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Australia’s regulator sues APA over $50K trust fund breach post-contract cancellation.
Consumer Protection is taking the Australian Property Alliance, formerly Nicheliving, to the State Administrative Tribunal over allegations it improperly withdrew $50,000 from a customer’s trust account before strata registration and after contract cancellation.
The funds were later repaid, but the release is accused of violating trust laws and standards of honesty, especially as APA also acted as a real estate agent.
A hearing is set for March 10, with potential penalties including licence cancellation.
The case follows Nicheliving’s 2024 collapse, which left 230 homes unfinished and prompted a $40 million taxpayer-backed insurance plan and a $2.7 million surety from directors’ family trusts to rescue the company.
ASIC is also investigating.
Energy Minister Amber-Jade Sanderson urged homebuyers to choose builders carefully, warning of broader industry damage.
El regulador de Australia demanda a APA por un incumplimiento de fondo fiduciario de $ 50K después de la cancelación del contrato.