubscribe or instructions on how to unsubscribe. This is simply good business practice, and in some countries, a legal requirement. In Australia it has been law for some years now to include the ability to unsubscribe from any bulk marketing email and it is not starting to be rigorously enforced.

The Australian Communications and Media Authority has issued a formal warning to an Australian Real Estate Agency for breaching the Spam Act. Danielou Pty Ltd, trading as Elders Real Estate Wollongong, breached the Spam Act by sending emails without an unsubscribe facility.

The full press release is provided below:

“Real estate agency breaches the Spam Act

The Australian Communications and Media Authority has issued a formal warning to Danielou Pty Ltd, trading as Elders Real Estate Wollongong, following an investigation that found the real estate agency breached the Spam Act 2003 by sending commercial electronic messages without an unsubscribe facility.

‘This is the first enforcement measure taken against a real estate agent since an ACMA awareness campaign about unsolicited communications targeted at the real estate sector,’ said Chris Cheah, acting Chairman of the ACMA.

The campaign was held in response to the ACMA’s concerns about widespread non-compliance with marketing obligations by members of the real estate sector. The ACMA wrote to more than forty head offices of leading real estate franchisors and companies in 2009, informing them of key obligations and providing links to online training and resources to increase awareness of legal obligations and of the consequences of non-compliance.

‘It is disappointing that some real estate agents do not appear to have taken the opportunity to understand the requirements for complying with the Spam Act,’ Mr Cheah said.

The ACMA has a tiered approach to compliance and enforcement. While education is the first step, stronger enforcement action will be used if compliance is not achieved.

‘Real estate agents should consider themselves to be on notice,’ Mr Cheah added. ‘Members of the industry need to understand that, even when they are dealing with potential buyers on a one-to-one basis, these interactions are commercial and they need to comply with spam and telemarketing laws.’

Commercial electronic messages must be sent with the recipient’s consent and include a statement that the recipient can use an electronic address, provided in the message, to send an unsubscribe request. During the course of this investigation, the ACMA identified messages sent by Elders Real Estate Wollongong that did not contain unsubscribe wording to this effect.

The ACMA has taken a wide range of enforcement action against non-compliant ‘spammers’ in the last twelve months, including recent action in the Federal Court which resulted in significant penalties being imposed on both individuals and companies.

Under the Spam Act, potential penalties of up to $1.1 million per day may be imposed by the Federal Court for repeat offenders”

The simple rule is always include the following text or something to this effect:

Important Information: If you are not the intended recipient, please ignore this email. This communication has been prepared by . To unsubscribe from this email please reply with ‘unsubscribe’ in the subject line.

A suit the provides protection to Swine Flu! Just what every busy real estate agent needs.

Not the usual content that I blog about, but I thought this was great (in a funny way). A Japanese company has produced a suit that supposedly protects against the HIN1 (swine flu).

A lot of agents might think that they need some form of protection from difficult customers, well now they have it! In the form of a swine flu resistant suit! Well at least protection from the customers sick children.

All they need to do now is build in an I-Phone with a microphone and ear piece on the collar and maybe your own QR Code on the sleeve so anyone can quickly scan and get your details – then you have the complete mobile package!

Visit here for the full story

Interesting Report Showing Green Rated Buildings Rent for More

This is an interesting report that has just come out that is probably the first detailed analysis of the commercial benefits of a Green Rated building from a Developers or Owners perspective.

The report analysed 694 Green Rated buildings and compared them to around 8000 non- green rated buildings to determined the comparative difference in rental returns. The report finds that a Green Rated building on average will lease for 2% per sq.ft higher than non-green rated buildings, with the difference in effective rent being around 6% (by virtue of less incentives as well as tenants in Green Buildings paying higher outgoings).

The one issue not addressed is the difference in build cost, and therefore whether these increased rents are enough to compensate for the increased build costs.

A 2007 report by David Langdon in Australia reported that initial constructions costs on (above comparable none Green projects) was likely to be in the order of 3 – 5% for a 5 star solution, with an impact of a further 5% plus for a 6 star non iconic design solution.

So in my mind this poses the underlying problem as to why more building are not being built to the various Green Star ratings. The economics are not compelling at this time. They are however very close as we can now see and all we would need is strong shove in the right direction to make building Green buildings compelling.

Government subsidies can of course make all of the difference. Attractive tax benefits alone would make the decision to build Green buildings compelling.

This is of course only one side of the energy issue as far as it concerns construction. What we are looking at here is the level of emissions and overall sustainability of the building once constructed. The major emissions however occur in the construction stage, primarily by virtue of the material used. For example a house made from wood, involves cutting down trees, processing the timber and then the physical construction itself, all of which have a negative emissions effect.

For those interested in the amount of carbon embodied in the construction of a new building, here is a calculator that helps you arrive at a estimate:

Here is the link to the Doing Well by Doing Good paper –

Here is the link to the David Langdon report on “The cost and benefit of achieving green buildings” –




You can find the full report here –

Buyers Flocking back to property markets. It’s been a while since I have seen a headline like this!

This is an article I read today in the Illawarra Mercury. It made me smile as it has been a while since we have seen these types of articles.

