Buyer withheld money

I just sold my property, it was a bad experience from the start. The agent I chose was fine until the the eventual buyer arrived on the scene then treated me like dirt.The buyer is an investor whom he is now in the process of selling another property to. He would not respond to any communication. A few days before settlement I went interstate on business, most of the place was empty. I left a spare set of keys withe the Agent to allow buyer to inspect the property on the proviso that it was under his supervision. I returned to find tradesman in my property measuring for alterations.

On settlement day the buyer complained that I had left a table behind and that they wanted the dishwasher removed even though it was listed as an inclusion in the contract. I admit the table was left behind, the person paid o remove it let me down badly. The buyer withheld $5000, if I did not agree settlement would have been delayed and I was settling on my current property the same day.

Now the agent has my $5000 and informs me that no part of it will be return because I left the table behind.

I don't mind paying a reasonable amount to have the table removed as long as they show me a receipt but I do think I am entitled to the balance back.

What do I do about it. Surely there is some sort of accountability

I am in NSW
 
Pay a rubbish removal guy $100 to take table away, then ask for agent to remit payment.

If they refuse, speak to agency principal and ask them to explain why they believe they are entitled to $5k.

If they give grief, talk to your solicitor
 
I just sold my property, it was a bad experience from the start. The agent I chose was fine until the the eventual buyer arrived on the scene then treated me like dirt.The buyer is an investor whom he is now in the process of selling another property to. He would not respond to any communication. A few days before settlement I went interstate on business, most of the place was empty. I left a spare set of keys withe the Agent to allow buyer to inspect the property on the proviso that it was under his supervision. I returned to find tradesman in my property measuring for alterations.

On settlement day the buyer complained that I had left a table behind and that they wanted the dishwasher removed even though it was listed as an inclusion in the contract. I admit the table was left behind, the person paid o remove it let me down badly. The buyer withheld $5000, if I did not agree settlement would have been delayed and I was settling on my current property the same day.

Now the agent has my $5000 and informs me that no part of it will be return because I left the table behind.

I don't mind paying a reasonable amount to have the table removed as long as they show me a receipt but I do think I am entitled to the balance back.

What do I do about it. Surely there is some sort of accountability

I am in NSW

Ring up the local http://www.vinnies.org.au/?gclid=CI-hxJjU08ACFRNffgoddD0Auw they will come and take the table away for free plus your helping other people,i agree with the other people seek legal help there are some very switched on people within this site ,or ring this mob they would love a story like this,http://aca.ninemsn.com.au/..
 
Did you seek legal advice on this before agreeing?

Is the $5000 held in trust for you? Why does the agent have it?
 
When i asked my solicitor how much i could withhold for a garage full of junk, they said $1k.

I was also told that once the junk was cleared out I had to advise the solicitor and they would then send a fax to the real estate agent office to notify that the funds could be released.
 
This is why I tell my clients to use a good solicitor not a cut price conveyancer, coz when things get interesting you want their muscle in your corner.
 
This is why I tell my clients to use a good solicitor not a cut price conveyancer, coz when things get interesting you want their muscle in your corner.

Yep - worth their weight in gold!

The vast majority of the time things will go smoothly - but when they don't, you need a good legal person on your side.

Cheers

Jamie
 
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