Lesson 8 – Complaints and Practical Referral-Fee Disclosures

8.1 Common complaints

Referral-related complaints may allege that:

• The fee was not disclosed;
• The disclosure was hidden;
• The amount was incorrect;
• The customer believed the provider was compulsory;
• An offer was delayed or withheld;
• The provider was described as independent when it was connected;
• The customer’s information was shared without authority;
• The recommended provider gave poor service;
• MyEstate ignored previous complaints about the provider;
• Charges were higher than expected; or
• The employee applied pressure to earn commission.

8.2 Receiving a complaint

The employee should:

1. Listen and remain professional.
2. Record the complaint accurately.
3. Identify the provider and referral involved.
4. Preserve the disclosure and consent records.
5. Avoid admitting liability without authority.
6. Refer the matter under MyEstate’s complaints procedure.
7. Consider whether the provider should be notified.
8. Identify any immediate transaction risk.
9. Avoid retaliatory or defensive treatment.
10. Continue providing the customer with an appropriate service.

8.3 Responsibility for the provider

MyEstate is not automatically responsible for every act of a separate provider. However, MyEstate may still need to consider:

• Whether the recommendation was presented accurately;
• Whether proper checks were carried out;
• Whether the commercial relationship was disclosed;
• Whether known concerns were ignored;
• Whether customer information was shared properly;
• Whether MyEstate contributed to the loss;
• Whether the provider is connected to MyEstate; and
• Whether the provider should remain on the panel.

8.4 Complaints concerning urgent transactions

Where poor service by a recommended provider may affect an exchange, completion, tenancy commencement or another deadline, the issue should be escalated immediately.

Staff should distinguish between:

• Helping the customer obtain an update;
• Managing MyEstate’s part of the transaction; and
• Giving legal or regulated advice beyond their authority.

8.5 Learning from complaints

Management should use complaints to review:

• Disclosure wording;
• Staff training;
• Opt-in procedures;
• Provider performance;
• Incentive arrangements;
• Customer communications;
• Record-keeping;
• Data sharing; and
• Whether the commercial arrangement remains appropriate.

Lesson 8 key point

Referral complaints may reveal weaknesses in disclosure, consent, staff incentives, record-keeping or provider oversight—not merely poor service by the third party.