Real estate agency using fake AI salesperson to spam customers

Ellen Fanning received a phone call from "Daniel", who turned out to be an AI system. (612 ABC: Kenji Sato)

An AI real estate agent is calling customers and trying to convince them to buy a Gold Coast apartment.

The agent identifies itself as "Daniel" from Colliers real estate.

Ellen Fanning will ask Queensland's leading legal minds whether "Daniel", the AI bot, is breaking the law on today's Drive program.

When 612 ABC presenter Ellen Fanning received a phone call from "Daniel", she sensed something was amiss.

Daniel introduced himself as a Colliers real estate agent who was reaching out to prospective buyers of a new Gold Coast apartment tower.

"I'm actually an AI system designed to help you with your inquiry about Bilinga House," Daniel replied.

When pressed further, Daniel said he was calling on a recorded line and the whole conversation had been taped.

Before being questioned, Daniel had never disclosed that he was AI nor that he was recording the conversation.

Several 612 listeners called in to say they too had been called by "Daniel".

Following Ellen's discussion about the experience on the 612 Drive program, Daniel's mobile phone number was disconnected.

Colliers has offices throughout Australia. (612 ABC: Kenji Sato)

Queensland University of Technology digital media professor Jean Burgess said "Daniel" was a "scary" glimpse of what the future held.

Professor Burgess said people were increasingly unable to trust what was real and what was artificially generated.

She said consumers were taking an increasingly dim view of companies that leaned on AI instead of human beings.

"The human voice and conversation is the gold standard for authentic intimacy between people," Professor Burgess said.

"To be breaking these social norms is going to completely backfire on a business doing this sort of thing."

Queensland has "one-party consent" laws, which means only one person involved in a conversation needs to agree to have it recorded.

It means you can record a phone conversation you are having with another person, even without telling them.

However, lawyers say it is unclear whether an AI is considered a "party" in a conversation, or whether a company is breaking the law by recording these conversations.

Real Estate Institute of Queensland chief executive Antonia Mercorella said the law was often unclear when it came to AI.

Antonia Mercorella says real estate agent businesses should announce they are using AI bots. (ABC Radio Brisbane: Kenji Sato)

However, she said real estate agents had, at least, a moral duty to be transparent about