Our Response to the 2011 Disqualification in NSW and Marquette Turner SMH Article
The Marquette Turner Luxury Homes Response to the 2011 Disqualification and Marquette Turner SMH Article
The disqualification related to an issue regarding a strata management company in the state of New South Wales (NSW), Australia. The Strata Company was Licensed to a third party in what was regarded as a Franchise agreement and an entitlement to exclusively trade in the area of strata management in the State of NSW. The agreement meant that no other party would be licensed to operate a strata management business in the State of NSW, providing a very large exclusive territory for that party. In other words no other company or person could use the Marquette Turner Luxury Homes brand in strata management in the State of NSW.
Due to irregularities in a particular strata fund that was managed by the Franchisee, the strata management company became involved in a dispute with the NSW Real Estate Licensing authorities which eventuated in the cancellation of that Franchisee’s real estate License. As Marquette Turner Luxury Homes was the parent or Franchisor, the NSW Real Estate Licensing authority made the decision to jointly and severally include the Franchisee and the parent company which included it’s Directors and Licensees.
By virtue of implication, our name being licensed to a third party (Franchisee), we were included in the action, even though we had no involvement in the administration or general business of the strata management company. We did not operate the trust fund/s for the strata management company, nor did we hold the real estate License for that business.
None of our companies in any other State or Country were affected and no fines or criminal charges were ever filed by any authority against Marquette Turner Luxury Homes Franchisor or the company founders – Michael Marquette or Simon Turner. The Real Estate Licensing authority in NSW had the power to apply License cancellations to any License holder, without the requirement for full and proper process which would include a formal hearing to determine the offending party, penalty, etc. The decision was made by a Government department, with no requirement for full and proper process and was made summarily by a representative of that Government department.
The decision was able to be appealed to yet another Government body, which reviews the decisions of Government Departments. Due to the number of appeals made by the Government Real Estate Licensing authority on points of law and jurisdictional matters, the actual facts were never heard by the Review Body and the process became wrapped in red tape. Obviously we were horrified by the lack of due process and the way the matter was decided in a summary fashion by a Government body, with no proof of responsibility, involvement or guilt by the parent company (Franchisor) or it’s founders – Michael Marquette and Simon Turner, ever being established, proven or reviewed.
It is also worth noting that the only article actually written on this topic appeared in one newspaper, in one state of Australia and was written by a gossip columnist who had historically had a poor relationship with both ourselves and our companies (not simply Marquette Turner) as he was not a person that we chose to engage with in the process of doing business. This caused him to be quite biased and sensational in his reporting. To make the article even more outrageous he was days away from launching his own real estate news website, so the shrill headline and level of venom in the article whilst not pleasant, were neither particularly surprising.
So in conclusion, the matter related to a Strata Management Franchisee, there was a total lack of due process and no Tribunal or Court has ever heard the actual facts of the case as the decision was made by an individual at a Government department. There have been no fines or charges ever laid against Marquette Turner Luxury Homes parent company, nor it’s founders – Michael Marquette or Simon Turner.
We hope this clarifies the matter and explains why our business has continued to operate throughout the World, with the exception of 1 state in Australia – New South Wales. We were fortunate that 99% of people saw through the gossip, and the strength of our product spoke for itself as within only a day of the article making headlines the enquiries to list, market and sell property increased by five times.
We continue to serve our clients as diligently and professionally as we can and we look forward to the continued growth of the business and it’s Affiliates and Franchisees as we now focus on that part of the business. We strongly believe that the strength of our brand has increased and we are extremely confident as we move forwards.
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