Agent not taking offer

[Glucose]

Last year I looked at a house at an open house inspection, decided to buy & rang the agent to put an offer. Was told the vendor was considering another offer & he'd get back to me if that offer was not accepted. I offerred the asking price, but the agent obviously did not present it. The next weekend the house was again advertised. Rang agent - "sorry ad should not have been put in as there was a contract on it". Next weekend ad was in paper again. Agent did not return my calls. Ad was in again for a few more weeks. It was a really funny business, and another agent from whom I have bought a couple of houses suggested the possibility of the agent making sure the house was available for a friend or relative or some such funny business! End result - I will never buy anything through that agency again. That one agent's behaviour reflects very badly on the whole agency he works for.
And yes, my understanding is that in Qld ALL offers must be presented to the vendor.

 

[sailor]

I wonder if the agent was just taking advantage of the advertising he/she would get...especially if the vendor had already paid for it up front! And then some newspapers give a 4-week advert deal, and the ad goes in automatically.

Still the REA should have returned your calls...just plain rude not to, and you could have been phoning about another property, and now he's missed out on a potential sale.

 

[CairnsAgent]

It is unfortunate, but true...
Some agents will keep a property that is "good value" or has generated a lot of interest advertised for a period after it is under contract, as they know they will continue to get inquiries from potential buyers, they will then tell them of the "mistake" that it was advertised...but I do have this other house..yadda yadda..it is switch selling, it is in my opinion a dirty trick and misleading, but unfortunately, depending on how they word what they say..not illegal...only immoral.

Cheers.

 

[willair]

It is unfortunate, but true...
Some agents will keep a property that is "good value" or has generated a lot of interest advertised for a period after it is under contract, as they know they will continue to get inquiries from potential buyers, they will then tell them of the "mistake" that it was advertised...but I do have this other house..yadda yadda..it is switch selling, it is in my opinion a dirty trick and misleading, but unfortunately, depending on how they word what they say..not illegal...only immoral.

Cheers.

So licensed Deep North R/E agents can happily sell a home with
discretionary "advertising and promotion" which "may include"
other peoples’ properties, then expect max commission to be
paid,what a joke the only way it works is if it's on paper,
verbal offers mean nothing and half the
time the agent will just play the dumb game till you come
up with a better offer.........good luck willair..

 

[The Y-man]

For QLD and Vic I have used the multi page contract document that takes longer to prepare (by the REA), it becomes an offer once the purchaser signs the document and a contract once the seller has also signed.

In Vic, the agent may also simply have a separate one sheet contract note (REIV standard form?) one which the offer is written andd for the vendor to sign, separate from the section 32 Vendors's Statement (the multipage stuff)

Cheers,

The Y-man

 

[CairnsAgent]

Willair
I dont believe I said that is a practice I use..or implied that practice is one I believe in...to say that "licensed Deep North R/E agents can happily sell a home with
discretionary "advertising and promotion" which "may include"
other peoples’ properties, then expect max commission to be
paid" Would imply that I or other "licensed Deep North R/E agents" are using this technique, I dont believe the location of the property was ever discussed.
I have clearly outlined that I believe this to be misleading and immoral.
However I do agree with you, that in all cases, unless it is in writing ("on paper") it is not worth the time it has taken to make the offer verbally, it is very hard froma legal point of view to prove what was said on a "he said / she said" basis if their is a contract / offer dispute without the required paperwork.

Cheers.

 

[Spectre]

As a seperate query does anyone know the procedure for each state?

 

[evand]

Hi Glucose

When there is quite a bit of interest in a property its common for an agent to wait for a buyer (or prospect) that is also selling their own property.

The agent tries to get that listing as well. They will pass up offers from people who arent selling their own property (eg: investors)- regardless of the price - for one that is selling.

This tactic is very common and possibly the easiest way an agent to acquire listings. Its happened to me a couple of times, until i wised up and went straight to the vendor.

Last year I looked at a house at an open house inspection, decided to buy & rang the agent to put an offer. Was told the vendor was considering another offer & he'd get back to me if that offer was not accepted. I offerred the asking price, but the agent obviously did not present it. The next weekend the house was again advertised. Rang agent - "sorry ad should not have been put in as there was a contract on it". Next weekend ad was in paper again. Agent did not return my calls. Ad was in again for a few more weeks. It was a really funny business, and another agent from whom I have bought a couple of houses suggested the possibility of the agent making sure the house was available for a friend or relative or some such funny business! End result - I will never buy anything through that agency again. That one agent's behaviour reflects very badly on the whole agency he works for.
And yes, my understanding is that in Qld ALL offers must be presented to the vendor.

 

[willair]

Willair
Would imply that I or other "licensed Deep North R/E agents" are using this technique, I dont believe the location of the property was ever discussed.
I have clearly outlined that I believe this to be misleading and immoral.
.

I do need to know the location, you have already stated that other
R/A use this slick underhanded evasive style of sales method and the
facts of the matter are it happens every day in Australia,it is quite
easy to disclaim responsibility after all the contract is binding on the
Principal and the vendor not the agent,as we all have Karma as our own
then do what ever you want..good luck willair..