Perth Nigerian scam estate agent faces disciplinary action for alleged lack of diligence in $410,000 sale

It was marketed by LJ Hooker under the ironic headline “LOOKS CAN BE DECEIVING!!!” and sold within six days.

But what eventuated as an Nigerian scam sale has prompted Western Australia's Consumer Protection to begin disciplinary action against the Mirrabooka selling agent.

Following the fraudulent sale last year the department has lodged an application with the State Administrative Tribunal to hear the case against Samykannu Pty Ltd, trading as LJ Hooker Mirrabooka, and licensee John Samykannu.

It is for alleged breaches of the real estate agents’ code of conduct.

The legal action follows an investigation by the Property Industries branch of Consumer Protection into the circumstances surrounding the sale of the home in April last year without the real owners’ knowledge or consent. It was a brick Ballajura house located 14 kilometres north of Perth.

The owners discovered they had become victims of identity fraud perpetrated by scammers in Nigeria when they returned to Perth to inspect the property in August.

The snappily sold house (the marketing said “FIRST TO SEE WILL GRAB IT!”) had settled months before without the knowledge or consent of the absentee landlord owner.

The proceeds from the sale, almost $400,000, had been sent to a bank account in China.

The Commissioner for Consumer Protection will allege that the agency LJ Hooker Mirrabooka and agent John Samykannu did not exercise due skill, care and diligence by failing to properly verify the identities of the vendors.

It is further alleged that the agent failed to act in the best interests of his clients and failed to act in accordance with their instructions by not contacting them via the details listed on the "authority to act as managing agent" agreement for their property.

A date for the hearing against the real estate agent has yet to be set. The codes of conduct for real estate agents, sales representatives and settlement agents were strengthened in October last year by the state government.

The department says clear guidelines issued to all agents to ensure more stringent identity checks will reduce the chance of fraud attempts being successful in the future.