Cameron Fisher - Something Very Fishy!

OPINION
by Peter Mericka B.A., LL.B
Real Estate Lawyer
Qualified Practising Conveyancer Victoria
Director Lawyers Real Estate Pty Ltd

 

On Tuesday 26 February, 2008 I typed "Docklands" into the search facility at www.realestate.com.au. On page 4 of the "Docklands" listings was a Feature Listing under the banner of the Changing Places Real Estate agency, titled "DOCKLANDS $730,000-750,000 Elevated Waterfront Residence 70 Lorimer Street". A client had called me and complained that there was "something very fishy" about this advertisement. I investigated and caught (or was told) a whopper!

 

Who is Cameron Fisher?

Cameron Fisher glitters with gold, from his shiny golden vest to the golden bracelet and golden cuff links dripping from his wrists (I think he even has a gold tooth). Cameron Fisher is a Melbourne estate agent, and according to his website, he is also a "super salesman", "energy personified", "expertise in motion", "an achiever who gives and gets more", "one of Victoria's youngest estate agency owners and directors", and "adviser to leading institutions, accountancy practices and law firms on real estate issues and trends". In addition,

"As one of Victoria's youngest Estate Agency owners and Directors, Cameron's career has certainly left the mundane behind. His record of over 3,000 successful auctions bears testimony to his dynamic skills. His auctioning verve continually gains Cameron's vendors excellent prices. In such a competitive industry, few can boast such outstanding results. With his innovative style and charismatic approach, Cameron is an ideal choice for those of you thinking of buying or selling."

It appears that Cameron Fisher also regards himself as something of a genius, with the following quotation appearing on his Changing Places website:

"remember
A true genius is one who makes more while working less."

One gets the impression that Cameron Fisher is pretty damned good.

Cameron Fisher is the Managing Director of Changing Places, a Melbourne real estate agency that sells "areas" to estate agents who seem to operate from the boots of their cars.

I first heard of Cameron Fisher some years ago when he chased up a probate notice I had placed in The Age newspaper, apparently in the hope of listing the deceased's property. When it comes to getting listings Cameron Fisher knows all the tricks.

 

Cameron Tells A Whopper

The client who complained about the advertisement for the Docklands property started off by telling me that he was sick and tired of estate agents telling porkies. When he asked me if I had heard of "this Changing Places mob" I told him about the hearse-chasing letter I had received from Cameron Fisher some time ago. The client explained that he actually lives next door in 80 Lorimer Street, that he knows the layouts of the various units in the 70 Lorimer Street building, and that he was sure that Changing Places had never had a unit of the type displayed in the advertisement listed. As the client put it, "Changing Places is selling a phantom property."

"Try it yourself", he said. "Go to the ad and click on it for more information, you'll get a message back saying that it's sold. I got the same response at the start of January."

I searched www.realestate.com.au under "Docklands" and on page 4 I found the Changing Places advert for 70 Lorimer Street. When I typed a message to the listing agent, requesting information about obtaining a Section 32 and details of inspection times, I received the following response from Cameron Fisher:

Hello, This property is now sold. We would be happy to look for other suitable properties for you. Please take just a moment to fill in the so we can help you in your endeavours. Kind Regards, Cameron Fisher Managing Director sales@changingplaces.com.au

The property had not "Now" sold at all. If it had been sold at all it must have been last year, because the client had received exactly the same email from Cameron Fisher early in the New Year. I suspected that Cameron was telling porkies.

So what was the purpose of this seemingly "phantom" property?

Clicking on the "wish list" link delivered me to a questionaire which, among other things, asked:

Do you need to sell your present home?

 

Just Trawling For Listings?

It appeared that the whole setup was little more than an elaborate method of trawling for prospective vendors, and an attempt to have them list their properties with Changing Places. After all, if someone is looking to buy in Docklands chances are they are selling an expensive property somewhere else, right?

I decided to investigate further, and so I made contact with Changing Places listing agent, Leigh Dixon. I had a very interesting conversation with Mr Dixon, during which he corrected me, telling me that the ad was not a "phantom" ad but a "generic" ad. When I put it to Mr. Dixon that "phantom" and "generic" mean the same thing insofar as they mean that the advertisement is for a property that is NOT on the market, he agreed.

