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Original Four Corners full report video: https://www.youtube.com/watch?v=K62MxrUHDj4 Buyer's agent Jack Henderson's links to selling agent raises questions about perceived conflicts of interest in sector Greig Sheridan is a fan of buyer's agents. He used one 20 years ago, and so when he and his partner Glenn were looking for a home in 2021, they took up the services of an agency that billed itself as "the number one buyer's agency" in Australia. But his most recent experience has left him questioning whether he should have used one again. Four Corners can reveal the founder of his buyer's agency has extensive links with the founder and director of the selling agency the couple purchased their home through The relationship raises questions about how effectively perceived conflicts of interest between buying and selling agents are being managed, and whether the regulation of buyer's agents in Australia is fit for purpose An early 'red flag' In 2021, Mr Sheridan and his partner decided to sell up out of Sydney to fund an earlier-than-expected retirement They set their sights on Newcastle, attracted by its more affordable prices and the prospect of a sea change They decided to use a buyer's agent. Buyer's agents have been around in Australia for more than 20 years, although they have more commonly been used for more upmarket properties But as property prices have soared and as competition among would-be buyers has intensified, more consumers are turning to buyer's agents to represent their interests and help them make what might be the biggest financial decision of their life When Sheridan asked around, one particular buyer's agency kept coming up: Henderson Advocacy, run by 26-year-old Jack Henderson. "We found that real estate agents were suggesting that we call Hendersons," he said "We, perhaps naively, went straight to them." Jack Henderson is the director of Henderson Advocacy Mr Sheridan was initially troubled by what he described as a "red flag". The agency agreement they were asked to sign by Henderson Advocacy had what is known as a non-disparagement clause It prohibited them from "making any statement or publication, which may otherwise adversely affect the agent's reputation" "So, we couldn't leave anything less than a glowing five-star Google review," Mr Sheridan said "I responded to Jack straightaway saying, 'Nup, we're disengaging, we not going to proceed'." Mr Henderson ultimately agreed to remove the clause. They agreed to sign up in August 2021 and paid a $5,500 retainer up-front. Stephanie Tonkin from the Consumer Action Law Centre said she did not believe these kinds of clauses should appear in buyer's agents' agreements "A non-disparagement clause is likely to be unenforceable anyway," she said "The ACCC has taken action against businesses with non-disparagement clauses and deemed them to breach unfair contract terms laws." Henderson Advocacy located a home in the Newcastle suburb of Adamstown for Mr Sheridan and his partner The property was being sold by a selling agent at PRD Presence, which also trades as PRD Newcastle They made an offer, and it was accepted. On settlement, Henderson Advocacy charged them a commission on the purchase price of the property. What they did not know — until they were contacted by Four Corners — was that one of Henderson Advocacy's co-founders was also the founder and director of PRD Newcastle "That just seems totally inappropriate," Mr Sheridan said. "The whole point of engaging a buyer's agent is to be our representative, to be able to talk all of the real estate guff and know and work through all of the strategies that the vendors' agent would be using against us. "We're paying them a very large amount of money — we certainly want them to be on our side." PRD Newcastle is a franchise that was co-founded and directed by Mark Kentwell, a prominent selling agent in the area. Mr Kentwell also co-founded Henderson Advocacy alongside Jack Henderson in 2020. He is not a director or shareholder of the company and told Four Corners he received no profit distributions or dividends from it. The two men have also jointly directed two other separate companies since April 2021: Henderson Metro Vic Pty Ltd and Henderson Metro Qld Pty Ltd. They appear in a number of online real estate videos together, including what they describe as "founders updates" on Henderson Advocacy's YouTube channel. Mr Kentwell told Four Corners in a statement: "A strong relationship between a selling agent and buyer's agent is common in the real estate industry, and the customer benefits from this relationship. The interests of each client are still represented by the respective agents and licensees of the licensed trading entities they have engaged." PRD Presence told Four Corners in a statement it "has and will continue to comply with its obligations of disclosure pursuant to the Property and Stock Agents Act 2002 (NSW)". Questions raised over business links.

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