Excuse me for being a pessimist, but I might just wait until I start celebrating the start of the next property cycle (when property prices will start rising again). I think the best that we can hope for at the moment is that the market has stabilised. If so then buyers will come back. I believe that we are getting close to that point now. With interest rate falls and a stabilisation in the stock market, with overall economic conditions are far less erratic than last year, I can see buyers entering the market with enough confidence to take action (purchase).

The real risk in our economy now are further macro-economic events from the world economy. Another Leahman Brothers or , more likely in my view, a geo-political event in any of the developing world, must still be rated as being of significant risk. I have not seen any recent surveys on business confidence, but I would be guessing that it would only have slight improvements so far. I think we need a few more solid month’s under our belt before business confidence can start to rebuild. In the property context, this means less supply of new land, houses and apartments.

I can really see a unique environment developing in the property sector. The low interest rates and first-buyer grants will continue to produce demand for property in this sector. The very poor economic environment world wide, with the resulting poor confidence and lack of readily available finance, will result is significantly reduced supply of new properties. The two obviously don’t sit well together. So the great irony will be that at this stage those developers who do have suitable stock available or in the pipeline, and who have managed to sort their finances, there is probably the potential for price increases in the near future.

The global internet audience surpasses 1 billion

According to Comscore, a company that measures pretty much anything digital, the world now has over 1 billion internet users, with China being the country with the most users. as you can see in the below stat’s, the largest number of users are in the Asia Pacific region (which includes Australia).



Total Worldwide Internet Audience: Regional Breakdown

Ranked by Total Unique Visitors (000)*

December 2008

Age 15+, Home & Work Locations

Source: comScore World Metrix


Total Unique Visitors (000)

Share of Total Worldwide Internet Audience (%)




Asia Pacific






North America



Latin America



Middle East & Africa



China represents the vast majority of these users, and will continue to do so into the future as the % of internet users in that country continue to increase. Japan, India and South Korea also feature in the top countries.

You can find the full article here –

What does this mean for property companies around the world? Well most do not currently focus at all on any market other than their immeidate local market. Many do not even look at the entire domestic market let alone the international market. However as capital continues to flow from the western economies to the developing world, it will be essential for leading property firms to establish a solid understanding of these markets, and mechanisms for penetrating them. This means have multi-lingual skills, networks and systems that support international property transactions.

Brightfox is one of the few genuinely international technology firms in the world that focus exclusively on the property industry. With offices in Australia and the UAE, and customers in many countries around the world, we have developed significant experience in assisting our clients open up and do business in a wide diversity of markets. We have also spent many years now customising our software and systems to ensure they meet these specific requirements, which is also very unique.

I suppose the best example of the international focus of our business is the range of languages we speak. They include Arabic, English, Mandarin, Cantonese, Hindi, Portugese, Spanish, Farsi and Sinhala.

Buying homes in the US for $1000 (or less)

I read an interesting article on CNN about purchasing homes for as little as $500 in many cities in the US due to the dire financial circumstances the US is in. You can see the article here –

So I went to to check out some of these places for myself. Here is a list of some of the more presentable  $1000 homes I could quickly find in Detroit.

Sounds like great value – but there is one catch!

You need to sign an affidavit that you will fix the home up to a habitable state. So you will need to add a little to the prices, however still great value I suppose.

In the past property has always fared some much better than shares in recessions. The basic reasons for this is the fundamental characteristics of the property market – namely it is rather illiquid (homes can not be sold easily such as shares – it takes time and money) and the majority of residential property are people’s homes and not investments, which as a result is one of the last things sold even when times are tough.

The big difference in the US now is that when times are so tough that hanging on to a home is not possible, this impediment to significant price reduction is removed. So whilst property is still illiquid as compared to shares, in markets such as the US it is suffering price depreciation at least as significant as the share market.

In Australia and the UAE (where we have offices), the drop in the share price has still superseded property price falls, at least for the time being, and given that both economies are genuinely sound, this should continue to be the case in my view. secure deal with

In a pretty significant annoucement has done a deal with to run the property section of the website.

Going to property on the site will take you to this site – which is similar to how was integrated with It brings content into the site but displays in a separate site to the normal The reason for this is no doubt to give control over advertising on this site, which Domain can not do on its own site for obvious reasons.

This will no doubt significantly increase traffic to, and I think is a very wise move. For many years now I have felt that has not been aggressive enough in competing against This and the ebay deal mark a significant change in strategy and indicates that they are getting serious about trying to take on and not simply remain the distant 2nd portal in Australia.

To catch up to is a big task and it is going to take a lot more than just this deal, but I think it is a real positive and is certainly making me look at in a different light (a more favourable one).

Cityscape Dubai Oct 2008

Every year we exhibit at Cityscape Dubai, with this years exhibition due to start shortly.

As the largest property exhibition in the world for property professionals it is a huge show. This year they are expecting over 60,000 people!

For any of our clients that will be attending Cityscape Dubai, please let us know that you will be coming as we would be more than happy to help show you around and give you some ‘inside’ knoweldge on the UAE market.