Agent Listing property without Signed Rental Contact

[joe_1010]

Hi Everyone,

I wanted to rent a unit in Hornsby and initially wanted to manage it myself so I put the rental listing on gumtree.

Later on that week one of the property agents in the area phoned after looking at my gumtree advertisement and came over and gave me a quote for the management fees 4%+GST to manage the unit through their agency.

I asked them to leave the contact with me and I will sign it and then return it back once I have made up my mind to give them the listing.

Next day the agent phoned me and said that he has already put the advertisement for my unit on realestate.com.au and domain through their agency!!! This happened about 1.5 week ago. Photos taken from another property listed in the complex.

I am now not happy as I don't like the property manager as he did not show up for the open home this Saturday and I want my unit to be managed by another agency.

What can I do ? I feel this agency has fobbed me into giving them the lease property management listing. I have not signed anything. Can I just ask the agency to cancel my listing ??

Please help..

 

[Tano]

There is no contract so you dont have to pay him anything. Its not illegal for him to place an advert but he is wasting his time and money. Although to load it up on RE.com i presume you have to check the title, have proof of the owner and have a valid contract.

How can he show people through if he does not have the keys?

 

[chilliblue]

Joe, if you have no signed managing agency agreement then you have no contract with the agent. If this is the case, write to the agency and the licensee advising them they are to have no further contact with you of the property and if they are holding keys and the like, these are to be returned within 7 days.

If they cause you trouble contact Department of Fair Trading.

 

[Scott No Mates]

No agency agreement = no entitlement to commission.

NSW PSBAA 2002, Section 55

 

[Xenia IM]

one line email:

Please remove the advertised listing, it is listed with another agent.

regards

 

[joe_1010]

Thank you everyone.
Had a chat with the agent and its all fine now.