I told Mr. Dixon that I had responded to the advertisement for 70 Lorimer Street, Docklands and that I received an email signed by Cameron Fisher telling me that the property had been sold. I put it to Mr. Dixon that the information provided to me by Cameron Fisher was false. Mr. Dixon did not respond.

I then emailed Mr. Dixon and explained,

"...the reason I have investigated this matter is that a client of mine actually resides next to 70 Lorimer Street, and has complained to me that Changing Places uses “phantom” or, to use your term, “generic” adverts to lure potential clients for its sales and buyer advocacy services."

Mr. Dixon did not respond.

Finally, I informed Mr. Dixon that this matter would feature on the Australian Real Estate Blog. I heard nothing more from Mr. Dixon, but Cameron Fisher then entered the discussion.

 

Cameron Fisher's Response

In an email to me Cameron Fisher said,

"The ad is not a phantom ad. The property in question has been sold."

I informed Cameron Fisher,

"As you can see from my email to Leigh Dixon, Leigh confessed to me that the ad is a “generic” ad.  His confession came about when I asked him which unit the ad related to, he became lost for words before giving me two unit numbers, before he agreed that the ad was “generic” and is used to attract purchasers for future properties.

Perhaps you’d like to nominate the address of the property the ad relates to, the precise date on which it was sold, and the name of the solicitor/conveyancer who handled the matter.  I can then check the facts independently before I write my posting."

In his next email Cameron Fisher threatened me with legal action, then simply restated his earlier answer,

We sold that particular property which Leigh has informed you of.

I became more firm in my request for a clear response,

I note that you have refused/failed to provide any details of any property you claim to have sold at 70 Lorimer Street, Docklands, despite having been given the opportunity to do so.

I put it to you that Changing Places has used the address of 70 Lorimer Street as a means of tricking intending purchasers into believing that Changing Places has units for sale in that block when it does not.  How do you respond to this?

I put it to you that the purpose behind the strategy of falsely advertising the sale of property at 70 Lorimer Street is to generate interest from intending purchasers for the purpose of selling real estate services.  How do you respond to this?

Cameron Fisher's reply to this was,

Your statements are inaccurate and we stick by our sales in the development.

I probed him further,

You have stated, “Your statements are inaccurate and we stick by our sales in the development.”

I note that there is no record on www.realestate.com.au of any properties sold by Changing Places at 70 Lorimer Street.  Please advise as to precisely which Units Changing Place claims to have sold at 70 Lorimer Street so that your claims of having made “sales in the development” can be verified.

Cameron Fisher's response this time was,

"As already stated we have made sales at 70 Lorimer Street. We don't have to verify anything to you...If you don't believe we have made sales then that is up to you. We would be happy to provide proof as a court may direct if action is necessary against you."

 

The Advertisement Disappears - Like A Phantom!

At 7.45 p.m. on Tuesday 26 February, 2008 I did another search on "Docklands" at www.realestate.com.au. The advertisement for 70 Lorimer Street, Docklands was gone. It had disappeared - like a phantom!

I checked the "Sold" listings for Docklands, and there was nothing there to indicate that Changing Places had sold any properties at 70 Lorimer Street.

Before it disappeared, this particular advertisement had registered over 4,500 visits.

 

Conclusion

Consumers are sick and tired of responding the advertisements placed by estate agents, only to find that they are wasting their time. The use of advertising as a form of "bait" to lure consumers for the purposes of cross-selling real estate services has a long tradition in the real estate industry.

Not only is the false advertising of "phantom" properties annoying, it is also likely to have some affect on property values. For example, anyone seeing 70 Lorimer Street on the market for months at a time would be likely to think that units in that development are not popular.

The use of "phantom" advertising is very difficult to detect - those who use it simply deny it and then delete it. Like email spam, it appears to be innocuous, but as its use becomes more widespread it will inevitably undermine internet advertising as a useful medium.

Industry stakeholders and regulators must address this problem urgently, as the integrity of internet advertising is at serious risk.

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