A former real estate agent has been convicted and sentenced to an 18-month community corrections order after illegally transferring rental payments.
Daniela Vella took $164,000 of client funds and deposited it in a third-party account, through 56 transactions of between $400 and $5000, between June and October 2020.
In the same year, she also illegally moved nearly $230,000 between trust and business accounts at the now defunct Harrison Parker Real Estate.
Vella pleaded guilty in the Melbourne Magistrates’ Court to two offences under the Estate Agents Act. The court noted she would have faced a jail sentence had she not entered an early guilty plea.
Vella was ordered to repay $164,000 to the Victorian Property Fund. She must also complete 300 hours of community service under her 18-month community corrections order.
Consumer Affairs Victoria began investigating Vella and her agency following complaints by rental providers and claims made through the Victorian Property Fund. The fund provides compensation to consumers who have suffered financial loss due to an estate agent’s mishandling of their money.
The accounts were frozen by the then Minister for Consumer Affairs when the investigation began, so no further money could be removed.
Vella obtained her estate agent’s licence in 2012 and was sole director of Harrison Parker Real Estate Pty Ltd in Greenvale from 2013. The company and Vella’s estate agent licences were cancelled in September 2020 and September 2021, respectively. The agency was deregistered as a company in May 2023.
Consumer Affairs Director Nicole Rich said the sentence was a reminder to agents about their responsibility managing trust account funds.
‘Handling trust account money is a serious obligation, and consumers should never have to worry that their funds could be misused for personal gain,’ she said.
‘We will continue to investigate and take action against agents who mishandle their clients’ money and damage the industry’s reputation'.